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CITY COUNCIL WORK SESSION
September 13, 2016
4:00 PM, City Council Chambers
MEETING AGENDA
I. Civic Space Options
II. Land Use Code Revisions
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MEMORANDUM
TO: Mayor and City Council
FROM: Rob Taylor, NV5 & Jeff Pendarvis, Capital Asset Project Manager
THROUGH: Jack Wheeler, Capital Asset Manager
DATE OF MEMO: September 09, 2016
MEETING DATE: September 13, 2016
RE: Aspen City Hall Direction
REQUEST OF COUNCIL: Two Aspen City Hall options are being presented today for design direction
and discussion from Council:
1) Galena Option – One Roof Option
2) Armory Reuse – Three roof option, Armory, Rio, Galena
The goal of today’s session is to find out if Council would like to change the direction given to staff on
November 16, 2015 that was to “take the Galena Plaza Option solution to detailed design” or move to the
Armory Reuse Option as the long term Space solution. .
PREVIOUS COUNCIL ACTION:
THE GALENA OPTION
August 23, 2016 – Staff presented the Galena Option alongside two Armory Reuse Options, one with, and
one without Powerhouse use. Council had 4 members in attendance, with Art Dailey absent. No
definitive decision was made of Armory Reuse, or Galena Option, however Council confirmed to staff
that the Powerhouse would only be a temporary use and not part of a long term City Hall solution, this
narrowed the decision to two options. The Galena Option and the Armory Reuse Option.
July 19, 2016 – Galena Option previously approved was shown with additional requested options of the
Galena Alternate and an Armory Re-use Option with a Purchase of Space. Council directed staff to
produce more information on the use of the Armory as City Hall.
July 5, 2016 – Update on the Galena Option and Galena Reuse Option 2.0. Council requested additional
phasing and cost information on these options as well as the Galena Alternate.
March 7, 2016 – Worksession update on the Galena Option. Council requested to keep modest and
humble.
Nov 16, 2015 - Worksession. Confirmed - Move the city office project “the Galena Option” at Galena
Plaza forward to detailed design.
November 3, 2015 - The community was asked in an advisory vote if the Armory building should be used
as city offices, or for community use. Community use was preferred.
August 3, 2015 – Worksession - Programing of 51,900 sf at Galena Plaza including reuse of the existing
Armory for community use was approved to move to detailed design by a vote of 4-1.
July 14, 2015 – Worksession – Options of Armory Option, the Galena Option, and the Galena Alternate
conceptual designs. Council discussed each design and was in favor of the staff recommendation for the
Galena Option 3-2.
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I.
BACKGROUND:
• 2015 Final Facilities Master P
typical national space standards and
current departmental space:
• 2014 Facilities Master Plan conducted a detailed departmental analysis and showed need for
14,900 square feet (sf) for the
• 2012 Aspen Area Community P
preservation of Historic assets, connections with parks)
• Civic Master Plan 2006 adopted;
space needs.
• Purchased Zupancis property in
(note: Aspen Police Department is approved by Council to proceed on
DISCUSSION: In the past three months
Option where city offices utilize our current assets. Based on public sentiment, there appears to be a
degree of community support that the Armory remains City Hall and also that
assets are re-utilized. While we do have a
Armory, there has been no process to guarantee
future. Whatever happens, the City owns a
exposure of maintenance, management, operational costs and capital replacement.
A process for assessing needs and a sustainable operation
not fully remove any exposure of ongoing costs of the current City owned Armory.
Process steps for assessing Armory use for the community
• Engage an outreach consultant
• Community need and outreach study
• Proof of need
• Financial viability of business plan
• Request for proposals
• Proposals and proof of funding ‘
• Selection of operator
• Confirmation and contracts
Asset’s conclusion is that the City still owns the
and the community never is eliminated without
operation and maintenance of the building. This does not include any renovation costs
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Facilities Master Plan program issued. Current space allocation per person is less than
space standards and recommended departmental space actually decreases from
:
lan conducted a detailed departmental analysis and showed need for
for the Aspen Police Department and 51,900 sf for City services.
12 Aspen Area Community Plan is aligned with current Galena Option (services in core,
preservation of Historic assets, connections with parks).
Civic Master Plan 2006 adopted; recommended utilization of Galena site for bulk of City Hall
upancis property in 2000 with the purpose of providing a public facility on the site
(note: Aspen Police Department is approved by Council to proceed on the Zupancis
In the past three months Council has requested more information on the Armory
Option where city offices utilize our current assets. Based on public sentiment, there appears to be a
degree of community support that the Armory remains City Hall and also that as many as possible
utilized. While we do have a community group with some momentum to repurpose the
Armory, there has been no process to guarantee Council that there will be no financial exposure in the
future. Whatever happens, the City owns a 124 year old building where there will potentially be fina
exposure of maintenance, management, operational costs and capital replacement.
and a sustainable operation in the community could take time a
any exposure of ongoing costs of the current City owned Armory.
for assessing Armory use for the community that could take from 9 to 18 months are:
consultant
Community need and outreach study
ility of business plan
Proposals and proof of funding ‘
Asset’s conclusion is that the City still owns the Armory and our financial responsibility to the building
never is eliminated without ongoing funding for about $250,000 per year for
operation and maintenance of the building. This does not include any renovation costs, staffing and
space allocation per person is less than
departmental space actually decreases from
lan conducted a detailed departmental analysis and showed need for
City services.
ption (services in core,
Galena site for bulk of City Hall
purpose of providing a public facility on the site
the Zupancis site).
requested more information on the Armory Reuse
Option where city offices utilize our current assets. Based on public sentiment, there appears to be a
as many as possible current
community group with some momentum to repurpose the
financial exposure in the
old building where there will potentially be financial
take time and may still
to 18 months are:
our financial responsibility to the building
for about $250,000 per year for
staffing and
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overhead, or cost of replacement space. Based on our immediate space need this study does not seem like
a worthwhile endeavor.
GALENA OPTION DISCUSSION: (Currently on Hold at Council direction)
GALENA OPTION DESIGN
Galena Option Schematic Design was issued at the end of May 2016 and is currently in Detailed Design
Phase. Based on recent requests from Council for iterations, new program options, and a Master Plan
review, the Galena Option design has been placed ON HOLD.
As of the end of August 2016, approximately $990,000 will have been spent on design, survey, estimating
and outreach for the Council approved Galena Option. This is within the current budget.
Preliminary Galena Option site planning (Schematic Design)
GALENA OPTION PROGRAM:
The baseline program is on track for all departments and common spaces such as Council Chambers,
Sister Cities, shared meeting rooms, locker rooms, flex spaces, mail etc. The program of 51,900 sf is met
under one roof. There is an additional 2,700 sf of potential space that staff is seeking future Council
direction on for ACRA, whether this should be co-located or be in an alternate lease or owned location.
GALENA OPTION CONSTRUCTION IMPACTS:
The Galena Plaza Option has the least impact on the community as it is one project, which will be
completed in 24 months. When complete, public services will move out of their current locations into the
new building. Basically this option constructs space that does not affect City Services at all, and then the
City moves into a new building.
GALENA OPTION FINANCIAL/BUDGET IMPACTS:
Galena Option current budget is at $31.3 million, on budget for the base program of 51,900 sf and still
subject to ongoing value engineering efforts by the design team. The schematic design has been priced by
Shaw Construction and is a more developed cost estimate than the Armory Reuse estimate being
presented today.
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Per the City’s Finance Department, funding for one site at Galena at $31.3 million and would be financed
through a combination of cash ($20.7 million) and financing ($10.6 million). The annual debt service
payment would be mostly from the Asset Management Plan Fund, supported by departmental
contributions.
LOCATION GALENA OPTION
Armory – Repurposed to community (19,800 sf) 0
Purchase space 0
455 Rio Grande and 425 Rio Grande 51,900
Powerhouse – Repurposed to community (8,000 sf) 0
TOTAL (GSF) 51,900
PROGRAM BUDGET Schematic Design $31.3Million*
GALENA OPTION - PROS AND CONS:
PROS CONS
• Seamless transition of Public Service
• All core services under one roof
• Doesn’t discard sunk cost and time to date
• Is consistent with the 2015 vote
• Aligns with the Civic Master plan
• Aligns with the Aspen Area Community
Plan
• Could push capital costs for the Armory to
another party outside the General Fund
• Relieves parking and traffic in the Core
• Could accommodate long term ACRA
offices in the Armory.
• Does not lease property at market rate
• Does not buy property tied with unknown
future risks
• Is offset by 10,900 sf of current ACRA and
Rio (i.e. gross add is not 54,600 sf)
• Fiscally responsible with no tax increase
• Requires 43,700 sf of new building
• Moves services to the other side of Main
Street
• Adds traffic and heavy use to Rio Grande
Street
ARMORY REUSE OPTION
ARMORY REUSE OPTION DESIGN
Given direction from July 19, 2016, this option enables a full refurbishment of the Armory AFTER a new
component of City services is constructed at the Galena location (current ACRA at 425 Rio Grande
Place). This option offers provides almost seamless service for current City Services in that after the new
structure is built, the Armory program can move to Galena, while the Armory gets its necessary Code,
ADA, Structural, Safety, Functional, and Performance upgrades, where the City can then be consolidated
under the three roof scenario of “Galena, Rio and the Armory”.
ARMORY REUSE OPTION CONSTRUCTION IMPACTS:
The Reuse Option without Powerhouse will be two major construction projects at Galena and the
Armory, and a minor upgrade of the current Rio Grande building to reconfigure for City Offices.
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ARMORY REUSE OPTION FINANCIAL/BUDGET IMPACTS:
Per the City’s Finance Department, funding for the City’s reuse of the Armory, basic renovation of the
Rio Grande and a new 28,400 sf building at Galena at a TOTAL COST of $36 to $39 mil would require
cash of $21 mil and financing of $15 to $18 mil.
LOCATION ARMORY REUSE OPTION
Armory - full remodel (+ small addition) - REUSE 19,800
Rio – (455 Rio Grande – existing space) - REUSE 6,400
Galena – (425 Rio Grande Place current ACRA) – NEW SPACE 28,400
Powerhouse (full community use at 8,000 sf, REUSE) 0 sf for City 0
TOTAL (Gross Square Footage)** 54,600
PROGRAM BUDGET rough order of magnitude* $35.9 - $38.6 Million*
*ROM unit pricing and current market pricing
** Gross Square footage impact of 5%-10% could occur due to multiple locations
Phasing costs for this Armory Reuse Option are reduced, given the current City configuration can be held
wwhile enabling full continuity of City services. ACRA will move to Powerhouse during construction of
Phase1.
ARMORY REUSE - PROS AND CONS:
PROS CONS
• Uses current configuration for City
offices
• Can Maintain the seat of government at
the Historic Armory
• Keeps government in the Downtown Core
• Can be phased
• Reduces GSF of new construction by
19,800 sf
• Aligns with the Aspen Area Community
Plan
• Aligns with the Civic Master Plan
• No tax increase
• Is $5 - $8 million more expensive, is
difficult to pay for over the next 10 years.
• Three roofs (Galena, Rio, Armory) =
confusing municipal planning, disparate
customer service, difficult parking, loss of
efficiency
• Six roofs during temporary use
• Against the vote for Armory Community
use
• Loss of +/- $1,000,000 sunk costs to date
on Council approved Galena Option
• Large construction risk incurred with
Armory renovation
• Potential increase in Gross Square
Footage due to multiple buildings i.e.
more stairs, elevators, corridors,
bathrooms, etc.
• Less efficient staff utilization if travel
time is factored
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The impacts of each the option as related to new square footage in town is shown below
• With multiple locations there is risk of square footage increase
RECOMMENDED ACTION: Staff recommends the Armory Reuse Option, where approximately
20,000 sf is located in the reused Armory, 28,000 sf new construction at Galena and 6,000 sf reused at
Rio Grande Place. This resolves the immediate need for a robust long term space solution utilizing
current City Assets, with the least financial risk and least new square footage built.
CITY MANAGER COMMENTS:
Attachment
Exhibit A – Pros and Cons
Exhibit B – Presentation
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EXHIBIT A – PROS AND CONS
Galena Option Armory Reuse
Parking
Reduces parking and traffic in core Some reduction of parking and traffic in core
Construction
More new construction by COA Least new construction by COA
Shorter Construction on one site Longest Construction on 2 sites
Construction activity affects fewer people Construction activity affects more people
Less square feet needed for building
appropriate facilities due to building/design
efficiency
Most square feet needed to building
appropriate facilities due to building/design
inefficiency ( Multiple locations)
Fewer building systems and spaces to build
and maintain
Most building systems and spaces to build and
maintain
Allows for best future flexibility Allows for future flexibility
Civic
Most effectively activates underutilized city
assets (parking garage/plaza)
Effectively activates underutilized city assets
(parking garage/plaza)
Completes “civic blocks” and consolidates
public services
Less “Civic Block” orientation with 2 sites
and fractured service. Although does still
allow connection to Galena.
Potentially allows Armory to be used as
public functions
Keeps City Hall in Armory location
Efficiency
Best building/space efficiency Less building/space efficiency
Best energy efficiency Less energy efficiency
Best staff efficiency Less staff efficiency
Cost
Less cost assumed for LEED/WELL design
and construction
More cost needed for LEED/WELL design
and construction as well as Historic
construction needs and multiple mobilizations
as well as escalation
Safety
More ability to manage staff safety in one
location
Challenges with two locations, safety will be
more costly.
Customer Service
Better Good
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9.13.16 Council Work Session
AACP-LUC Coordination Process Update
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Memorandum
To: Mayor Skadron and City Council
From: Jessica Garrow, Community Development Director
Phillip Supino, Principal Long-Range Planner
Justin Barker, Senior Planner
Reilly Thimons, Planner Tech
Meeting Date: September 13, 2016, 4:00 PM
RE: AACP Land Use Code Revisions Update
REQUEST OF COUNCIL: Staff requests direction from Council on specific proposals for changes to
the Commercial Design Guidelines, the affordable housing mitigation rate, and the process for
developing amendments to the View Plane regulations.
BACKGROUND: At their August 29th, 2016 work session, Council directed staff to continue
developing amended Commercial Design Guidelines (CDS) as part of the AACP-LUC coordination
process and sought clarification on specific issues. In particular, Council requested additional
information about the relationship between CDS Character Areas and the Zone Districts boundaries.
Following a request for information from Council, staff provided preliminary feedback at the August
29th work session about the process required for increasing the affordable housing mitigation rate.
Council requested that staff return with more information about the process and the impact of a potential
increase to the mitigation rate. That discussion follows the Commercial Design section of this memo.
Also at the August 29th study session, Council tabled discussion of the View Plane regulation revision
process to the September 13th work session. Based on initial Council direction, staff has devised a
process to survey View Plane preservation regulations in other communities, analyze the impact of
existing regulations and propose amendments to clarify and improve the effectiveness of Aspen’s
regulations. That process and specific questions for Council are described below.
COMMERCIAL DESIGN STANDARDS: Work on this topic supports a number of statements and
policy directions outlined in the AACP, including:
Vision: We want to ensure that the City Land Use Code results in development that reflects our
architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights.
This will help create certainty in land development, prioritize maintaining our mountain views,
and protect our small town community character and historical heritage.
Philosophy: Preservation of historic structures and sites, the historic town layout, landscapes,
and neighborhood ditches connect us to the people, patterns and events that are the fabric of our
town. In preserving our history, we ensure our culture and legacy is imparted to future
generations.
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Policy: Development should “…reflect our architectural heritage in terms of site coverage,
mass, scale, density and diversity of heights…” (Growth Management Policy V.3)
At the August 29 work session, Council had several questions related to the Commercial Design
Guidelines material. Staff has provided additional information and responses to these questions below.
Zoning vs. Design Guidelines: Council requested additional information on the difference between
Commercial Character Areas and Zone Districts. These two systems are currently in place, and work in
concert with one another to ensure development meets design objectives and requirements as well as
dimensional and use requirements. As part of the updates to the Commercial Design Standards, some
minor changes to Character Area boundaries are proposed. No changes to Zone District boundaries are
proposed. Both zoning and design guidelines serve distinct purposes:
Zoning: regulates the overall uses and dimensions of development, including setbacks, height,
floor area, and unit sizes. It establishes the maximum size a building can be and the general
location it can be placed on a property. It creates the “box”.
Design guidelines: provide detailed requirements for the character of building, landscape, site
layout, materials, etc. They work to preserve character and history of existing and new
development and foster consistency and cohesiveness between neighboring developments. They
shape the “box”.
As a general rule, all properties in the same zone district have the same basic allowed development
rights in terms of height and floor area. However, their context may necessitate different treatment in
terms of material, roof forms, window pattern, etc. Design contexts do not necessarily follow the strict
boundaries of the zone districts, creating the need for a more fine grained approach in the Commercial
Design Guidelines. This is where the “Character Areas” come into play.
The purpose of the Character Area map is to reflect and encourage similar context and patterns of
development. In some areas this aligns with zoning (such as the Commercial Core) but in several areas it
does not. This is largely due to the unpredictability of the zoning for an individual property and the
scattered nature of zone districts throughout town. There are several examples in town where a
property’s zoning is sometimes isolated and does not reflect the pattern of development that surrounds it.
For instance, there are four areas of Mixed Use zoning surrounding the core – one to the east, one to the
west, one on Mill Street, and one along Main Street. The allowed dimensions are the same in these
areas, but their contexts in terms of design (roof forms, public amenity, etc.) are different, necessitating
different design requirements. Staff will provide a brief presentation at the work session showing
examples of these properties. Staff strongly recommends continued use of Character Areas to identify
areas of similar development and geographical context.
Public Amenity: Council was interested in understanding how the cash-in-lieu that is collected for
public amenity is currently used. The funds are collected with the building permit and transferred to an
account where they are held until needed for a public improvement project. Recent projects that used
these funds include the Gondola Plaza renovation, pedestrian crossings on Main Street and the Mill
Street Complete Streets improvements. Public Amenity funds were collected from 625 E. Main Street,
308 E. Hopkins, 508 E. Cooper and the Limelight totaling $848,382 and were used to fund these
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AACP-LUC Coordination Process Update
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projects. The cash-in-lieu option provides the City the ability to fund improvement projects with a public
or pedestrian benefit.
Staff and the consultant teams believe that it is important to provide an alternative to on-site Pedestrian
Amenity, particularly when the property is very small or constrained, or when there are several
additional Pedestrian Amenity sites nearby. Allowing for cash-in-lieu of Public Amenity also provides
properties the opportunity to explore design options that may have significant public and architectural
benefit that may not otherwise be possible if Public Amenity were required on site. Additional
requirements could be added to the cash-in-lieu option requiring the funds be used in a specific
geographic area or for a specific project type – for instance, on the pedestrian malls, within a certain
block radius, or for sidewalk or streetscape improvements.
There were several suggestions from the public outreach conducted that arcades in the right-of-way
could be considered as pedestrian amenity, as they provide useful benefits to the community such as
protection from the weather, protection from vehicles, and reducing the perceived scale of a building.
Examples of existing arcades in town include the Woods building, Bidwell (Kemo Sabe) and Aspen
Square. Arcades have not recently been supported because of the location in the right-of-way, but could
potentially be revisited as an option if Council is interested. If so, staff will start to explore potential
issues such as location limitations, drainage, maintenance, etc.
Call-up: Both Council and the review boards have expressed some dissatisfaction with the current call-
up procedure. Under the current call-up process, either P&Z or HPC approves a conceptual design. City
Council has the opportunity to either call-up the project for additional review, or to accept the board’s
decision. If a project is called up, Council may either accept the board’s decision after review, or remand
back to the board with direction for further consideration.
As part of the Commercial Design update, staff and the consultants have researched other ways to
handle the process. There are a number of different options that Council could pursue:
1. Leave the call-up process as it is (described above),
2. Eliminate the call-up process (all design decisions would be completed by HPC and P&Z), or
3. Update the review procedures and decision making standards for call-up (process would remain
largely the same but would be further clarified). Some examples of ways to further clarify
include:
a. Require a statement of reasons for a call-up and hearing (Council would need to provide
clear purpose for call-up),
b. Establish a time limit to make a decision (the project would be deemed approved if a
decision is not made within the time limit),
c. Restrict call-up to a certain set of thresholds (thresholds could be certain decisions,
reviews, or project size, density, location, etc.), or
d. Restrict call-up to issues that were not raised, and could not have been raised, before the
underlying agency (serves as a back-up review only if something was never addressed by
HPC or P&Z).
While it is customary for a local legislative body (such as the City Council) to hear rezoning
applications, their involvement in other types of zoning procedures is less common. It is
understandable for Council to want to respond directly to complaints and concerns by their
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constituents. It is worth discussing whether to continue Council involvement in design review, and if
so, whether reforms are needed that would improve the approval process.
HPC update: At a special meeting on September 7, HPC was asked to provide feedback and direction
regarding proposed changes to the Design Guidelines and their application in the Historic Districts.
HPC was supportive of the proposed changes to the Character Area map and layout of the document.
HPC generally supported the creation of nook and cranny spaces, but with clear limitations on location
and design. One member suggested designating practical areas where these types of spaces might be
more successful. Corner lots were strongly suggested as inappropriate locations for below grade
courtyards. HPC also supported retaining the cash-in-lieu option for pedestrian amenity, but creating
more clarity around what the money is used for in the future.
HPC supported retaining the distinctive Victorian character of the Core through massing, materiality,
architectural features, but still recognize the importance of the mid-century modern architecture to
Aspen’s identity. It was suggested that additional language that can help a designer “skin” a building
would be very useful.
HPC did not have too many concerns with the current call-up process, but was highly in favor of adding
thresholds for call-up such as location or size. The board also suggested included providing more clear
criteria on what the purpose is for a call-up.
LINKAGES: There is a direct relationship between requirements for public amenity spaces and availability
of spaces for nook and cranny commercial spaces. Requirements for on-site public amenity and allowances
for a variety of public amenity creates the opportunity for additional nook and cranny commercial spaces,
however it does not guarantee that they will occupy them. If these spaces are unoccupied, they can have a
detrimental impact on the pedestrian experience and overall design. Additional use mix measures may need
to be considered to further encourage occupancy of these spaces. Additionally, requirements for
commercial design can have a strong impact on what is feasible within a view plane, and vice versa. Certain
requirements or limitations on height and massing may conflict for properties located within both a view
plane and a Character Area and should be carefully considered in tandem going forward.
QUESTIONS FOR COUNCIL:
1. Does Council support continuing with and updating the Character Areas?
2. Should cash-in-lieu still be an option for pedestrian amenity requirement? Should the
criteria for approving cash-in-lieu be stricter and better defined?
3. Is Council interested in allowing arcades in the right-of-way?
4. Does Council agree that changes are needed to the current call-up system? If so, which
option(s) for call-up does Council support?
AFFORDABLE HOUSING MITIGATION: Work on this topic supports a number of statements and
policy directions outlined in the AACP, including:
Vision: We are committed to achieving sustainable land use practices that support a healthy
year-round community and a thriving, vibrant visitor based economy. Additionally, we believe
that a strong and diverse year-round community and a viable and healthy local workforce are
fundamental cornerstones for the sustainability of the Aspen Area community.
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Philosophy: The City and County growth management systems are effective tools that can help
the community reach desired goals. Growth within a community needs to be like that of an
individual, with the need to keep various functions balanced.
Policy: “Ensure that new development and redevelopment mitigates all reasonable, directly-
related impacts.” (AACP Managing Growth Policy VII)
Presently, the affordable housing mitigation rate for expansions or new construction is set by AACP policy
at 60% of actual demand. Therefore, for every 10 units of demand for housing (i.e. full-time employees
filling new jobs created by growth) the City of Aspen requires 6 units be built or mitigated for with fee-in-
lieu payments or use of housing certificates. The units are made available for occupancy by the work
force and the cash is made available for the construction of new affordable housing units. Council has
inquired about the feasibility and process for raising that rate from its current 60%. The potential impact
(in units or cash-in-lieu amounts) can be quantified to provide a framework for discussion of the impact of
adjusting the mitigation rate.
Assume that a theoretical commercial property proposes an expansion of net leasable area of 213 square
feet, which generates an additional one full-time equivalent (FTE) of affordable housing demand, based on
the requirement that 4.7 FTEs are generated per 1,000 square feet of net leasable area. The new FTE
created by the new commercial net leasable area is required to be mitigated at the Category 4 rate, which is
equivalent to 400 square feet of net livable area (if the project mitigated its affordable housing on-site) or
$223,072 worth of fee-in-lieu money. Therefore, the required amount of fee-in-lieu money at various
mitigation rates would be as follows:
• 60% = 240 square feet or $133,843 (current rate)
• 80% = 320 square feet or $178,458
• 100% = 400 square feet or $223,072
Under this hypothetical scenario, an increase from 60& to 100% in the mitigation rate would yield a
$89,229 increase in the fee required to cover the FTE generated, which translates to $419 per square foot
of additional affordable housing mitigation cost for the 213 square foot addition.
LINKAGES: There is a direct relationship between exactions assessed on new development and the
availability of affordable commercial spaces, which should be considered holistically when considering
adjustments to the affordable housing mitigation rate. The additional affordable housing revenue
generated from an increase in mitigation rate would be used to finance the development of units to meet
housing demand. However, the additional project development cost to cover the increased affordable
housing mitigation rate could raise the rents for space in that building. As with other aspects of the
AACP-LUC coordination process, there are important connections between affordable housing mitigation
rates and Council’s other goals as they relate to commercial development. A balance is required to ensure
that policy goals do not work at cross purposes.
QUESTIONS FOR COUNCIL:
5. Is further assessment of the affordable housing mitigation rate a priority project under the
moratorium?
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6. Does Council wish to pursue further analysis of the relationship between its use mix and
affordable housing objectives?
VIEW PLANES: Work on this topic supports a number of statements and policy directions outlined in the
AACP, including:
Vision: The density, size and scale of new all development and redevelopment should maintain
and, if possible, enhance the views of the natural environment. Preserving the natural
environment, scenic views and biodiversity are important to our attractiveness as a community
and a resort.
Philosophy: Scenic views of the natural environment, easy access to public lands and a range of
recreational opportunities are among our greatest assets and the reasons many people choose
to visitor make the Aspen Area their home.
Policy: Zoning and land use processes should result in commercial and lodging development
that is “compatible and appropriate within the context of the neighborhood” and that “reflects
our architectural heritage.” We should “Create certainty in zoning and the land use process.”
(AACP Managing Growth Policies IV.4, V.3, and VIII.2)
There are a number of communities around the Country that regulate View Planes. The approach taken
in each community varies depending on social and spatial factors, such as community conservation
values and the proximity of the conserved view shed to areas subject to new development. In general,
the regulations limit the height and design of development located within set locations (similar to
Aspen’s regulations), and the regulations typically require additional review and permitting for new
development within those areas. The differences from one community’s regulations to another are in the
details, such as the parameters for establishing a View Plane (i.e. from a public space, as in Denver and
Seattle, or to a surrounding landscape, as in Napa County, Calif. and Teton County, Wyo.), and the
means of enforcement (i.e. permitting, heightened design review or prescriptive design standards).
Some of those differences in approach are described in Table 1 on the following page.
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TABLE 1: Overview of View Plane Preservation Regulations in U.S. Cities and Counties.
Jurisdiction Purpose Methodology Review & Permitting
Denver, Colo.
Protect views of the Front
Range from public parks
and open space
Height restrictions for
properties west of
established points within
delineated view planes;
Maximum height relative
to elevation of fixed view
plane; assessed at time of
normal development
review;
Honolulu,
H.I.
Preserve views of
Diamond Head from the
impact of building height
throughout the City
Restrict over-all building
height and require stepped
and sloped roofs on
buildings with the Special
District
Requires Special Districts
Development Permit;
additional design review
Seattle, Wash.
Protect views of the
Cascade Range, Puget
Sound and other points of
interest from public parks
and open space
Case-by-case analysis of
"prominence, public
accessibility and
contribution" to City
landscape
Staff and Planning
Commission review prior
to normal development
review
Vancouver,
B.C.
Preserve views while
allowing for vertical
community growth
Limit height and mass
within defined view
cooridors extending from
a locus to the protected
resource; Height
maximum relative to locus
elevation; TDR program
for properties effected by
regulations
Special review required to
assess impact of view
plane on proposed
development; additional
review required to
establish site-specific
maximum height
Napa County,
Calif.
Preserve views of
surrounding hillsides and
topography from points
throughout the county
Height limits on
development on
slopes>15% or on
ridgelines; height limits on
buildings visible from
specified points
Viewshed Permit requires
special review based on
specifed design guidelines
Teton
County, Wyo.
Preserve scenic resources
visible from roadways a
public spaces throughout
the county
Special commercial and
residential design
guidelines, heightened
review criteria (visual
resource analysis) and
development standards
Scenic Resource Overlay
Zone applied, additional
staff and Planning
Commission review
Defining the purpose and rationale for Aspen’s View Plane regulations and clearly establishing the
location and extent of the protected View Planes will inform the regulatory approach taken to enforce
those View Plane standards. Some communities take a prescriptive approach to regulating development
within view planes, where the maximum height of buildings is static or relative to the baseline elevation
of the view plane locus. This is similar to the approach taken in Aspen’s current regulations, insofar as
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Aspen’s view planes are established at a surveyed elevation and height is prescribed by the angle of the
plane over a given property.
Other communities provide a conditional process to review the specific impacts to protected resources
from specific development proposals. While these review processes may increase risk for developers,
they provide opportunity for new development to create design solutions to mitigate View Plane impacts
and for subjective analysis of actual impacts to viewsheds. Conditional review processes also provide
developers with an opportunity to discuss with officials the reduced redevelopment potential under View
Plane regulations and negotiate development allowances to off-set those impacts. Both processes
(prescriptive or conditional) require permitting and review processes that will have to be developed to
support the regulatory approach favored by Council.
Another major consideration in revising the City’s View Plane regulations is the extent of the View
Planes relative to the protected resource. In some contexts, the protected resource is relatively close to
the area of proposed development, as in Honolulu, Hawaii or Teton County, Wyo. Therefore, the View
Planes often extend to the resource being protected. In other communities, the protected resource is far
enough from the development area that the View Planes extend a specified distance from the established
locus sufficient to provide views without stretching across the city. The later approach provides an
unobstructed foreground to viewsheds while allowing development in the mid and background to occur
without compromising the viewshed. The regulation of fore, mid and background preservation and site
context are important considerations in setting the parameters for Aspen’s review of local View Plane
regulations.
Council is asked to provide additional direction regarding the goals and intent of the View Plane
amendment process and outcomes. For instance, does Council believe the revised View Plane
regulations should address foreground and background buildings differently? How should elements like
foreground, background and the focus of the View Plane be defined? Once the over-all goals and
direction have been established, staff and the consultants will commence with the analysis and
depictions of the existing regulations relative to Council’s goals through the fall. Following this initial
analysis, staff will check-in with Council about findings and draft proposals before bringing proposed
View Plane amendments to Council prior to the expiration of the moratorium in early 2016. This project
is on a later timeline than the other items under consideration in the AACP-LUC coordination process.
LINKAGES: The impact of View Plane preservation regulations on commercial development in and
around the commercial core is dramatic. The Popcorn Wagon, which falls within the Wheeler Opera
Housing View Plane is an example of the effect that View Planes have on commercial design.
Depending on where a View Plane falls on an existing lot, it can limit the height, massing or orientation
of a building. Understanding the proposals in the revised Commercial Design Standards will inform
how the View Plane code amendments ought to be written so the two work in concert.
The relationship between View Planes and the CDS also have a linkage to commercial use mix and
parking, insofar as the design of a building, the available and suitability of commercial spaces therein
and the leasable square footage needed to make it financially viable all depend on the over-all design.
Site improvements such as off-street parking and public amenity may further restrict the developable
area of lots subject to View Plane regulations, reducing net-leasable area and increasing cost per square
foot for commercial uses. These linkages will be taken into account in the View Plane amendment
process.
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QUESTIONS FOR COUNCIL:
7. What are Council’s goals for the View Plane revisions? Some questions to consider:
a. Are they intended to protect a view from a specific location or to protect general
views of the mountains?
b. Is the view back to the point where a view plane originates also important to
consider?
c. Are view planes intended to protect the foreground (i.e. immediately across the
street) as well as the background (i.e. development further away that might not be
seen from the view plan origination point)?
d. At what distance does development within a view plane no longer have a material
impact on its character or quality (i.e. lifts on Aspen Mountain or existing houses on
Red Mountain)?
NEXT STEPS: Following the August 29th work session, staff and the various consultants have begun
the process of refining Council’s policy direction into draft code language. The various project teams
are coordinating with one another to ensure draft policies and regulations that work together toward
Council’s goals. At the scheduled September 27th Council work session, draft off-street parking and use
mix amendments will be discussed prior to the Policy Resolution meeting scheduled for October 10th.
The View Planes analysis will be conducted through October and staff expects to return to Council with
preliminary findings and additional discussion in November. The AACP-LUC coordination process
remains on schedule for completion prior to the expiration of the moratorium.
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