HomeMy WebLinkAboutminutes.council.20170227Regular Meeting Aspen City Council February 27, 2017
1
CITIZEN COMMENTS ................................................................................................................. 2
COUNCILMEMBERS COMMENTS ........................................................................................... 2
CITY MANAGER COMMENTS .................................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 2
Resolution #22, Series of 2017 – GIS Tree Inventory ............................................................ 3
Resolution #26, Series of 2017 – Settlement Agreement in the case of Aspen Retail
Management LLC., et al., v. the City of Aspen .............................................................................. 3
Minutes – February 13, 2017 ................................................................................................... 3
ORDINANCE #6, SERIES OF 2017 – Chain Store Regulations .................................................. 3
ORDINANCE #5, SERIES OF 2017 – Update to State Mandated Building Permit Electric Fees 4
RESOLUTION #25, SERIES OF 2017 – Appeal of Lodge Key Definition .................................. 4
ORDINANCE #3, SERIES OF 2017 – Certificates of Participation Financing for the
Constriction of the Aspen Police Department Building ................................................................. 6
RESOLUTION #24, SERIES OF 2017 – Policy Resolution – Double Basement Code
Amendment ..................................................................................................................................... 7
ORDINANCE #8, SERIES OF 2017 – Double Basement Code Amendment ............................... 8
ORDINANCE #4, SERIES OF 2017 – 427 Rio Grande Place ( Aspen City Offices )- Major
Public Project Review ..................................................................................................................... 8
ORDINANCE #1, SERIES OF 2017 – 110 W. Main St. (Hotel Aspen), Planned Development –
Other Amendment and Vested Rights Extension ......................................................................... 10
Regular Meeting Aspen City Council February 27, 2017
2
At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Daily, Frisch,
Mullins and Myrin present.
CITIZEN COMMENTS
1. Emzy Veazy III spoke about a 100,000 dollar base salary for police officers. He asked for a
parade on Labor Day to support unions.
2. Toni Kronberg said she sent a thank you not to Jennifer Phelan for recommending to hire a third
party to consider lift options for Lift 1A. She asked about the process involved in selecting the
third party.
3. Jane Gottlieb said it seems like we are complicating things on the formula retail. Having permits
pushed through faster would have helped more than this process.
COUNCILMEMBERS COMMENTS
Councilman Frisch said there will be follow up meetings to local retailers in terms of pop up stores and
permitting. This is to ensure the local retail base remains a thriving part of the economy base. Hats off to
Tyler Christoff and the Mayor for finishing the Power of 4 race. Hats off to the guys in Crested Butte for
winning.
Mayor Skadron gave a congrats to everyone who competed in the Power of 4. It was 3 degrees when we
started after 6 weeks of spring. If you haven’t been to a Wednesday night physics lecture at the Wheeler,
go. Aspen Santa Fe Ballet is starting Shadowland. Swing by if you haven’t gone. We are two weeks out
from World Cup coming to Aspen. Snow making is happening in Wagner park. It will be the World Cup
village. Free and open to the public. Numbers watching this will be huge.
CITY MANAGER COMMENTS
Steve Barwick said one of 2017 topics was the idea of a downtown manager. At the time we decide not
to hire. We made some changes to help towards that goal and expanded Mitch Osur’s responsibilities
towards that. He will be a liaison between businesses and downtown and support businesses in a variety
of ways. These will be additions to his current job. It is an experiment to see how this goes. I am not
comfortable hiring someone to see how this goes. Mitch will be a key component in the mall process.
CONSENT CALENDAR
Resolution #26 – Settlement Agreement – Aspen Retail Management
Councilwoman Mullins asked what is the alternative to settle. Jim True, city attorney, stated we continue
litigation. They filed suit in Federal district court. There have been discussions since the filing. The
alternative is to go through a trial in front of a district court judge. He believes we have gotten probably
more than we would get if we would be successful in litigation. It is a fair and reasonable resolution in
this case. The stores are acting in good faith in their business model and we are in control of what
happens directly on our property. It is in the best interest of the city to proceed in this manner. The court
and issues of free speech are further limiting city regulations. It is a good resolution that addresses those
limitations but allows us to monitor what physically happens on our property. I think we have gone as far
as we can go.
.
Regular Meeting Aspen City Council February 27, 2017
3
Resolution #22, Series of 2017 – GIS Tree Inventory
Resolution #26, Series of 2017 – Settlement Agreement in the case of Aspen Retail Management
LLC., et al., v. the City of Aspen
Minutes – February 13, 2017
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilwoman Mullins. All in
favor, Motion carried.
ORDINANCE #6, SERIES OF 2017 – Chain Store Regulations
Jessica Garrow, community development, told the council this is first reading for the regulation related to
formula businesses. Public hearing is set for March 6. The ordinance was proposed by a community
group. It is modeled from other communities. 40 other have similar regulations. It would create a
conditional use review for new restaurants or chain stores. It would affect the C1 and Main Street historic
districts as well as the CL and L zones. All conditional uses are reviewed by P&Z and if denied appealed
to city council. Council asked for additional public outreach. CCLC and P&Z review the proposed
ordinance. CCLC was not in favor. P&Z was in favor and requested additional review criteria. Most
comments on Aspen Community Voice are in favor.
Councilwoman Mullins thanked Jerry for hosting the public meeting. She asked why does it not apply to
NC and SCI.
Councilman Myrin passed out suggestions for changes. He would like to see removed the existing
building exemption and pipeline exemption. He would add an exemption for ground level in the CC. He
also suggested including other zones. It will make it easier to figure out down the road what was
included. He will support the council direction or ballot issue. He does not want to give up the option of
a ballot option.
Councilman Frisch said on removing the exemptions from existing buildings and pipeline. The
suggestion is from adoption day on any building on would have to follow these rules. Councilman Myrin
replied that is a thought or by floor level or zone or the mall. Something that is a physical thing.
Councilman Frisch said the second this is in the CC the ground floor would be exempt. Councilman
Myrin replied yes, or exempt the mall. It should be a physical thing. Councilman Frisch said Bert has
raised some interesting conversation. Councilman Myrin said he wanted that conversation to be on the
table. I’m not stuck on this.
Councilman Frisch asked when does the pipeline close and what is included.
Councilman Daily asked for pipeline buildings is it if there is an application pending or the building itself.
He would be reluctant to go that far on Bert’s exemptions.
Mayor Skadron said it is inventory management of exempt buildings. What does the process look like
down the road when someone is looking at a space. He would like to know what benefit comes to it from
an investor who has a business model in place. If an investor buys a building and plans to put a chain
store in the ground floor. Can you give us a snap shot of what the mitigation may look like. Ms. Garrow
said the code doesn’t differentiate between chain and non-chain. Mayor Skadron said is the possibility
still on the floor that council may not adopt this and it may return to the community as a ballot issue.
Councilman Frisch said I think we made a commitment that it would be a ballot issue if we don’t take
care of it ourselves.
Councilwoman Mullins moved to read Ordinance #6, Series of 2017; seconded by Councilman Daily. All
in favor, motion carried.
ORDINANCE NO.6
(SERIES OF 2017)
Regular Meeting Aspen City Council February 27, 2017
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
CHAPTERS 26.110, 26.710, AND 26.425 OF THE ASPEN MUNICIPAL CODE TO REGULATE
FORMULA USES
Councilman Frisch moved to adopt Ordnance #6, Series of 2017 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Myrin, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #5, SERIES OF 2017 – Update to State Mandated Building Permit Electric Fees
Stephen Kanipe, building department, said this is a 35 percent increase to the permit fees. They were
115.00 dollars last year. They are mandated by DORA and will be 155.25 now. Every October DORA
analyzes the fee structure according to activity and the cost of running the program. They have the option
to set these fees every February. The result is a 35 percent increase in fees across the State.
Councilman Frisch said this is not Com Dev asking for an increase. Ms. Garrow replied it is a state
requirement and we are here as quickly as we could be after we were notified.
Councilwoman Mullins asked what is the reasoning. Mr. Kanipe said there is analysis based on volume,
activity of inspections and revenues generated through permits issues. The expensed generated against
that resulted in the increase.
Councilman Myrin asked is every jurisdiction in the state going through this. Ms. Garrow said home rule
jurisdictions need to adopt this in this manner. Mr. Barwick said we could state in the fee ordinance that
the fee will be what the State mandates and each time it changes it will be changed. Councilwoman
Mullins said there is something to bringing it forward so the public knows about it.
Councilman Myrin said that would be my preference. Automating it would be good.
Councilman Frisch moved to read Ordinance #5, Series of 2017; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 5
(SERIES OF 2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST CERTAIN MUNICIPAL FEES
INCLUDED UNDER SECTION 2 OF THE MUNICIPAL CODE.
Councilwoman Mullins moved to adopt Ordinance #5, Series of 2017 on first reading; seconded by
Councilman Frisch. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Daily, yes; Mullins, yes;
Mayor Skadron, yes. Motion carried.
RESOLUTION #25, SERIES OF 2017 – Appeal of Lodge Key Definition
Ms. Garrow stated this is an appeal of a determination rendered related to the definition of lodge unit and
key. They are allowed to have multiple bedrooms that have multiple divisions. To be a key both a
bedroom and bathroom needed to be included in the division. There is no reason to create a unit without
an in room bath other than to take advantage of incentives.
The basis of the determination is the definition of hotel and lodge and precedent of other communities.
Examples of interpreting code
Lift one lodge
4 individual units. Individual keys can be rented as 4 units or 15 depending on who needs lodging. Each
of the rentable keys have a bathroom as well as bedroom.
Hotel Jerome
Regular Meeting Aspen City Council February 27, 2017
5
Maximum number of keys if 4 and each has a bathroom. One portion has a bedroom with a bathroom
with a pull out couch.
There are three standards of review
1- Denial of due process – procedural irregularity
2- Abuse of discretion – arbitrary use of authority
3- Excess of jurisdiction – decision is not within authority
Staff does not feel any of these standards were met. I relied on facts presented and definitions within the
land use code. I used discretion. There is not specific language in the code that calls out bathroom. The
land use code cannot predict every scenario. I disagree this was an abuse of discretion. It is typical to go
to outside sources. We have used the dictionary to define what a porch is. We went to textbooks to
define lodge key. It is within my jurisdiction to define this. I recommend council uphold the decision a
lodge key must contain a bedroom and a bathroom.
Applicant
Chris Bendon, Sara Adams and Mark Hunt
Mr. Bendon said yes, this is awkward. Mark has a project and the result of this does not affect the ability
of the project to go through successfully. There are three reasons why we are appealing this. The basis is
restrained. It did not rely on the text of the land use code. The interpretation focused on lock off units.
We understand the city’s position on hostel type units.
We asked for a request for interpretation for bathroom requirement for a lodge key. We received an
interpretation that a lock off unit must contain an in-unit bath if it is to qualify as a distinct key. We
responded to staff that the question wasn’t about lock offs but hostel type lodge units. The reply was to
appeal or submit a new request. During the moratorium to amended the code and change the definition of
a lodge key. It still doesn’t get to what must be in a lodge unit.
We still feel that the answer is bizarre based on internet blogs, strained, made up and not based on
Aspen’s code. The original question was is a lodge with a shared bathroom facility allowed in Aspen.
Mr. Hunt said to look at this more from a citizen comment than an appeal. The code as it is rewritten
could be a wasted opportunity. Hostels are all over the place and super cool. This may be an opportunity
that we are slamming the door on.
Mayor Skadron said he was in Berlin in October and stayed at a cool hostel and they are fantastic.
Ms. Garrow said Chris’s presentation said they did not rely on the definition of hotel. That is incorrect.
Councilman Frisch said you are here as Crystal Palace Hotel Group. I think for any non-hostel lodging it
is crazy to not have any bathroom as part of lodging. I think we should have the flexibility to add a
shared bathroom. My interpretation of this is if it is as part of a hotel I agree with Jessica. If you are
asking on a larger question should it be allowed it doesn’t say a hotel must have four walls but it is
assumed.
Mr. True said statutory interpretation is much broader than what their attorney has represented. You must
look at the statute and the normal definition of words used. If they have technical meanings, you can look
at technical meanings. That is what the court says. You do not create absurd results. In this case for a
lodge we think that a lodge unit without a bathroom is not a lodge unit. It is totally different than the
concept of a hostel. We have dormitory definitions in the code that allows for shared facilities and that is
different. But the lodge key, unit, lock off as they described it in their application is not a misapplication
of the law and within her exercise of jurisdiction and there is no evidence of misuse of discretion or denial
of due process. Adam is exactly right in code and interpretation of code. Not every word is used but you
interpret the statute as a whole. The references to the internet and the attempt to disqualify references to it
is not supported by the law.
Regular Meeting Aspen City Council February 27, 2017
6
Councilman Frisch asked if Ms. Garrow would be supportive to adding that a bathroom needs to be part
of a key it should be added and that would not stop a dormitory style hostel from coming. Ms. Garrow
replied correct.
Councilman Frisch said he support staff’s decision
Councilman Myrin stated he also support staff.
Councilwoman Mullins said she agrees with Bert and Adam. From what has been presented she does not
see there were any problems. She does see the point we should be allowing the hostel and it is covered by
the dormitory. Ms. Garrow said she is happy to have additional discussion about that.
Mr. True said not an add to this determination but a separate issue.
Councilman Daily said he reviewed this a few times. He thinks staff interpretation is fair and reasonable.
On the issue of the hostel and do we want to support that, I would like to. It would be a marvelous
additional use in our town.
Mayor Skadron said the code intent is it needs a bath and staff did not abuse discretion.
Councilman Myrin moved to adopt Resolution #25, Series of 2017 affirming the interpretation; seconded
by Councilman Frisch. All in favor, motion carried.
ORDINANCE #3, SERIES OF 2017 – Certificates of Participation Financing for the Constriction of the
Aspen Police Department Building
Don Taylor, finance, stated this will approve the issuance of COPs for financing of the APD. The
principal amount is 19.5 million. It is a lease purchase that is syndicated through investors. The
ordinance outlines the parameters that specifies the terms in which the certificates can be issued. There is
some margin in which we can expect the deal to be done. There is some flexibility to complete the
financing. It is not to exceed 20.1 million dollars and not to exceed 30 years. The annual lease amount is
not to exceed 1.325 million dollars. Total repayment costs shall not exceed 40 million and 5.5% interest
rate. We expect the net interest cost to be right around 4 percent.
Councilman Myrin asked if it still has a natural gas pipeline for heating. Jack Wheeler, asset, replied yes,
currently it is designed to LEED standards including high efficiency gas boilers.
Councilman Frisch said he supports this going forward and appreciates the note of future financing plans.
When do the bonds go out. Mr. Taylor replied March 27th.
Mayor Skadron opened the public comment.
1. Toni Kronberg said she is thrilled we are moving forward on the police station. Why would we
not set this for an election for a bond. How does the Tabor law effect something like this.
Mayor Skadron said it is our fiscal sustainability and debt management control that help Aspen maintain
the highest rating on its bonds. The County is using COPs on its county building. Denver uses COPS
and is 25 to 35% of their outstanding debt. He does not want her to suggest that we are doing anything
underhanded.
Mayor Skadron closed the public comment.
Councilman Myrin said he will vote no. He supports the police station and it is a great idea. The piece
that is wrong is to pipe in carbon monoxide emitting gas. For us to fund a building that is piping in gas is
a no issue for me. If we can’t figure out how to build this building without that.
Regular Meeting Aspen City Council February 27, 2017
7
Mayor Skadron said we are having a work session on that next Tuesday. Council direction was LEED
gold. The current design is that as well as being a great user experience for those that need to be in the
building. It is a 24 hour 7 day a week building.
Councilman Myrin said he does not think they are mutually exclusive. There are buildings that are 24-7
that are hooked up to the electric grid. To build a building for the next 50 years to support fossil fuels, I
won’t go there.
Mayor Skadron said it is too narrow a perspective to say this one building footprint limits the return on
investment.
Councilman Myrin said it is absurd to say it will cost millions to disconnect.
Councilwoman Mullins said we are voting on making decisions on the financing. Next week is the
discussion on the components. NREL is a reputable group to be working on it. The vote tonight is on the
financing.
Councilman Myrin said the process has not been correct.
Councilman Daily said Bert makes a point. I care about this too. I too would like to balance our choices.
Councilman Frisch said for this building as well as the main city hall buildings I would like to hear the
costs.
Councilman Frisch moved to adopt Ordinance #3, Series of 2017; seconded by Councilwoman Mullins.
Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, no, Daily, yes; Mayor Skadron, yes.
Motion carried.
RESOLUTION #24, SERIES OF 2017 – Policy Resolution – Double Basement Code Amendment
Justin Barker, community development, stated this is a code amendment initiated by Bowden Properties
related to the double basement code provision. It applies to single family and duplex structures with
basements no more than one floor level no more than 15 feet deep. Steps are allowed. In 2015 we were
seeing extra deep excavations. We implemented maximum limitations as to how far excavations can
occur. In has now been in practice for two years. It is mostly straight forward. No more than one level
below finish grade. Prior to adoption in steep sloped sights kicks in double basement provision.
Currently, you need to trench around the building to keep the second floor level above finish grade. We
are proposing a maximum depth of 15 feet, stepped floor and crawl space exemption but remove number
of floors below finish grade. Most responses are supportive. P&Z discussed this and they are supportive.
Staff feels it is a win scenario. It helps reduce unnecessary excavation. There are potential internal
impacts where it may compress floor to floor heights and reduce affordable housing mitigation. Staff
feels these are pretty minimal.
Staff recommends approval of the policy resolution.
We originally scheduled first and second readings for March 6th but the Charter does not allow for that.
Chris Bendon, representing the applicant said trenching is impactful to the timeframe of the project and
environmentally impactful. We tried to keep the proposed language as true to the original intent. We
would like to stay on a timeframe to have this heard on March 6th.
Councilwoman Mullins asked is the affordable housing less because more structure is below grade. Mr.
Barker replied potentially yes.
Councilman Myrin said floor area will be maxed out regardless. Does this allow more that doesn’t count
towards that. Mr. Barker said only if they take the main level and sink it further. Not a likely scenario
since people don’t want the main area underground.
Regular Meeting Aspen City Council February 27, 2017
8
Councilman Daily said it is a sensible fix.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Ms. Garrow said the drafted ordinance has not reviewed by her.
Councilman Myrin said there are not a lot of moving parts. At first reading things aren’t always perfect.
He would support first reading tonight if not an objection by staff.
Councilwoman Mullins moved to adopt Resolution #24, Series of 2017; seconded by Councilman Daily.
All in favor, motion carried.
ORDINANCE #8, SERIES OF 2017 – Double Basement Code Amendment
Councilman Myrin lives with 300 feet of the proposed city office building, Ordinance #4 and heard
Ordinance #1 while a member of P&Z and is recused on those items. He has left the meeting for the
night.
Ms. Garrow said this is an amendment to the entire section to how to calculate subgrade. The only
change is how to calculate subgrade. She asked Council to adopt this on first reading and schedule the
public hearing for March 6. Staff will provide more dimensional analysis at second reading.
Councilwoman Mullins moved to read Ordinance #8, Series of 2017; seconded by Councilman Daily. All
in favor, motion carried.
ORDINANCE NO. 8
(SERIES OF 2017)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE CITY’S
LAND USE CODE SECTIONS 26.575.020.D.8 REGARDING SUBGRADE AREAS OF SINGLE-
FAMILY AND DUPLEX BUILDINGS.
Councilman Frisch moved to adopt Ordinance #8, Series of 2017 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Daily, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #4, SERIES OF 2017 – 427 Rio Grande Place (Aspen City Offices)- Major Public
Project Review
Mr. Barker described the current conditions as three lots. Lot 4 has the Rio Grande building, Lot 3
contains the plaza, parking garage and Library. Lot 1 contains the park, sanctuary, recycle center and
surface parking lots. The proposal is to combine lots 2 and 4 and a portion of lot 1. Demo the existing
office space and construct a new office building with a subgrade connection as well as redo the plaza
landscaping. This is being reviewed under the public project criteria. Subdivision, combined project and
detailed review, commercial and growth management reviews. It is a two step process with P&Z and
City Council review. The normal process would have a third P&Z review. The plan is to subdivide the
larger lot 1 and merge with a smaller portion with the other lots. They are also proposing to include a
view corridor roughly 70 feet wide. The PD overlay establish the dimensions. There is also the Mill
Street curb cut. The complete street plan does not include the curb cut. We need council direction if the
curb cut can be maintained.
For materials, staff feels they are dark and muted and should be lightened up. We proposed for the
applicant to bring options.
Regular Meeting Aspen City Council February 27, 2017
9
On growth management, the allotments required for essential public facility. There need to be allotments
for 41,204 sq ft. P&Z determined 86 employees are generated. A 60 percent rate equals 51.6 FTEs
through existing housing. There is available credit to cover for this project.
Decisions for council
Subdivision
Lot combination and view corridor
PD
Dimensions
Mill St curb cut
Overall design
Mass scale height
Landscape- lighting
Growth management allotments
Mitigation
Staff recommendations is approval subject to conditions and council input on materials.
Charles Cunniffe
Leslie Lamont
Darla Calloway
Rich Paveck
Ms. Callaway said we want to open view corridors for the Mill St apartments and library meeting room
neighbors. Outdoor meeting space area. Maximize edge conditions the entire way around the building.
Mr. True said we received a call from the attorney at Community Bank about the easement. All decision
making people are in Denver. He suspects they will continue to make an objection.
Mr. Paveck reviewed the floor plans and elevations.
For materials, it is a channel glass at the entry to the building and stone veneer. Metal panel siding.
He showed images of a lighter material option.
Councilman Frisch said overall it is a nice looking building. Big but necessary. Grey is very good
looking. He appreciates the darkness concern from staff but doesn’t like the tan. He likes what was
proposed, understands bringing in more mountain materials, rustic and steel. The glass silo is very
attractive. How does it match up with the dark sky initiative. He is concerned that the common space is
used a lot. Is there an industry standard.
Mayor Skadron said it is really wonderful. Once we get over the angst of development this will deliver
something really wonderful. Generally, I want the building to reflect the aspirations of today’s Aspen. It
should reflect the importance of local government to its citizens. Scream welcoming and laid back.
Internally and externally to embody the best in environmentalism and work space design that inspires
staff and the quality of work that makes our town fantastic that honors and respects our workspace.
Respects our past and honors our present. The lengthy façade that is north facing on the 2nd tier misses
that. Warmer more inviting tone. Community center that generates pride for our citizens.
Councilman Daily has concerns about the unbroken façade and no pull to it.
Mayor Skadron opened the public comment.
1. Toni Kronberg has concerns with the curb cut. Toni questioned how the land was originally
purchased. Mr. True said all her assentation’s are false. She requested story poles, site visit and
a legal opinion.
2. Marcia Goshorn asked for Council to commit the conquistador go back in to the park.
3. Junee Kirk asked about trees on the Rio Grande level as well as below. What happens to below.
Regular Meeting Aspen City Council February 27, 2017
10
4. Mick Ireland said it is appropriate to not go down the path to spend more money to hide the fact
you have a lot of employees. You need to house the workforce in a dignified efficient manner. A
happy workforce is a productive one. You have a good one and ought to cherish it and give them
the tools and space to do it.
Mr. Barker received three emails that he entered into the record.
Mayor Skadron closed the public comment.
Councilwoman Mullins said for the subdivision with the view corridor, she would support that. For the
PD with the curb cut, she would prefer to implement with the Mill Street plan if it was a one way entry.
Right turn only would help pedestrians. On the 10 percent increase, she can’t support the increase. In
terms of growth management, she assumes the allotments are available. 60 percent is fine. To Toni’s
comments, there are plenty of allotments left to satisfy the mitigation. Commercial design guidelines,
take a look at river approach. Open space, responding to natural environment, don’t see it in the first
level, facing the Rio Grande. She does not think the Rio Grande façade is welcoming enough. In terms
of connecting and relating to the park she would want the landscape to be a strong edge to the park. On
materials, she agrees with staff, particularly on the north side that a warmer choice would be better.
Mayor Skadron said on the 10 percent, originally you supported the one roof which was bigger.
Councilwoman Mullins said she still voted against the split up. It was 32,000, now it has grown to
41,000. She would support council decision, when the building was 32. She hesitates to why we just
didn’t end up with the one roof solution since we are just 10,000 away from it now.
Mr. Wheeler said the programming of the Rio Grande room added square feet. Tasters is staying and we
did not count on that. 5 to 10 percent creep due to inefficiencies. We have a table that shows exactly
where the square feet are.
Councilman Frisch said he supports the lot combination and view corridor. He is concerned with the 10
percent increase. If you need it ask for it. He is concerned with non-office space. He wants to make sure
it is truly needed. For the Mill St. curb cut – try the one way entry now and if it does not work we can
add the fire truck access only point. He loves the grey materials. The mitigation is fine and supports the
60 percent. Overall great work. He appreciates the second floor façade needs a little work.
Councilman Daily said he agrees with Adam’s comments. One way curb cut with right turn only is most
workable. For the 10 percent, if we can stay under it lets. Along with Ann, I supported the one roof
solution. He would like to see some more design on the second floor. He supports the warmer colors.
Mayor Skadron said he supports the view corridor and combined lots. On the curb cut – safety first,
inside the parking lot and cars, pedestrians and cyclists on Mill St. He could see getting rid of it. He
leans towards getting rid of it. Focus inside the parking lot to make sure it is functional. On dimensions –
Adam made a compelling point that it leads to another ask. He is desirous of a building that satisfy the
objectives I laid out earlier. If the space is necessary to deliver the towns aspirations I’m open to those
discussions. He is ok with the mitigation. The wow factor is the ability to satisfy through appropriate
mass and scale and staffs ability to do their job. He is not looking for a grandiose entry way with a grand
stair way.
Councilman Frisch moved to continue to March 6, 2017; seconded by Councilwoman Mullins. All in
favor, motion carried.
ORDINANCE #1, SERIES OF 2017 – 110 W. Main St. (Hotel Aspen), Planned Development – Other
Amendment and Vested Rights Extension
Jennifer Phelan, community development, told the Council the request is to amend certain dimensions,
establish certificate of affordable housing credit and extending vesting. She received a letter that has been
added as exhibit N. Posting has been provided. Hotel Aspen, 110 W Main was approved for
Regular Meeting Aspen City Council February 27, 2017
11
redevelopment in 2014 to demolish most of the lodge. It was to be replaced with 54 lodge units, three on
site affordable housing units and three free market units. The request for amendment was reviewed by
HPC with the recommendation to approve the site plan and dimensional changes. Since 2014 additional
design was undertaken resulting in some of the requests including site planning, affordable housing
credits and vested rights.
Site planning requires a site specific approval. There is an alternate design to the pool area. They are also
requesting a modified basement footprint and modifications to the trash area and enclosure of exterior
circulation. The final ask is an increase in height. The new lodge will have the existing characteristics of
the existing Hotel Aspen. The 2013 ordinance approved a height of 28 feet and the ask is for 32. The
additional height is allowed under the code they are vested under. It is to allow for a higher head height.
Staff recommends approval of the modified basement foot print, modified trash enclosure, modified pool
design, weatherproofing of the circulation, and an increase in the height. The additional head height will
allow for more livable rooms.
The second ask is for a certificate of affordable housing credit. They are approved for three affordable
housing units on site. As part of the approvals P&Z approved the creation but to issue the credit the
ordinance would need to be modified to allow for establishment. Three units and two are required for
mitigation. The studio is not required for mitigation and the applicant is asking that it be established for
credit as a rental unit. Today we have a,requirement that if it is a mixed use building it be a for sale unit.
APCHA does not support the request. Staff suggest it be a for sale unit also.
The final request is extension of vested rights. It was approved in 2014 and the vesting expires in July
2017. The request is an extension for three years. Staff recommends the extension be for one year. It
should be enough time to submit a complete building permit.
Stan Clauson, Kim Weil, Aaron and Michael Brown
Questions from 1st reading – why are 3 years being requested for vesting. High cost of work related to
preparing and submitting a building permit require it.
Increase in height request. For portion of lodge building only.
Overview of project. Most important is the height, affordable housing credit and extension of vested
rights.
They showed the landscape plan with modified pool design. Showed rendering of the proposed lodge.
Showed requested increase in height.
Mr. Weil said the actual height increase is spread out evenly between all three floors of the hotel. It does
not alter the use of the lodge or increase the approved floor area.
For the enclosure of the corridors. For the most part they were included in the original floor area
calculations. The proposal is to put glass behind the screens.
The revised pool configuration. The reduction in the pool footprint provides more outdoor seating.
The modified trash enclosure we removed the patio of one of the affordable housing units for the trash
enclosure.
Creation of affordable housing credit. The project provides 4.75 FTEs of Category 2. 3.3 FTE of
Category 4 are required for the additional lodge rooms and new free market component.
APCHA acknowledges the requirement. When you provide more affordable housing than what is
required credits may be the question of whether it is required to be for sale or rental, APCHA was
informed they were rental for lodge employees. APCHA wanted to make sure they put qualified
employees in those units. The for sale issue never came up at APCHA and we don’t believe that it should
come up here.
Vested rights extension. The applicant has complied with all provisions. Revisions were made to the
project. The efforts and expenditures made by the applicant and the city stands to receive a much more
viable and comfortable affordable lodging project.
Regular Meeting Aspen City Council February 27, 2017
12
This is a very complex project.
Aaron Brown went through the timeline of why it will take 36 months of additional vesting.
Mayor Skadron opened the public comment.
1. Junee Kirk said the average height on Main St is 17 feet. Council just passed an ordinance with a
height limit of 28 feet. She said they went from 32 rooms in the original approval and now they
are demoing the entire thing and building 54. She said there is no onsite affordable housing. The
2014 deal was preserve the front and keep 28 feet and get the three-free market in the back. She
is asking council to follow the code and protect Main Street.
Mr. Clauson said there is onsite affordable housing being provided. The number of rooms are not
changing from the original approval. The façade was not deemed to be historic.
2. Toni Kronberg thanked the developers for making this a better project. The additional height is
not an issue. It is well done. We have a shortage of rental affordable housing. On the extension
of the vesting she supports the request.
Mayor Skadron closed the public comment.
Mayor Skadron said he supports the basement footprint and enclosing the corridors. Asking for the
height to help make the rooms work is a policy issue with the concept of bait and switch. We worked in
good faith on the application. You get the application and collect your end of the barging, return to
council and can’t deliver what was promised. We’ll keep the benefits though. It has to do with the merits
of negotiation. I’m having difficulty in allowing the height increase. We negotiated in good faith and are
getting less than we hoped for. Totally sensitive for what you said about an obsolete product.
Councilman Daily said he understands the application and request for additional height. One of the
reasons he is willing to consider it is it is not increasing the FAR. You are not asking for more
marketable product. Trust more strongly the rational the need is more viable. The balance is a fair one.
There are mutual benefits here. Somewhat comfortable with the overall character of the request. He
supports the basic project. He is not that comfortable with the credit and not sure it is appropriate. For
the vested rights extension, another three years is six total. Not many people get that. He would lean
towards two.
Councilman Frisch said at what point does coming back kick off a new application. Ms. Phelan said there
are two issues; a code change after this application was submitted, if the scope is a major change you are
under the code at the time of request. Anything going forward even if the vesting is extended staff may
deem it is a major change and staff may say it is under the new code. Councilman Frisch said you
willingly took a project you were never going to build, put it aside, and now have a project you don’t
want to build. Financing has only gotten better, not sure what has kicked you off now. That’s the big
picture.
Aaron Brown said we didn’t just took the approval thinking we would amend it. We don’t know what the
final ceiling heights would be. It was only when we did it with the pre construction process and priced it
with the Molly that we realized we would end up with a floor to ceiling that was unacceptable that we
submitted an application to amend the height.
Councilman Frisch said he is fine with two years. Not sure if five minutes is enough to think about this.
Aaron Brown said we know way more now than we did three years ago. We could be comfortable with a
24 month extension, 32 feet and giving up the credit.
Mayor Skadron asked why is the height a necessity. At the time of the original approval the code allowed
what height. Aaron Brown replied 32. To stretch each of the floors from 7’10 to 8’6. 51 feet off the curb
where the height is 32 feet.
Regular Meeting Aspen City Council February 27, 2017
13
Ms. Phelan suggested recommendations on language – strike word establishment and replace with denial.
Section 3 struck. Section 4 – modify vesting from 3 years to 24 months.
Edits on p 790.
Councilman Frisch moved to adopt Ordinance #1, Series of 2017 with amendments; seconded by
Councilman Daily. Roll call vote. Councilmembers Daily yes; Frisch, yes; Mayor Skadron, yes. Motion
carried.
Councilman Frisch moved to adjourn at 12:40 a.m.; seconded by Councilman Daily. All in favor, motion
carried.
Linda Manning
City Clerk