Loading...
HomeMy WebLinkAboutminutes.council.20050808ReRular MeetinR Aspen City Council AuRust 8, 200.~ CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 2 · Resolution #56, 2005 - Contract Animal Shelter Landscaping ............................. 3 · Resolution #57, 2005 - Contract for Stormwater Grant ......................................... 3 · Resolution #58, 2005 - Scheduling Special Election ............................................. 3 · Resolution #59, 2005 - Contract for Stormwater Rate Study ................................ 3 · Resolution #60, 2005 - Contract to Purchase Large Format Scanner .................... 3 · Resolution #61,2005 - Police Vehicle Equipment ................................................. 3 · Minutes - July 25, 2005 .......................................................................................... 3 REQUEST FOR FUNDS - Growing Years Child Care ..................................................... 3 FIRST READING OF ORDINANCES .............................................................................. 3 · Ordinance #35, 2005 - 306 S. Garmisch Subdivision ............................................ 3 · Ordinance #36, 2005 - 430 West Main Historic Lot Split ..................................... 3 ORDINANCE #32, SERIES OF 2005 - Chart House Final PUD ..................................... 4 RESOLUTION #50, SERIES OF 2005 - Limelite Lodge Conceptual PUD ..................... 8 Regular Meeting Aspen City Council August 8~ 2005 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, Johnson and DeVilbiss present. CITIZEN COMMENTS 1. Toni Kronberg said the community needs to come up with solutions for the transportation problems. Ms. Kronberg said the highway into town will have to be expanded and the EIS will have to be re-opened. Council is working on a ballot question for November, and there should be a transportation question on that ballot. 2. Les Holst reminded Council there was a group in Aspen years ago called Feet First. Holst stated the city cannot continue studying and studying the same issues. Holst suggested Council look at the work done by Feet First and also get them back together. Mayor Klanderud requested staff get copies of the Feet First report to Council. COUNCILMEMBER COMMENTS 1. Councilman Johnson asked when the valet parking experiment is over. Randy Ready, assistant city manager, said it is over Labor Day. 2. Councilwoman Richards said last weekend she spent time with two groups, Friends of Reason and Grand Valley Peace and Justice, who were conducting educational seminars on the western slope, looking at sites where underground bombs had been exploded. Them used to be a 3-mile buffer from the uranium bomb explosion and population centers, now there is only ½ mile. These groups are bringing up concerns about water and air and lack of buffer from these uranium sites. 3. Mayor Klandernd told Council she attended the ACRA Board meeting and the CEO of Aspen Valley Hospital, David Ressler, is now a ACRA board member. Mayor Klanderud said that is positive since the hospital is a major employer and a major service provider in the valley. CONSENT CALENDAR Councilman DeVilbiss noted the memorandum regarding Growing Years Child Care fund request, there was no summary of what Growing Years is. Councilman DeVilbiss requested a paragraph in future memoranda explaining what certain groups are. Councilman Johnson requested the Growing Years funding request be pulled off the consent calendar. Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is: 2 Regular Meeting Aspen City Council August 8~ 2005 · Resolution #56, 2005 - Contract Animal Shelter Landscaping · Resolution #57, 2005 - Contract for Stormwater Grant · Resolution #58, 2005 - Scheduling Special Election · Resolution #59, 2005 - Contract for Stormwater Rate Study · Resolution #60, 2005 - Contract to Pumhase Large Format Scanner · Resolution #61,2005 - Police Vehicle Equipment · Minutes - July 25, 2005 All in favor, motion carried. REQUEST FOR FUNDS - Growing Years Child Care Shirley Ritter, Kids' First Director, introduced Laura Mitchell, director, and Bruce Upton, board of directors, Growing Years, which is a toddler child care facility in Basalt. Growing Years is losing their space and has requested funding to help them relocate. Councilman Johnson asked what other funds they have sought and is Eagle County funding them. Ms. Mitchell said they have requested money from Eagle County but do not know how much money will be available. Upton told Council the Silvertree hotel in Snowmass is donating $5,000. All the families are helping in some way, money or sweat equity. Councilman Johnson asked about the sustainability of Growing Years. Ms. Ritter said Kids' First funds Growing Years in different ways. The Kids' First board has been assured that Growing Years has a good plan for future sustainability. Mayor Klanderud asked about funding from the Town of Basalt. Ms. Mitchell said the funding deadline for Basalt is September 9th; they will apply, however, Basalt has only $50,000 for all of the non-profits. Councilman DeVilbiss moved to approve the funding request up to $20,000; seconded by Councilwoman Richards. All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #35, 2005 - 306 S. Garmisch Subdivision · Ordinance #36, 2005 - 430 West Main Historic Lot Split Councilman Torre moved to mad Ordinances #35 and #36, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 35 (SERIES OF 2005) Regular Meeting Aspen City Council August 8~ 2005 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE HYMAN APARTMENTS CONDOMINIUMS SUBDIVISION AND CONDOMINIUMIZATION TO CONSTRUCT A MUTI- FAMILY BUILDING CONSISTING OF TWO FREE MARKET RESIDENTIAL UNITS AND TWO DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY KNOWN AS 306 S. GARMISCH STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ORDINANCE NO. 36 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilman DeVilbiss moved to adopt Ordinances #35, and #36, Series of 2005, on first reading; seconded by Councilwoman Richards. Councilwoman Richards noted for second reading on the 306 South Garmisch subdivision, she would like a better location map. Councilwoman Richards said on Ordinance #36, 430 West Main, she would like an outline of what review powers the HPC has on any future lots of this subdivision. Roll call vote; Councilmembers Torre, yes; Richards, yes; DeVilbiss, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. Councilman DeVilbiss moved to continue Ordinance #26, 2005 - Recycling Initiative; Ordinance #33, 2005 - 604 West Main Historic Lot Split and Resolution - Aspen Art Museum Temporary Use to August 22nd; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #32~ SERIES OF 2005 - Chart House Final PUD Councilman Johnson left the room as he had a conflict of interest. Joyce Allgaier, community development department, gave Council conditions that were discussed at the last meeting; that the side yard setback to the west is 15' with only a 5' access to the affordable units; that the agreement ties preservation of the major street trees and that they will be responsible for reinstallation of trees; the representations made about landscaping outside the building are included and there will be 2 parking spaces for the affordable units. Jim DeFrancia, applicant, stated this project went through conceptual review with 4 appearances at P&Z and 2 appearances before Council. Council gave conceptual approval in August 2004. The applicants went forward with the application for final Regular Meeting Aspen City Council August 8~ 2005 approval and in accordance with city ordinances the application for final PUD is to be submitted "in accordance with the Council resolution granting conceptual approval", which is what they did. The final application received unanimous approval from P&Z and a positive recommendation by staff. DeFrancia said throughout this process, they have been attentive to their neighbors, especially to Southpoint. The setback was increased from 5' to 15' and at the last meeting the applicants agreed to decrease the entry walk from 6'6" to 5' in width. The issue of mass and height were addressed in detail during conceptual review. This building is 46'6", the same as Dancing Bear to the north. The Mountain Chalet is 51 '; the St. Regis is 60+'. The Southpoint building is 41 '. DeFrancia noted the FAR of Dancing Bear is 2.9, Southpoint 2.2, Mountain Chalet 2.5 and the Chart House is 2.4. At the last meeting, Council expressed concern about the mass of the building, about internal amenities and about the lack of lodging density. DeFrancia pointed out there are 11 units with a total of 21 keys, which offers lodge choices of 1, 2, and 3 bedroom units. This is one key for every 571 square feet, very close to the city's new lodge incentive of 500 feet of lot area/key. DeFrancia noted there are no amenities on site; they intentionally do not have wine rooms, media rooms, and lounges. It is their intent that the guests use amenities in the community and contribute to the economy. There is no spa or athletic facilities. DeFrancia said the design of this building gives an appearance of being a more massive building than it is. DeFrancia noted they have made changes to enhance the overall design. The penthouse walls will be a lighter slate shingle facing. The materials help to variegate the facade. The beveled wall at Monarch and Durant has been extended to the second floor, which helps the views from the Aztec building. Balconies have been added; window boxes have been added. The northwest comer has been clipped, which helps the view from the Southpoint building. The balconies on the lower level of Dean avenue have been recessed and added stepping of the blocks. All these changes help to mitigate the bulk of the building. David Brown, amhitect for the applicant, showed the beveling proposed at Dean and Monarch and to the second floor. Brown showed how the penthouse appears more recessed with the change in materials. The building has been broken up so that it appears as smaller buildings. Brown showed the recessed balconies, the stepping back of the building. Brown pointed out the comer of Durant and Monarch, a transitional comer, which will be the entrance to the public space, facing Wagner park and should be more important. Brown noted all comers of the building have been eroded in some fashion, and step down to the street. DeFrancia showed the Monarch view, beveled all the way down so it appears as a one-story building. Stan Clanson, representing the applicants, submitted a letter dated August 3 to Council outlining the changes to the building and the public benefits of the project. There will be 21 keys for lodge units. Them is a plan to provide lodging units will be rented to the public when owners are not in residence. This will generate sales tax and guests on site. 5 Regular Meeting Aspen Cit~ Council August 8~ 2005 Clauson pointed out the project is providing two affordable units; there is no housing mitigation required so these units are in excess of the housing requirement. The project will redevelop a comer that has become disused. This will complete a pedestrian link along Durant avenue. There will be a restaurant on site. The applicants will contribute $250,000 towards the Dean avenue redevelopment plan. Clauson noted they have tried to be responsive to Council and to neighbor comments. There is 20' between the building to the west to allow light and air into the Southpoint. They have added bevels to reduce the mass of the building. DeFrancia stated the application has been submitted in accordance with the conditions of the conceptual approval. Ms. Allgaier said the project is basically the same as presented two weeks ago with the cutting of the comers, reducing the apparent mass of the building. Ms. Allgaier reiterated staff feels the south side of Durant is an appropriate location for mass and for lodging rooms. Councilwoman Richards asked if Council has required that this remain open as a public restaurant or will it take a PUD amendment to change to other uses. Ms. Allgaier said the ordinance ties the applicant to application as submitted. It was a significant representation there would be a restaurant with public space. The approvals nm with the land; the PUD agreement runs with the land. Councilman Torre asked the heights of the adjacent properties. DeFrancia answered Southpoint is 41' and Aztec is 31 '. Mayor Klandemd opened the public heating. Ruth Kruger stated this applicant has been responsive to requests of P&Z and the neighbors over the last 2 years through conceptual, through GMQS, and through f'mal applications. Ms. Kruger stated she supports final approval for the project. Les Holst said Council is custodians and the public is entitled to be pan of tkis process. Holst said Council gives variances and in comparable towns no variances are given. Holst said this project is a box. Holst suggested two units be knocked off this project. Toni Kronberg said at the time Dancing Bear was approved, she expressed concem over the height of that building and that it would set a precedent. Ms. Kronberg said there have been other projects approved over the height limit. Ms. Kronberg said she is concerned about losing views of the mountain. Ms. Kronberg noted this project meets the criteria and the zoning set forth by the city. Ms. Kronberg said the building is nestled into the site; there is a community benefit of the restaurant. Ms. Kronberg stated she supports this project. Mayor Klandemd closed the public heating. Mayor Klandemd noted the city manager's recommendations about possible construction in this area and suggested conditions about traffic mitigation. Mayor Klandemd said she would like a construction traffic mitigation plan to be reviewed by Council. Mayor Klandemd said she would like included shuttle service for workers who do not need their vehicle at the construction site and that all construction vehicles pass emission tests. Mayor Klandemd said she would like to see all major construction sites work with the city to deal with traffic, noise and fumes so as not to overwhelm other citizens. 6 Regular Meeting Aspen City Council August 8, 2005 Councilman DeVilbiss asked what was the allowable height in this zone district when the project began. Lindt said it was and still is 28'. Mayor Klandemd said in Council discussions about lodging, it was determined that this area along the base of the mountain was the most appropriate for lodges as well as for higher buildings. This is a PUD application, which would allow Council to give dimensional variances. Councilman DeVilbiss asked about street obstructions during construction. Ms. Allgaier said the engineering department oversees temporary encroachments. These are done on a case-by- case basis to minimize impacts. Steve Barwick, city manager, stated his concern is that there are 4 major construction projects in this area that could all be going at once. Either the developers or the city need to come up with a plan to curtail the amount of construction that can take place in one year or make sure the construction is coordinated. DeFrancia said the applicants are willing to commit to coordination, especially with the Dancing Bear, to make sure the construction activity is harmonized and to submit to the city a detailed construction management plan, incorporating traffic mitigation to minimize impacts. Councilwoman Richards asked about an agreement that the restaurant be open 8 months a year. DeFrancia said they have no problem with a clause about the restaurant being open to the public a certain number of months a year. Mayor Klandemd said she is concerned about Council making business decisions that in the future may not be a help to anyone. Councilwoman Richards said Council has given variances in mass and height and she would like to assure that the public benefits at that comer remain. The restaurant was a major consideration for this building. Ms. Allgaier presented a condition, "the restaurant within the Chart House Lodge project shall remain open to the general public. Conversion of the restaurant to a private facility shall require a substantial PUD amendment". Councilwoman Richards said she would like to see some reference to keeping the restaurant open in the deeds to the timeshare owners. DeFrancia stated they have no problem with a condition requiring the restaurant remain open 8 months/year. Chris Bendon, community development department, said the condition regarding the restaurant should be both in the homeowners' documents as well as in the ordinance. Councilwoman Richards moved to adopt Ordinance #32, Series of 2005, with all verbal representations made by the applicants as conditions of approval, including the conditions relating to Sections 2, 8, 10 and 13 presented by Ms. Allgaier, as well as the language related to the operation of the restaurant, and Section 5 be amended to include another paragraph stating the applicant shall submit a construction and traffic mitigation plan acceptable to the city engineer that coordinates with other construction permit holders for construction and traffic mitigation, including the Dancing Bear, that there be clean burning trucks and shuttles provided for workers; seconded by Mayor Klandemd Barwick noted there should be adequate areas for recycling in any new projects even though Council has not adopted a new ordinance. DeFrancia stated they are willing to do this. Councilwoman Richards amended her motion to include a condition that this project has adequate recycling areas; seconded by Mayor Klanderud. 7 Regular Meeting Aspen City Council August 8, 2005 Councilman DeVilbiss said he is concerned about the precedent that may be set by this approval and about the cumulative effect of taller buildings in this area. Councilman DeVilbiss stated the code amendment to allow up to 42' for lodges was only adopted in May. Councilman DeVilbiss asked why the 42' limit was arrived at, and if this was a political decision or one supported by architecture and planning. Councilman DeVilbiss said he cannot support this project at 46'. Councilwoman Richards stated at conceptual she supported this to continue the process and stated she would not approve final if the mass and scale had not changed. Councilwoman Richards said she feels substantial buildings need substantial design features and there has been improvement in this building. Councilwoman Richards said this presentation shows a building with a unique design and unique character. Councilwoman Richards noted two single family homes could be built at this location and the issue is what can better serve the community, 2 single family houses or something to improve Aspen's lodging base. There is only so much land near the commercial core and the base of the mountain to build lodges. Councilwoman Richards pointed out the periphery heights are 31' to 36'; the edges of most of the building are not at the 42'. Councilwoman Richards stated she is comfortable with the PUD process, which allows for the higher heights in buildings like the Mountain Chalet and the Residences at Little Nell. Mayor Klanderud agreed there is an underlying goal and a value in the community to increase the number of beds for visitors, which has been decreasing over the past 10 years. Two single-family dwellings is not the type of development the city would prefer to see in this area. Councilman Torre complimented the applicants on the work done on the project. Councilman Torre said there are circumstances on this parcel and on this project that should not be given to two residences. Councilman Torre stated this lot does not set precedents for other lots; each lot has its own circumstances. Bendon told Council with the recent code amendments, one can no longer build a single family or duplex in the lodge zone. Mayor Klanderud noted when this project started at conceptual it was presented at 63', which she did not favor. The project has been cut back in height. Mayor Klanderud stated she prefers this to two single-family residences. Roll call vote; Councilmembers Torte, yes; DeVilbiss, no; Richards, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #50~ SERIES OF 200q - Limelite Lodge Conceptual PUD James Lindt, community development department, reminded Council this is a mixed residential/lodge project. At the last meeting Council expressed concerns about the height and massing, specifically on the east Hyman avenue side. The applicants have revised the proposal with different configurations for the fourth floor of the lodge building. Lindt said another concern was preservation of the Deep Powder Lodge buildings and Council wanted to see if there was an acceptable preservation scheme. Staff proposes a condition of approval where the city and the applicant would jointly 8 Regular Meeting Aspen City Council August 8~ 2005 study preservation alternatives of the historic cabins between conceptual and final submittal. Lindt noted the loss of street parking was a concern at the last meeting. The applicant figured out how many parking passes they have pumhased to provide street parking for guests. In 2004, they purchased 3500 parking passes. Staff agrees allowing guests to park underground would even out the loss in parking. Staff feels underground parking and the proposed bulb outs would enhance the pedestrian experience along Monarch street. Lindt said Council was concerned about the pementage of free market proposed for this development. The applicants propose 40% free market; the code allows for 25% free market by right. The applicants have stated there would have to be a reduction in lodge rooms if there was a reduction in the free market FAR. Staff does not want to see a reduction in the number of lodge rooms on site. Lindt stated staff supports the project and believes it provides traditional lodging of moderately sized lodge rooms to meet the goals of the AACP, to provide a diverse mix of lodge units. Chris Bendon, community development department, said this project is consistent with the Aspen Area Comprehensive Plan and is consistent with the economic sustainability report, which ideritified as the number one issue rejuvenation of the lodge bed base in town. This report was the result of an 18-month study by local citizens making recommendations to Council. Councilman DeVilbiss requested a copy of the economic sustainability report. Bendon said this application is consistent with the results of the infill discussions. Bendon said Council was most aggressive in supporting rejuvenation of Aspen's bed base. Dale Paas,. applicant, said they believe they have a good project and that they have the support of the business community, the non-profits, the School District and the Skiing Company. Paas said the intentions are to save the Limelite Lodge, which is a family business, and the Snowflake and Deep Powder lodges. The proposal is to move all the lodging rooms to the north side of Cooper avenue and to retain family ownership of the lodging facilities. Paas said they have always planned on selling off the free market portion of the project to support the traditional lodge rooms. Paas said to these ends, they have assembled a great team. Steve Szymanski, representing the applicants, told Council the applicants purchased the Snowflake in January before they made any application to the city. Szymanski said developers were looking at the property for a fractional high-end project. The applicants viewed buying the Snowflake as saving 38 moderate price lodge rooms as a short-term solution. Szymanski said the condominiums are the financial engine to make this project bankable so the hotel can be financed. Szymanski said the applicants made a decision to make this simple; they do not want to market fractional fee ownership units. They will sell the 17 condominium units with the agreement that these units can be managed and rented through the hotel. 9 Regular Meetin~ Aspen City Council August 8, 2005 Szymanski stated this application reflects the new lodge zone regulations. This proposal and those modifications still meet the 500/500 qualifiers in the lodge zone regulations. The lodge will be under 500 square feet/lodge unit and slight over 500 square feet/lot area. The code amendment allows up to 550 within either a variance or the PUD process. Szymanski said the new regulations are not tested. Szymanski said when he worked with staff on developing code amendments, he felt 42' would be a problem. Szymanski said this project is testing the new regulations. Szymanski said 42' works except for the topography of this site and the slope away from Aspen mountain. Szymanski noted the underlying goal is stimulating and rebuilding the tourist bed base. Szymanski said the applicants recognize the city's goal of historic preservation and stated they will work with staff between now and final submission to identify a solution. Szylnanski reiterated this project has certain goals that all fit together; the project cannot be all things to all people. Szymanski said the Paas family has land but not cash and financial strength beyond land was necessary from the beginning of this process. A partner with financial strength had to be found. There is a partner with the Paas family on the condominium project. Szymanski said the Paas family will own the lodge when completed; the condominiums are a financial vehicle to get the project complete. John Cottle, architect with CCY, said the issues the team heard at the last Conncil meeting were height of the building, mass/character and setback, and the historic cabins. Cottle showed 3 options; the original with 128 lodge units, one with 123 units and one with 120 units. Cottle showed how the 123-unit plan pulls the building back on the 4th floor and get some mass off Hyman Avenue. There is an option that eliminates all rooms on the Hyman avenue side on the 4th floor. The setbacks in this option are 9' to 22'6" to 38'. Cottle showed the Monarch street elevation and the 42' height elevation; the site slopes down 1 '3", which makes the height 43'3" although the structure is still 42'. As one goes west on Hyman Avenue from 43'3", the grade drops and the height is now 45'6". Cottle agreed that height, mass and fitting into the community are a priority in design. There is also a directive from the community to balance that with moderately priced hotel rooms. Cottle said they plan on changing from a steel structure to a concrete structure to preserve 8'4" to 8'8" ceiling heights; however, this adds $800,000 to the project. Cottle said they are trying to balance community goals and the finances of their building. Cottle showed a top view of the building and pointed out where there are 4 stories, 3 stories and what the heights are in various comers of the building. There is always a smaller scale element in front of the 4th floor. The barrel vault is 48' and it is setback 57' from the property line. Cottle showed on the southern side, the building is setback 17' and is setback 18' on the western side. Cottle showed where the residential building is 3.5 and 3 stories and all less than 42'. The building is set back from 11' to 19' to 29' from the property line. Cottle showed the actual heights and the perceived heights on the surrounding streets. Cottle noted the lodge building in any of the options is very articulated in all cimumferences. Cottle 10 Regular Meeting Aspen Cit~ Council August 8~ 2005 pointed out the 4th story is recessed. Cottle said they have used other large brick buildings, like the Elks Lodge, Wheeler and Jerome, to define this comer. Cottle told Council the applicants would prefer to build 128 lodge rooms; the infrastructure and operating expenses are the same with 120, 123 or 128 rooms. Paas told Council these are all old buildings, with little insulation, that use up a lot of energy including 6 outdoors pools. Paas said the annual energy savings with a new development would be tremendous. Paas estimated they will save 1/3 to ½ the energy usage, which will be a community benefit. Councilwoman Richards asked how much open space there is on the residential portion. Schiller said the residential building covers 76% of the south parcel. Councilman Johnson asked if this proposal still meets the lodge incentives. Lindt said it pushes it over 1-unit/500 square feet of lot area. Lindt reminded Council they have the ability to give lodge incentives to a proposal that does not go beyond 550 square feet as an average lodge units size and the density of less than one unit/550 square feet of lot area. Schiller said the 3 schemes are (1) original is an average room size 469 and one unit/495 square feet of site area; (2) option 123 rooms is average room size 475 square feet and 1 unit/515 square foot of site area; (3) option 120 lodge rooms average room size 472 square feet and 1 lodge room/528 square feet of site area. Councilman Johnson asked if there are sufficient GMQS allotments for the free market portion of the project. Lindt said there are sufficient allotments. Mayor Klanderud opened the public hearing. Chris Bendon read comments from Stan Hajenga, Mountain Chalet, noting he worked with staff on the code amendments. Hajenga does not support the height on the residential portion. There is concern about the loss of 13 parking spaces. Hajenga said the 500/500 standard should be negotiable so this project will work. Steve Ketchum told Council he is with the Aspen School District as a teacher and coach. Ketchum supports this project as needed in the community. Ketchum said the School District has benefited from the Limelite for many years by housing guest speakers, teachers, coaches and athletes. The Limelite has donated or discounted rooms for community events for decades. Jay Maden said he likes the adjustments that have been made over the past two weeks. Maden said it is important that Aspen survives and thrives. Maden said he would prefer the smaller project to preserve the views as much as possible. Mick Ireland noted the extra square footage is in return for moderately priced lodge rooms. Ireland asked if there is a definition of moderately priced lodge rooms and what assurance is there that the benefit will be retained. Ireland said financial circumstances may force changes in the future. Ireland said the assertion that no additional employees will be generated has to be investigated and proven. Ireland said Council has to answer the questions what moderate means, what assurance the community has these will continue to be moderate, what the 11 Regular Meeting Aspen City Council August 8~ 2005 actual employee generation will be, and the validity of accepting financial documents without a chance to have Council evaluate these documents. Charlie Tarver said he is a neighbor to this project. Tarver reminded Council he sat on the AACP and the infill committees and took the time to go through these issues. The connuunity has decided the growth should take place in the city of Aspen. Tarver said it would be great not to have any growth but that is not reality. Towns are living organisms that need certain engines to keep going. The community has also decided they want moderately priced rooms. This property is an important location in this community. Ruth Kruger said P&Z addressed many of these issues. Lodges in Aspen have been disappearing, converted to time share or affordable housing projects. Ms. Kruger noted there are no other sites for a moderately project of this size. Toni Kronberg said the Paas family has been acting in the best interest of the community for years. There is a need for these type of lodge rooms. Ms. Kronberg suggested the applicant put up story poles so everyone can see the height and what this may do to the views of the mountains. Ms. Kronberg said the public has a right to the views they enjoy every single day. Ms. Kronberg asked if the city would be willing to buy out the 4th floor. Ms. Kronberg said the Limelite is a valuable asset to this community but all sides need to be weighed. Bill Kane stated this project represents an outstanding response to the decline of tourist accommodations in Aspen. Kane said a survey done in 1975 showed there were 13,000 beds in Aspen and in 2005 there are only 8,200 beds. This project is a reinvestment in tourism in the community. Kane said 4 stories juxtaposed against Wagner park creates a sense of permanence. Kane said it is critical to find a way to sustain hotel rooms in the community. Councilwoman Richards moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Johnson. All in favor, motion carried. Janet Roberts told Council she is a property owner directly impacted by this development. Ms. Roberts stated she is in favor of this project but her greatest concern is sunlight and light on Hyman Avenue in the winter. Ms. Roberts noted the ice build up on the north side of the street takes parking spaces away. Ms. Roberts said she likes the project with the lessened impact on Hyman avenue, not the original proposal. Bob Leatherman, 210 Cooper, said the concerns of his homeowners are the height of the units along the south side of Cooper as well as any financial arrangements that may result in the Paas family losing control of the lodge. Leatherman said as long as this is a single project under the PUD, the 42' height limit applies and they ask that that limit be adhered to. The homeowners support the development plan to locate the entrance to the underground parking off Hyman. Leatherman noted with all the prospective construction in this area, the request a method so that any persons who have problems or questions can directly contact the contractors or the businesses without going through an intermediary. Forest Woolery told Council he is the 4th generation in this family business. Woolery said he studied resort management in college and his entire generation has every intention 12 Reaular Meeting Aspen City Council August 8~ 2005 of remaining in Aspen. Woolery thanked Council and the community for participating in this process and the result will be a positive thing for the community, the city and for the Paas family. Les Holst said Aspen is not handling the people who live here. Tom McCabe stated he supports this project; community values have changed over time. McCabe said there has been no redevelopment of the downtown for years. The Council is trying to meld the resort and the community; everyone wants both to be successful. McCabe said this is the right place, the right time and the right people. JeffHalferty said he is a neighbor to this project, has some concerns about the project but there have been some great improvements outlined. Halferty said he favors economic benefits for small lodges. Halferty asked Council to keep in mind the residents and the community at large with the parking impacts and loss of views. Kris McKinnon, director of international marketing for the Ski Company, told Council she supports this project. Ms. McKinnon said the Ski Company is acutely ware of the limited inventory of moderate lodging, which is in high demand, for family groups, young professionals and for the international market. Ms. McKinnon noted the ski industry is still a market share game and the hotel rates are somewhat self governing. Ms. McKinnon said the diversity of the ski customers mirror the diversity of the community and in order to preserve the diversity of the customer, the diversity of the lodging base needs to be maintained. Lydia Marengello, Park Central West 210 East Hyman on the northwest side of the project, stated the homeowners support this project but are concerned about the height. The homeowners appreciate how the setbacks have been designed. Ms. Marengello stated they prefer the 3rd option (120 rooms). They are concerned about the sunlight on Hyman avenue. Ms. Marengello said they would like to know the landscape plan along Hyman Avenue. Steve Seyffert stated he is a former hotelier, sat on the infill committee and is a banker in town. Seyffert said there are allegations about the financial partner. Seyffert stated he has known Biehl for years. Seyffert said this is a viable project. Siefert noted what the facility is made of and the number and type of the amenities dictate affordable lodging. The Limelite is not proposing a spa or a restaurant or room service nor is there room for these amenities. Andrea Clark, 210 Cooper, said there are two properties and two entities. Jerry Biehl, who has been at every meeting, owns the south side of Cooper street. The Paas family has not outlined what interest they have in the south side of the project. If the Paas family does not own any of this project, then it is not part of the Limelite and there are two different projects. Ms. Clark said Council should have answers to the financial structure before going farther on this project.. Warren Klug, Aspen Square, agreed there is need for moderately priced housing in this community. Klug said the design of the building, the design of the property and the marketplace come together to assure moderately priced rooms. Klug stated Aspen not only needs moderately priced rooms, they need lodge rooms. There has not been a proposal in front of Council for lodge rooms in years. This development focuses on the development ora hotel and it works because of the association with the free market condominiums. Klug said this proposal is a great improvement and urged Council to support it. Rich Wagar told Council he has 13 Regular Meeting Aspen City Council August 8~ 2005 had business dealings with Jerry Biehl for over 30 years and can speak positively towards his business character. Mayor Klanderud closed the public hearing. Mayor Klandemd stated Council has the best interests of the community at heart and hopes to contribute to the community to make it the best it can be. Mayor Klanderud requested clarification about the two LLCs and whether this is still a PUD. Lindt answered both LLC are party to the applications and they have the ability to jointly apply for a PUD process. The free market component is proposed as part of the incentive lodge development, which was submitted as part of the code amendments in place. Mayor Klanderud said it is unfortunate that Jerry Biehl was not part of the applicants sitting at the table in front of Council. Mayor Klandemd noted when Council looks at projects, they take into consideration the land use code. The lack of representation by Biehl leads people to look at the application in a negative manner. Councilman DeVilbiss agreed. Mayor Klanderud reopened the public hearing for the purpose of entering letters into the record. Lindt entered letters into the record from Gene Vagneur Carol Clement Sage, Mick Ireland, James French, Peter Loring, Bob Jacobson, Yasmine dePagter and Melissa Sheunan. Mayor Klanderud closed the public heating. Councilman DeVilbiss moved to suspend the roles and extend the meeting to 11 p.m.; seconded by Councilman Torre. All in favor, motion carried. Dale Paas introduced Jerry Biehl, part of the financial ownership, and the Paas family stockholders in the operation. Paas reminded Council the family wants to end up with 100% control of the Limelite lodge. Councilman Johnson asked if the land use code says anything about ownership arrangements. Lindt noted that 26.304, common development procedures, requires initiation of an application be made by 50% of the owners of land subject to the application. Mayor Klandemd supports the suggestion to have a system for the residents to deal with the construction impacts. Mayor Klandemd asked the parking requirements. Lindt said the requirement is .5 space/lodge unit and 1 space/residential unit. The applicants are proposing .4 space/lodge unit and 2 spaces/residential unit. Schiller told Council they are committing to 50 spaces underneath the lodge and 34 underneath the residential portion. Mayor Klanderud noted studies show single family residences require higher level of staffing service; however, these residences are condominium units and will not require as much staffing. Schiller pointed out the average size of the lodgeunits are 388 square feet; these are not large luxurious units. 14 Regular Meeting Aspen City Council August 8~ 2005 Mayor Klanderud asked why the staff supports the 40% free market FAR. Lindt said staff research indicates there is a need for a financial driver in lodge redevelopment. The applicants have stated that they cannot provide the number of lodge rooms proposed without 40% free market. Lindt said staff would not like to see the number of lodge units reduced because this is a good opportunity to get a large number of moderate lodge units. Mayor Klanderud noted that during the code amendment discussions, it was determined that 25% free market FAR was reasonable. Lindt said staff feels that target of 25% can be met with some projects; however, the intent of the code amendment was not to hold every project to that percentage recognizing different properties have different needs. Szymanski said there are two financial drivers for this project besides construction and trying to attain moderate pricing. The other financial drivers are underground parking and buying the Snowflake. Both of these requirements made the need for 40% free market in order to support the project. Councilwoman Richards requested in the future that staff give Council background material on which they made code amendment recommendations. Councilman Johnson asked about any requirement Council be allowed to view the pro forma. John Womester, city attorney, stated there is no requirement in the code than an applicant provide a pro forma and the Council cannot demand a pro forma. If an applicant provides a pro forma and Council uses that to make a decision, it would be a public document. Councilman DeVilbiss said the pro forma was presented to staff and staff has made representations based on that pro forma. Councilman DeVilbiss stated if Council does not view the pro forma, they have farmed out part of the decision making. Bendon told Council when staff was discussing the infill code amendments and working with the lodge community, there was discussion about a portion of the project to be a financial driver. Bendon said various percentages were discussed. Staff relied on the lodge and development community who were part of the work sessions. Staff met with 3 different groups, one of whom was the Limelite, who showed staff their pro forma to illustrate they would need 40% free market to finance the development. The other 2 groups were not at the same level of specifics. Staff reviewed the pro forma to understand whether the need for 40% free market FAR was true. Staff concluded that 40% was necessary; however, staff did not feel that should be an across the board policy. The 25% number was agreed on for the code amendment. Bendon said the review of the pro forma was prior to the Limelite application being submitted. This project is being reviewed by the standards in the land use code. Bendon said in the process developing the lodge zone code amendment, staff relied on local lodge knowledge in their policy discussion. Councilwoman Richards said during the work session with the lodges, the Limelite stated that 25% free market would not work for them. At the code amendment discussions, Council accepted 25% free market as keeping the threshold as low as possible knowing that applicants would make their case for a higher free market percentage. Councilwoman Richards said Council needs to decide whether 40% is acceptable to get the product for the community. Councilwoman Richards stated the free market 15 Regular Meeting Aspen City Council August 8, 2005 component should comply with the height limits for the overall PUD. The free market building should be 42' and Councilwoman Richards said she does not like the 50' vault. Councilwoman Richards said she understood the staff recommended the free market portion of the project mitigate its affordable housing; any credit from demolition of the lodge should stay with the lodge operation. Councilwoman Richards said she would like the free market portion mitigate for affordable housing according to the city standards for residential development. Lindt noted there are code provisions that allow if there is a credit from lodge component that it be applied to the free market development. Staffwill make a recommendation on that at GMQS. Councilwoman Richards reiterated there should be an affordable housing mitigation that is commensurate with the free market housing mitigation standards. Councilwoman Richards requested the employee generation counts for a new lodge of this size as required by the code. Mayor Klandemd stated she would rather see the free market portion of this project be fractional fee ownership and not residential condominiums because there would be more usage. Mayor Klandemd said residential condominiums may sit empty 90% of the time. Dale Paas told Council the applicants looked at integrating the free market and the hotel components; however, a homeowners association who, then, would have a say in the operation of the lodge would own part of the project. Councilwoman Richards agreed that free market residential is the least beneficial to the commercial core; fractional fee units are better, and lodge units are of the most benefit to the commercial core. Councilwoman Richards said she would like to see exploration of fractional fee ownership of the free market units before final review. Dale Paas said the applicants felt that having 17 condominiums units occupied part of the time was a good enough trade off to save 128 lodge units. Councilman Johnson said if the lodge and the free market project are in the future not under one ownership, the Limelite employees will not longer be providing the efficiencies between the two projects. Mayor Klandemd pointed out that condition is covered in the PUD agreement. Worcester said before final review, there be a plan to describe how the applicants would make up the shortfall in affordable housing, if there is a shortfall. Councilman Torre stated he supports the Limelite Lodge and its redevelopment and the north side of the project. Councilman Torre stated he is not supportive of the residential component. Councilman Torre said the fact the highest part of this entire project is in the residential bothers him. Councilman Torte said he appreciates the attempt of mitigating effects of this project on Hyman avenue. Councilman Torre said his greatest concern is the 40% FAR has gone to the residential, which is a separate parcel, and goes against historic preservation of the Deep Powder units, and does not fit within the zoning of this area, and the height variances. Councilman Torre reiterated 40% FAR for free market is too much. Mayor Klandemd said if lodging is located at the base of the mountain, it makes sense for the height to increase as the buildings go south. Council agreed the applicants and the city work for a solution on the historic cabins between conceptual and final. Councilwoman Richards said Council should agree on which buildings are valuable. Mayor Klandemd said she loves the lodge redevelopment proposal but she cannot accept 16 Regular Meeting Aspen City Council August 8, 2005 the whole thing. Mayor Klanderud stated she is disappointed about the condominiums and would rather see fractional fee units that have more turnover. Mayor Klanderud said she is comfortable with the 123 lodge rooms; she is not concerned about the removal of the off street parking. Mayor Klanderud said if there are employee credits, Council has to discuss whether they are credited to the lodge or to the free market. Mayor Klanderud said there is discomfort on the 40% free market. Council agreed the want to give the applicants more direction and would prefer to do this at a continued meeting. Councilman Torre moved to suspend the rules and extend the meeting to 11:15 p.m.; seconded by Councilwoman Richards. All in favor, motion carded. Councilman DeVilbiss moved to continue Resolution #50, Series of 2005, to 4 p.m. August 9, 2005; seconded by Councilwoman Richards. All in favor, motion carried. Council left Chambers at 11:10 p.m. Kathryn S. Koch, City Clerk t7