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HomeMy WebLinkAboutminutes.apz.19890421 A RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION APRIL 25. 1989 Chairman Welton Anderson called meeting to order at 4:30pm. Answering roll call Herron, Jim Colombo, Peyton and Roger Hunt were Graeme Jasmine Tygre were excused. Means, Bruce Kerr, Michael and Welton Anderson. Mar i COMMISSIONER'S COMMENTS Bruce: Last night city Council passed the auto free disincentive days for late Mayor June. And the boundary lines of that are Monarch, Main, Durant and Hunter. I am not sure whether it was made clear whether those streets will be closed or if it is the inside. Alan: I think it means those streets and within. Tom will have the answer for you in 15 minutes. CONSENT AGENDA BUTERA STREAM MARGIN REVIEW MILLER STREAM MARGIN REVIEW Welton: I just want to make sure that the staff understands that the completion of trail linkages, to my mind and to at least one of the other members of the Commission, from the 1010 ute Subdivision through the various ownerships in the Aspen Club area to HWy 82 and the trails is a high priority. And that any methodology that can be used to insure that those linkages are made whenever there is any kind of approval through any of these properties that it be investigated. Alan: We certainly agree with you in total that that trailway is extremely important and should be changed. It certainly was not missed here and in fact Leslie spent a lot of time looking at that issue because as you understand there has to be some relationship between development activity going on and that trail request and there really isn't one in this case. Bruce: In this case I also picked up that Engineering recommended that trail easement but that it was not in one of the conditions. Bruce: On recommendation #2 on the stream Margin on the Butera plan--it says "satisfaction of the Planning & Zoning Office". Does that mean staff? Alan: Yes. Jasmine: forward to situation? What types of reviews then would we be able to look that would enable us to follow up on this trail PZM4.25.89 Alan: If there were any re-subdivision, growth management application that takes place on the property. In other words when there is development going on for which pedestrian impacts are caused. The re-development of this house and the stream Margin Review of this 'house don't cause pedestrian impacts. There is a trail concern on the river and that has been addressed. Your concern is the integration of the trail network and there should be opportunities to deal with that. Otherwise if there aren't development opportunities, it is the public's responsibility to go in and entertain it and compensate. Just to take isn't reasonable. Jasmine: Under those circumstances I would move to approve the Butera and Miller stream Margin Review. Bruce seconded the motion with all in favor. ASPEN MEADOWS CONCEPTUAL SPA/GMOS E~ION/REZONING CONTINUED PUBLIC HEARING Welton re-opened the public hearing. Alan: Did a review of April 18, 1989 meeting. Bill Kane: I think that in going through these issues tonight we would like to respond to each one of them. However our point of view here is that it does represent one legitimate technically feasible alternative that does have the benefit of consensus at least among the 5 groups--the 4 non-profits and Hadid. Based on that alone it is really worthy of some explanation and some consideration. We are not trying to present this plan as the only conceivable way to go. Alan: Conservation lands issue is a good one to deal with because it also will get us not only through issue #3 but issue #4 which is the alternatives. We will also touch upon issue #12- -specifically stream margin and technical issue #l--residential site plan. The conservation lands brings a number of key concerns together in one place and is an excellent focus for the Commission I s discussion. 2 PZM4.25.89 As the applicant discussed with you last week, the application proposes residential development in a series of small compounds. Four of those five residential compounds shown on the plat are located on the valley floor in lands which are presently designated as conservation on the City zoning map. The fifth of the compounds is located on top of the bluff in the vicinity of where the Health Center is presently located. Of the 4 compounds which sit on the valley floor, 3 of those are either on the edge of the wooded area on the valley bottom which you walked through about a week ago or are in open meadow areas on that valley bottom while the one which sits across Castle Creek is located in densely wooded area. Looking back at the history of why these lands were designated Conservation--back in the early 70s there were a series of environmental studies done of the Roaring Fork area which lead to the development of the Roaring Fork Greenway plan. Those were environmental studies trying to identify sensitive environmental features and the echo system components of the Roaring Fork. Those studies later became one of the inputs to the development of the 1973 Aspen Landuse Plan which in itself was the foundation for the eventual zoning of the property in 1975. The environmental analysis and the Landuse analysis were fundamental to the development of the rezoning of the community which occurred in 1975. The Greenway Plan which was done in 1972 or 1973 had as its intent to protect the ecological systems and the landscape features of the Roaring Fork River and its tributaries. And it was intended also to try and establish open space and trail corridors and open areas along the river banks. One of the things that is a outgrowth of that Roaring Fork Greenway plan was that we needed to have implementation procedures and the stream Margin Review procedure which assists us in meeting the goals ,and intent of the Roaring Fork Greenway Plan. So our regulations reflect on that plan. Past plans submitted for the Institute Property have not shown development down on the valley floor. Development has been up on the bluffs area. It has clearly been the City I s position throughout the prior review processes that this land should be restricted against development. This has been a very consistent position on the city's part. I spent some time today walking down along the river bottom with Tom Cardamon. I am not an environmental expert. Tom really is someone who was able to help me in gaining a better focus. We basically found the river bottom wetlands which are mostly not 3 PZM4.25.89 only Cottonwood and Blue Spruce to be important. This is not something that is just another set of woodlands in the city of Aspen that we can just say "Well, maybe they come, maybe they go". This is something significant. And we felt that because of the size of the stand of woodland down there and because of their undisturbed state and the woodlands in Tom's opinion are quite mature, because of the size of the area, he thinks that those kinds of features help this area to act as a wild life corridor in the Castle Creek/Roaring Fork ecosystem and that is important. He was talking to me about the effect of that wildlife corridor in helping the wildlife populations that inhabit the Aces Hallam Lake area. And that there can be wildlife that can essentially move throughout that corridor and that this area in particular because of its size and its undisturbed state really can be a habitat. Tom also told me that river bottoms like this--Cottonwood river bottoms have been very frequent targets of development throughout the State and for that reason because they are rapidly disappearing, the State of Colorado is actually identified now as a species worth protecting. They are not so plentiful anymore that they should be just ignored. I would note for your purposes that we don't have Stream Margin Review information at this point in time. If you feel that development in the river bottom may be appropriate at this conceptual stage, I really think that we are going to need that Stream Margin Review information to make final conceptual decisions. I don't think you should wait until the final review stage for that information. The Stream Margin Review criteria will help us understand floodplain concerns, wetland concerns, and river bottom vegetation impacts. Those are all issues on these lands. This isn't the development of one house in a relatively disturbed area. It is the development of a number of houses in an undisturbed area. I would consider this to be very fundamental issues that you really need to take a look at. We also walked through the adjacent valley floor meadows. Several of the compounds are proposed to go onto the meadow areas trying not to disturb the woodland vegetation which we thought was quite desirable. But they are in areas that we can identify as either being woodlands or in one case a natural sage meadow. What Tom was suggesting to me is that those meadows are in the process right now of re-vegetating as Cottonwood river bottoms and that you can see evidence of the Cottonwood starting to move back into the meadows and with proper conservation techniques, we can actually enhance that process and strengthen the entire river bottom eco-system. In other words the stand of wood that you see down there can actually be increased. It is not receding. It is 4 PZM4.25.89 .,,,,,, potentially increasing and so Tom is not comfortable with those meadows as sites for homes either. My opinion and the one that we had in the memorandum is that it is inappropriate to place 17 homes each proposed for 6,000sqft in the valley floor. I look back at the SPA review criteria and #4 suggests that the SPA process is intended to use creative techniques to avoid environmental impacts. I really think that it is our job to require much, much more clustering, more of a multi-family or a townhome configuration up on the bluff, up out of this valley floor. I think we should really lift the houses out of the valley floor and try and keep that valley floor special. I think it can be special and enhance the valley use of the homes. It can enhance the value to the visitors to the Institute and can enhance the value to the citizens of this community if that kind of an area is protected. We think that development should be permitted and is capable of occurring up on the bluff where the utilities already exist. But from a conservation standpoint, we really think that the bottom lands are not appropriate. .,- One of the other things that that brings to mind is the idea of alternatives. As you know one of the alternatives that have been talked about and has been talked most directly by the Aspen Valley Improvement Association is that of a land trust. If you become uncomfortable with the idea of development, we need to look as ways of compensating the land owner bringing money into this development without development occurring. And you may want to start investigating that concept or have us and the applicant jointly investigate that concept. I believe that some development can take place on the bluff and that no development is not appropriate. We really don't feel comfortable with development down on the bottom lands. Bill Kane: I think that it would be appropriate to restate why those lands are proposed and I have to begin by saying that it obviously is not an easy choice. The notion of trying local development along Castle Creek and Roaring Fork was really motivated by a desire to try to preserve to a maximum degree possible the existing campus. The traditional open spaces, the riding ring, Anderson Park and the open meadow entry to the tent and the spaces that everyone has become familiar with. To kind of restate our problem it is not complicated in some respects. We have 85 acres which represents the cultural campus of Aspen. The institutions there are our cultural heritage. Almost 80% of the land is owned by private development company. - 5 PZM4.25.89 That is the fix we are in as a community. And it is not a problem that is going to go away easily or inexpensively. We are trying hard to strike for some arrangement that provides a permanent fix. One that doesn't cause anxiety for everybody in the west end because there is another planning process that fires up every two years. It provides a fix to the land owner and it puts a land ownership basis under all the non-profits. Those goals were carefuliy thought out. Preserve the traditional open spaces and human spirit of the campus, provide land under the non-profits so that they are here forever, resolve the long term operating plan so that the lodging and food service operates profitably and stays around, generate capital for the badly needed building fund, to restore the chalets and make lodging habitable and provide a fair return to the Hadid group for their land costs. The idea of locating buildings down there was not motivated by what I think could be interpreted as a traditional kind of development objective. This isn't an instance where it was desirable to try to take advantage of some kind of market by putting houses down in an environmentally sensitive area. What it said was that we have a tough problem and we have got to find a location for some form of development that provides an economic return. What this plan says is this reflects one point of view which says that it is better to locate these things out of site and out of mind. And to be very candid about it that is what the plan is about. I think that we are convinced that on the Roaring Fork side and the east side of Castle Creek it is possible to execute that plan that is shown without any disturbance of the 100 year flood plain as provided to us by the Corp of Engineers. It reflects a technically feasible viable way to go. It clearly is not the only alternative. But it is really important for us to set the record straight about why that has been used. I don't think that we necessarily just concluded that they were prime development sites by any means. I think we recognize the sensitivity and importance and naturally we are willing to talk about alternatives. Fritz has been actually involved in this debate longer than any of us and he has a few comments about why that alternative came up the way it did. Fritz Benedict: From the offset one of the non-profit' s most important goals was to preserve the open space on the campus. The first Hadid plans had houses really scattered all around that 6 PZM4.25.89 upper level. many of us'thought that that was just changing the campus too much. It was changing its character. This open space is very unique. There is nothing like it in Aspen. People use it as a park. Some people go down to the river bottom but many less. Another objective of the non-profits is to preserve the magical feeling of the Bayer architecture and its low density relationship to the open space. One of the most important outcomes of our effort is to retain most of that architecture. When Herbert and I first planned those chalets, there were no trees. It was just an alfalfa field and they really stood out as boxy buildings. But over the years with the landscaping done by Lou willey and Hank Peterson, the ambience has become magical. The 1" Aspen trees that we planted are now huge trees and the buildings are softened up with all that planting. Those meadows are unique in Aspen. In order to satisfy the two goals I spent much time last summer trying to locate sites. The logical place deemed to be to go down below. It is a trade off. It is not ideal. If somebody came up with $20,000,000 to buy the property, we would all be happy as clams. We don't feel that the community can raise that money. It has been talked about for a long time. But the money just doesn't seem to show up. I did a lot of walking down around there and over the years I have been looking at that land as a possibility to do something and I am not keen on building down there because I like open space as much as anybody. But to get the building out of site just seemed to be all to the good. If the houses were placed below the bluff they would be out of site and not impact the campus. The low density housing should be located in an environmentally sensitive way. A limited number of houses should not impact the stream, the view plain or the wild life. If one looks at Sneaky Lane this is very comparable. The large Cottonwoods really hide those houses and there is at least as much density along Sneaky Lane as is proposed down here. I think a lot of you won't believe this but I know from experience that there is more wildlife down there in that river bottom than there was when we first started working out there. We used to ride horseback on a trail on the west side of the creek. I never saw a deer, never saw a deer track. There were no raccoons in the whole upper valley at that time. Now there are a lot of raccoons down there. And there are more ducks than there were because ponds have been built. There are foxes around there that didn't exist 30 years ago. There are other people who would testify to that. Wildlife are not necessarily put off by 7 PZM4.25.89 development. We are suggesting that most of the historic liability is preserved and not torn down to build a large hotel which would be a lot more efficient operation and probably compete better in the winter with the hotels that are at the base of the mountain. But we prefer this 60 townhouses up campus. plan to the alternate that seems to be 50 or on the upper level which would impact the Welton re-opened the public hearing in order to take comment on the issue of the conservation lands. Bill Gruenberg, president of the Aspen Chapter of Trout Unlimited: We feel it is easy to say that no one will complain about houses out of site but someone must speak for the environment. We feel as you do that unless consideration must be given before you take a conservation area and bring it into the area of 20 some home sites. The area of the confluence of the Castle Creek and Roaring Fork is one that should be retained as open space. within the city we know of no other area where a family can picnic and fish where you can have the amenities that are down there. Most areas along the riverbank are very steep. Often they are private property and there is not an access. So this area does have access from Black Birch and from Red Butte and from the Snowbunny area as well as from the Rio Grande Trail. That is why it is important to keep it available for citizen's use. As examples of it's use--I have seen Grass Roots taping Fathergill giving fly fishing demonstrations for the TV. It is used by a lot of people even though it is out of site. The wilderness aspects of it are what make it special. You don't have the crowds that you see around the music tent but it is as important. If we don't save this area it will be gone forever. There is no way to re-create an area like this. All the other studies that have been mentioned have said that this area should be preserved and kept as unspoiled wilderness and we feel that with all the development that is legally going on in town it is even more important to save this type of area. My good friend Alan is the habitat biologist of the Division of wildlife. He, as well as Tom Cardamone, feels it is very important ecologically and environmentally to preserve an area where there is a confluence of 2 rivers. This will have a negative, both short term and long term, effect on the river and on the riparian area. That area is called the bridal path pool on the Roaring Fork just above the confluence and it is a well known area for dry fly fishing. It is an area where you can ~.,.- 8 PZM4.25.89 picnic on the bank and your family can be there. areas like that. There aren't Fishing is important industry for Aspen. There are at least 5 fishing shops and outfitters here. There are hundreds and hundreds of fishermen who use that area. It would all be impacted by putting 20 some houses down there. We all love and value the natural lands and open space values. They should be held as open space. The values are just too important to be lost forever. We feel they are in need of conservation for ecological and environmental reasons. It is an area of peace and serenity as the campus area is. It has been available to all and it should remain so. I have spoken to several conservancy organizations in addition to Trout Unlimited and if necessary they have all said that they would be interested in leasing or contributing in any way possible to preserve this as open space in the same character that it is now. ~ Tom Cardamone: I walked the property with Alan this morning. One point aside from environment is that I understand we are trying to work towards some sort of agreement. The Division of wildlife figures tell me that about 2% of the state is riparian habitat. And about 70 or more percent of our wildlife species use it. So in their books it has a real high value. The wildlife officers locally and the Division of wildlife in their efforts to preserve land recently have been focusing on riparian ecosystems. This is an important ecosystem. The Nature Conservancy has sort of shifted their focus into looking specifically at habitat that harbor endangered species. But also along with that they have now they decided that Cottonwood river bottoms in the state are one of the endangered habitats in the state along with the endangered species that they are looking at. I don't want to suggest that they would be interested in buying that property. It is just that they are people who know what is important in terms of preservation and are looking at Cottonwood river bottoms. As I walked that area this morning what I saw was that that entire area--even the open meadows where the homes have been placed, is trying to go back to being what it once was which was a Cottonwood forest rather than a meadow. And I can tell you from experience that to try to recreate a Cottonwood river bottom which I am trying to do at Hallam Lake takes a lot of money and a lot of time and a lot of energy. If you have got something that is already there it is a huge mistake to undo it. 9 PZM4.25.89 My last comment relates to my next door neighbor's property. In about 1965 the river which kind of goose-necked around Red's property which is just, if you look downstream from the first foot bridge crossing on the Rio Grande Trail, just below the post office, the river made a big wide swing there. In 1965 it took a shortcut and went straight through Red's property and created an island. When I looked across the river in that Black Birch property I saw the same potential. So the river bottom stream margin review with this kind of considerations that are ahead of you still is really important to look at. It is a real changing kind of an ecosystem. And you have got to let it change. ,- Andy Hecht, representing Aspen Meadows Task Force (the AVIA, the Meadows Road residents, residents on Castle Creek or Castle Creek Drive, Black Birch Hom~owner's Association and homeowners on pitkin Green): We want to be supportive of developing a plan that works. We are not ready to concede the assumption that Fri tz made that if you don't destroy the conservation land you must develop 50 or 60 townhouses above or a big hotel. We would like to test some of those assumptions. My clients have hired a planner just for that purpose. It is not that his plan is the right plan. It is a different solution to the problems we are identifying and we would like at least to have that made available to you and to have a dialogue about alternatives rather than just give fray that we will lose a campus atmosphere or lose Conservation Lands above. We don't think that is necessary. Gage Davis, planning consultant from Boulder, Colorado, hired by the Aspen Meadows Task Force: To reiterate my point last time we met that in no way are we wanting to be obstructionists. We support 100% the goals of the various non-profits having a home. We support all of the objectives that Bill has outlined. I think what we would like to suggest is that there are other ways of looking at this site plan than the one that is being proposed. Last time I mentioned our support for the idea of 7th street access and the preservation in as much as possible the Conservation lands. We believe that there is certainly an opportunity to do some single family down there--perhaps by reducing the number, the price per single family lot can be increased. There is shown 1 idea of grouping 3 homes for example on the bench right below the bluff. within it is shown a 5,000sqft envelope which in effect would leave most of the conservation Lands in tact and still permit the trail system to pass through. These 3 houses could be accessed by a private drive, if you will. Perhaps there could be more houses or fewer. We just don't support the need for as many as has been proposed. ,~ 10 PZM4.25.89 I might add also that the number that has been proposed would have a very high infrastructure cost in terms of roads and utilities and the bridge crossing the river. This is one way of maybe getting more value for a lot but reducing infrastructure cost so it is more profitable. Lastly, in support of what Fritz was mentioning we too share the concern about the Bayer residences and it is possible maybe that there could be as much as a 1, 500sqft addition located below those units. The units could be saved and you could still have 8 units there of approximately 3,000sqft apiece. If this is inappropriate from a development point of view, then clearly those units could be demolished which I understand is under consideration and those could be replaced by 8 units. with the relocation of the Health Club to a lower level of future MAA guest housing, there is an opportunity in our opinion to cluster 8 townhouses on that bluff of about 3,000sqft apiece. - South of the existing Aspen Meadows administration building there is an opportunity for another 3 units of approximately 3,000sqft each. What I would like to suggest is that this falls about 1 unit short of the number of units that are proposed. Admittedly it is a different concept in terms of land use. It is not just single family. It is a mix of single family and townhouse. If more single family were desired, we submit that depending upon the outcome of the litigation that there could conceivably be another 4 or 5 single family units clustered on the edge of the race track. This would exceed the number of units that has been proposed from the development point of view and we contend leaves as much open space as the present solution. In fact, more. We believe that this scheme here provides a reasonable return on investment and meets all the other obj ecti ves and it doesn't necessarily have to result in 50 to 60 townhouses cluttering up the meadow or the race track. In closing I would say we are working on a proj ect right now where townhouse units of about 3,000sqft are being designed and sold for $400.00 per sqft. That is a significant amount of money. We don't know what the bottom line requirement is but we suggest that maybe a more creative approach to land use can save a large share of the ,Conservation area and still return a reasonable investment. Michael: I would like to see the applicant respond to this plan. I certainly think that if we can keep the homes off that meadow that that would be terrific. When I walked down there the first time I thought that that was a horrible place to have to put homes too. I understand the concern in trying to keep the upper part in a semi-pristine state. When I went up there on that day 11 PZM4.25.89 there were a whole bunch of kids playing there. So you are kind of torn between 2 alternatives. Those alternatives become difficult when you consider what we are trying to do here insofar as getting this plan adopted. It seems to be that that is the primary concern. As we walked away that day I mentioned to Tom that all the sites were lousy sites for the homes. But that somehow Hadid had to make enough money so that we can do what we need to do here. My thought to Tom almost as a joke was that if we took the property--the Marolt property-- and we gave them a piece of that it might even be better home sites than the river because the river has no views particularly and I have never thought that the Marolt property was a fantastic piece of property. And I don't know that 20 homes there would be such a horrible entrance to Aspen. And I said that kind of lightly to Tom but I think that alternatives like that are certainly preferred to going down to the river and going up on top of this piece of property here. I think we have to recognize that somehow we have got_to do something so that we can get this plan adopted. Bruce: First, does the Conservation zoning go away if we extend the SPA on this or does it remain as underlying zoning? Alan: It would remain. The outcome of any SPA planning process is a designation of zones, area and bulk requirements and uses. So the zone that is designated there becomes less significant than the plan that is adopted. The R-30 designation that is suggested in the proposal recognizes the proposed uses in the plan. Bruce: Unless we do something to change the Conservation zone, it stays there. Alan: It would be Conservation/SPA. That is correct. Bruce: The Conservation Zone would allow some homes to be build there as of right. Alan: Right. You need 10 acres of land. Bruce: Much like Mickey, I have been concerned about putting homes in that sensitive area. At the same time I am concerned about working the deal with our arts groups and these other non- profits to make the deal work for them. It seems to me that one of the things that becomes very crucial--we talked about the legal problems and the lawsuits on those 2 pieces along Meadows Road and the other down the street. That may be very crucial to making this plan work because it may be that we don't want all 12 PZM4.25.89 those houses down on the river bottom and the only place for them to be is along Meadows Road. ~.. I am not opposed to some houses going in that area. Particularly I am not too concerned about sage brush meadow. I am more concerned about the area on down Castle Creek than I am about the sage brush meadow. Somehow I think we have got to strike the deal and make this plan work. I don't think any of us can try to figure out what kind of rate of return this developer has to have. We don't know what their actual land costs are. That is going to be for them to tell us. Whether the deal will work with 23 houses or work with i3 houses. They are going to just flat out have to tell us that. But we have got to work a deal so that we can keep these arts groups here. I had discussions today with a number of people and almost half of our economy or hal f of the year's economy is based around thesegroups--the MAA and the other groups who meet throughout the summertime. We must recognize that and we must recognize and admit the importance of those groups and somehow bring this group together and come up with a plan that will satisfy everybody. Jasmine: I agree with much of what both Mickey and Bruce have said. I think though that the complexity of the proposal obviously requires us to look into alternative solutions. It seems to me that the Conservation area could take perhaps a couple of houses very limited in size. My experience with other development in areas that are likely to be used by people for recreation is that the people who are putting down the kind of money that is going to be required to buy one of these homes do not want people like me walking through their property or anywhere near it. That is a legitimate concern. I think that for that reason that we have to be very careful about the conservation areas because of the potential conflict that will exist between people who traditionally use that area for recreation and the people who certainly have every right to the privacy of their own dwelling. I think that a compromise plan which would remove the greater number of the houses from the Conservation area allowing some development and houses being in a much smaller building envelope would be desirable. I think it would be really foolish not to take advantage of looking into the alternative of having some kind of conservancy group or trust compensate the developer for that portion of the land that would be used or saved as a public access. And that perhaps by combination of the conservation trust I s re-arrangement of some of the site we might be able to come up with something that is a little more satisfactory than the plan that the applicant has proposed thus far. ~,~, 13 PZM4.25.89 Jim: I would like to look at some of the issues involved in single family occupation vs. townhouse and mixed use occupation. As far as environmental impacts generated by each of those one of them being on a singular type of use the other being on a complicity of use as far as townhouses and single family. I have a feeling that you are going to find greater impacts both traffic wise environmentally etc. on large townhouse occupation. I am wondering where that fine line is between townhouse and single family occupation which will allow more creative of a development plan and if there is a reason why single family solutions to this property are best as far as impact results go. I think that will help us a little bit in addressing the location and traffic patterns and impact solutions to the area once we have a good idea of which each of those types of uses and a combination of those uses are presented. Graeme: I am also very concerned about taking land that has been designated Conservation and developing it in this manner. And I would hope that the applicants are getting the message that everybody here is concerned about that. When I was down there on the field trip that we took--as an architect I felt putting that many houses of that size was crowding things down there. And especially for instance--we didn't go across the river but on the northeastern one--that grouping there seemed to me to be half on an upper bench and half on a lower bench. In other words there is quite a grade change between the top of that grouping and the bottom of that grouping which isn't really reflected here. I think it is going to be tighter than what is shown here. I would certainly be more amenable to a plan that left this part of the parcel alone. Not only from a conservation standpoint but I think from--and I would like to say at this point that I think that the non-profits are the best of the heart and the soul of Aspen and I certainly as much as anyone want to see them maintain here and flourish here. To do that I think that they need what George has been talking about which is a certain circle of sereni ty. Not only the physicists but everyone there needs that. This site has been able to work the way it has and have the peace that it has because in a way it is a backwater. It is a dead end. There is nobody going through this site. The people who are working and going to performances and whatever here are not putting up a traffic that is going somewhere other than here. So it remains its own backwater. 14 PZM4.25.89 When and if the lower part is developed and all of a sudden there is an access through the campus and I think that that starts to pick up the circle of serenity pretty seriously. I think the non-profits ought to think about that aspect of it. Also I think that perhaps there are some other uses that could go on on the river bottom that might not be as destructive to the environment as what is proposed. I personally feel that the whole meadows area should be restricted to uses for the non- profits. What could go on down there is the question that I would have for Tom that would not significantly impact what is the most valuable qualities of that site. Tom: A couple of quick thoughts--one--trails passing through obviously are much more impactful than activities that are on site. And so recreation--trails--linear recreation. And the other thought that somehow relates to the question is that if the Cottonwood River bottom is protected and even enhanced you end up with a vertical component to your environment. And when we were talking about wildlife I think in this situation we are thinking about a very occasional deer, fox and song birds. Regarding birds just for a brief moment I remember Walter Gans giving a talk about China. He mentioned that there were no birds in China because they have either eaten or poisoned them so they can grow and eat their food themselves. And just to have a Cottonwood river bottom with a canopy full of singing birds is an amenity that we take for granted and if we make some provision to protect and enhance that vertical component called trees we even enhance development on that site. Graeme: wouldn't facility kinds of So you feel that there could be certain uses which impact too strong. For instance not a performing but a practicing facility for musicians? Would those uses be incompatibly? Tom: That would be much, much less impactable than a permanent residence with people coming and going certainly. Graeme: How much of the impact is from the roads which effect the drainage? In other words if the development were isolated to one particular area down there to try and minimize the roads, would that be advantageous or not? Tom: Obviously clustering allows things to move around the cluster. One of my concerns this morning was that the cluster went across the corridor--the river being the corridor. That could be a big problem. So it has to be a cluster that doesn't stretch across the entire corridor. 15 PZM4.25.89 Welton: I have a different kind of thinking about this from the rest of the commission. I don't know whether the 2 absent members would concur with me or not. But I was intrigued when I first saw this plan that they, from a site planning standpoint, had done something kind of creative and kind of inventive and moved the development away from the historical aspects of the campus and moved it to an area that, although I was familiar with, I was not nearly as familiar with as the Institute campus. I thought that was a good idea. what I didn't like was the single family dwelling as a highest and best use as in 6,000sqft spec houses being the only use for the land in Aspen. I don't think 6,000sqft spec houses is a good use for land in Aspen. We aren't manufacturing any more of it and it is a one-time revenue enhancer for the developer that does it but it is a fact of life we are going to have to live with in this application as a trade-off for guaranteeing the future of the Institute. I think that the Castle Creek Valley floor is a proper place particularly after walking the areas that were proposed for development for this because it is held away from mature vegetation, it is held away from the river. It is tucked up against the side of the cliffs. I don't think spreading it out the way it is shown in this is appropriate. I think the clusters, if it is SPA, ~UD whatever you want to put on it, use that site planning flexibility to come up with something that is more compatible as Tom said--doesn't block the corridors. Cluster it more tightly. Maybe some more duplexes. Maybe clusters of 3 and 4 units. Single family seem to be selling real, real well this year. But maybe 5 years down the road the single families will be what we have a glut of on the market and nobody will want a $2,000,000 single family house on the river. I would like to see that pressure relieved where it is not impacting the campus of the Aspen Institute in that area in this Conservation area down below but done in a more ecologically sensitive aspect to wildlife migration routes in that corridor. Because it was designated Conservation in the 1973 Masterplan, to my mind, doesn't mean that it is locked into Conservation with all the implications that word means forever more. It's not as impacted and it could be done in a less impacted way than all the other developments that are constructed already on the river-- Black Birch being one of the and Pitkin Reserve being another. It can be done sensitively and I think if the pressure is there. It belongs down below to a lesser extent on the Campus elevation up high. But the two being separate is a very good plan approach. 16 PZM4.25.89 Bill Kane: In response to Gage's plan, I think that we would like to acknowledge that as a provocative thoughtful set of ideas that will be seriously taken under consideration. We got off to kind of a discussion here about numbers of units which is premature right now. Gage's plan actually does specify a number of units. Fritz puts in a number of 50 to 60 townhouses. I think the unit discussion is probably too early to try to resolve right now: What we are looking for is a sense of the Commission about the landuse type and location for these things. I think we are going to have to go back to the Hadid group and if those Conservation lands and single family scheme is not the preferred alternative then there is some sort of economic equation here that will trade out in terms of number of townhouses. I think you can appreciate with 5 groups, everybody with a slightly different view of life--an alternative development plan almost requires the same level of review within those groups that we are trying to accommodate right here. So I think, for our side we don't want to put 50 or 60 townhouses on the table. But by the same token we would appreciate it if the number isn't 16. I think that we would like the freedom to examine that and if we are going to be talking about alternatives have the ability to seriously look at what those landuse options are without being tied to a number. Alan: Some of the members are willing to look at some development on the bottom but they would like it to be in the less impacted areas away from the stream much more away from the crossing of the Castle Creek corridor which might then help us to avoid bringing in the Stream Margin issues right now. I don't think any of us are prepared to look at numbers but I don't think that as a group, they precluded looking at some units down there if they can be much less impacted than these compounds which broke the flow of people moving to Picnic Point or crossing the river. Gideon: I would point out that this is not public property. It is private property. I am speaking for the Aspen Institute and you have got to look at the full circle that this has come. We were told in no uncertain terms that the race track was sacred. And we wanted to keep the development out of the race track. We as non-profits see ourselves as just as endangered species as the things down below that we are trying to protect. We realize that this plan down below was going to have impact on some of the neighbors. On the other hand in the overall scheme of the town, we felt that the preservation of the campus and the non-profits was paramount. Single family was looked upon and chosen because given the realities of the market today there is an ability to do less density with single family and recoup the funds that particular way. Whether we are talking numbers or not, the 17 PZM4.25.89 reality is that when you go the multi-family aspects there will be higher numbers, higher impact on the campus. While we are all concerned about conservation and the preservation of endangered species we as the non-profits see ourselves as endangered species that needs just as much protection as that land down below and the wildlife that is intended to be preserved. Jasmine: What procedure would we have to follow to see if we could get either money from the open space fund or some conservation group to purchase some of the river area. The point is I think everybody on the commission is very sensitive to the spirit of compromise of the proposal and the need for the private development entity to get a reasonable return. It seems to me that it is not unreasonable to explore the possibility of the purchase of some portion of the land that we feel is most sensitive which would then relive some of the pressure financially on the developer. This would allow less density in the areas that we think are sensitive without pushing development up to the campus which would impact the non-profits. So this is an area that I am particularly interested in exploring. "'.-..' Alan: It is something that we have had some conversations about. If it is something that the Commission is interested in I think it is a charge worth giving to us to spend some time on. The applicant is going to be spending time in the next 6 weeks looking at land development concerns. If you want us to look at more institutional concerns like that we could certainly do that. I would be willing to spend some effort trying to help. Welton: I think it is definitely worth while investigating. Alan: It is hard to believe that there are no possibilities for something like that given the wealth and the interest in this community. Jim: I think it is certainly worth while thing to look into. I think we need to proceed as though it were not going to happen at this time. otherwise we are going to create a distorted condition for the applicant in which they are proceeding with us hoping that they can't get what we are trying to get approval for. Welton asked for comments from the public. Bill: As President of Trout Unlimited today I received a brochure listing the Trout and Salmon Foundation in Madison, Wisconsin which has recently given $6,400 for work on Lincoln Creek. There are many conservancy organizations that will l8 PZM4.25.89 protect riparian areas and I have had very high success in getting grants. So I would say that there is progress of people contributing to make this a possibility. Bruce: I am interested in knowing if the applicant has any alternatives stowed away back there or whether their position is that this is your plan and you are going to push on this because you know Council is going to hack away at you anyway. Do you have alternate plans? Bill Kane: What we are doing is going through these issues and trying to get a review of the Planning Commission to identify and understand what you like and dislike about the plan. We are going to test some of these ideas. It is a planning process that we are involved in and will try to come up with something that will represent a consensus view if humanly possible. No, we are not trying to bully through one point of view here. What we are saying is that the plan as presented does represent one legitimate alternative that does have the consensus of the 5 groups. We believe this can be done technically and in a feasible way without clearly impacting flood plain. That is a 100% given that there be no 100 year flood plain and that we are very confident about picnic Point portion and the east side of Castle Creek not having involvement in wetlands and as identified by any typical kind of wetland indicators species of vegetation. So the plan represents to us an important starting point. It does represent the consensus of the group but if there are features of this plan that are simply not going to gain approval we need to know that and we need to go back to the drawing board and that is what we are prepared to do. Chuck Carlton, Director of the Aspen Valley Improvement Association: I think that there are members of our association who might be interested in working with the newly formed Roaring Fork Conservancy in working with the developer and other interested groups in putting together some kind of land trust for some of this area. That is only going to work if those groups have some sort of dollar figures involved. I think the community is dealing in a bit of a vacuum and I would certainly volunteer our organization either in conjunction with and supporting the Aspen Meadows task force or independently with the representative developer and other organizations to try and fast-track that sort of conversation to see if it does make any sense. John Sarpa: I just wanted to add to what Bill Kane said. From our perspective--are there alternatives? No way. We spent 11 months going through 50, 60, 70 alternatives, not one of which we haven't already heard from, thought about, looked at. As was mentioned earlier for the first 5 or 6 months of this process there were no homes at all in that Conservation area. They were 19 PZM4.25.89 spread out in different places up on the bluff and there were different combinations. Some were townhouses. Some were houses. We went through all those designs. We went through all those plans. We looked at Conservation vs. not Conservation there. We looked at densities and traffic patterns. We spent, among ourselves, a great deal of time looking at those alternatives and we have come to agreement on the one that we submitted. And we feel strongly about it. It is not perfect. It has weaknesses and it can be improved and we know we will get improvements from you. But we believe that the process that we went through was a creative one, was one that balanced interests. How do we give back 2/3rds of what we privately to these organizations so that they can do something with it? That was what that was all about., And it was Fritz Benedict who came up with the idea--"Get all that density off the bluff because we want to keep our campus". So I think it will really come down to a discussion with you and the community how the density in the campus itself vs. this Conservation plus the trade off there. I can tell what these people have to say about the density of the campus and what that means to the Aspen ideals. .. .",~, Sure we are open to other ideas of how to fine tune that but we sure don't have an alternative bee in our back pocket. That plan has the basics there and now help us move it around maybe a little bit and we think we can come up with some final solution. Harris Sherman: I would like to say on behalf of the non-profits that during this 11 month negotiation one of the goals of the non-profits was to reduce the development density to the lowest possible level. This involved literally 4 or 5 months back and forth with the Hadid interest about what was an acceptable level of development. I think the land trust is a great idea if it can happen. But we are really talking here' about millions of dollars of donations that would have to be raised in order to accomplish the acquisitions. I know how hard these funds are to come by. And I hope we will be realistic about what is possible within the context of acquiring land for these purposes. Michael: I would like to see us consider and discuss the alternatives. I would like to see us go forward with the plan. I think we have to take a look at reality and reality is that we preserve the non-profits. But I don't think there is anything wrong with discussing the alternatives and land trusts and City for the negotiation of purchase, condemnation. They are all out there. They can always be done at any time and any stage in the ~'".." , 20 PZM4.25.89 process. But I don't think that we should slow down the process and not have a plan that is going to be in place that the developer can rely on so that the non-profits can get their plan going forward while we are doing that. One other alternative--we considerd trying to taking a piece of the Marolt property and giving the developer the same amount of home sites. I know the Parks Association isn't going to be happy about that. But I don't think the Marolt property is near as important to Aspen as the non-profits are or as this area around the non-profits or as the river bottom is. If I had my choice of where I wanted to go on a Sunday to a park in Aspen, I would prefer to go down to Picnic Point more than the Marolt property. I think it is a home site that could work for them because to put an infrastructure in there would be a hell of a lot cheaper than going down to the river and they could sell homes with infinitely better views than you have down at the river. Paul Taddune: Did you see the discussion regarding the Marolt property on television last night? Someone made the prediction that someone would make the proposal to put home sites on the Marolt property. And the arrangement that was agreed upon last night was that the MAA would be allowed its dormitory facility and the rest of the property would be remain as relative open space with a couple of other uses. So if you go by the agreement that was reached last night for a tentative agreement, home sites were not considered. In fact the council agreed to not consider home sites out there. Michael: Maybe it is time they considered some kind of an alternative that might be better than agreeing with the Parks Association. Maybe it is time to go with what is best for the Community. King Woodward, Aspen Institute: We are under time constraints. And looking at 2 years down the line would be very difficult. Graeme: I think I speak for a lot of people who feel that we have enough very expensive home sites and large homes and that they don't add to the community in the way that a lot of people would like. They do add some money I guess. But the west end and on the panel here we have had to deal with this a lot. with large expensive homes in the west end and you live next to them and nobody is ever home. You don't have any neighbors. A lot of blank windows and little peeping lights that say "Keep away. This place is guarded". I know a lot of people, myself included, who feel that that is the worst of the changes that are happening in Aspen. 21 PZM4.25.89 . I would much rather see a proposal that doesn't depend on that kind of development. Welton: I think we all would. COMMERCIAL Alan: As noted in the memo--"During those times when the campus is not being used by the Institutions it will be available for use by individuals and other non-profit groups". The concept of using the campus for commercial use has been a continuing issue to be addressed in the review process for as far back as I can go in the files. It has always come up. .- It certainly seemed to us to be a fundamental concern particularly after talking to the representatives of the neighborhoods that have now become this task force that has addressed you tonight. They are the area that is the access way for the commercial use. They have great concerns about commercial traffic coming through their neighborhood year around and not just at the peak times of year. We also are aware that our plans, our zoning, neither of those would indicate the commercial use of the property is appropriate. What we are suggesting to you in this issue is that determination needs to be made as to whether any use of these facilities outside of the institutional use is appropriate. And if so what kinds of limits should occur on that use. Maybe some quantified basis is a reasonable approach. Some amount of commercial use may be acceptable. But the fundamental concept here should be that the commercial use is accessory to the Institutional use. That it is not a second principle thing that is going on on this property or else we have got 2 real downtown tourist zones in Aspen. Public comment on commercial uses of Meadows property. There were none. Applicant comments. Bill Kane: The lodging at Aspen Meadows has operated for 33 years. As far as we know it is not an illegal use. It is a legal conforming use within the zone district. So it is hard to argue that it is non-conforming use. Also the plan as submitted clearly represents the least potential for commercial use of any plans that have been considered to date by a fair margin. Particularly compared to the Blue Ribbon Commission and some of the recommendations which was 200 rooms plus 5 single family 22 PZM4.25.89 houses. And those 200 rooms were going to be managed on a lodging basis. That is very different from the proposal that is in front of you. More importantly is that with the kind of funds that are being expended there clearly is the hope and intention to be able to continue winter operations much in the same mode as they have been conducted in the past. And it is a very important part of the economic solution to the overall plan. It is hard to rationalize some of the investment that will have to go into these building if it is a 90 or 100 day season. King: The Meadows has 'been used as a commercial use. I was affiliated with it in 1956 and 57. The Meadows has always been open--the dining room, the Health Center, the tennis courts, the lodging accommodations. The Institute uses the facilities in the summer time. But in the last few years or so, prior to that time we have used it continually during the winter time too as conferences. But it has also been used commercially to skiers. During the time that the Copper Kettle was there, 1959 to 1966 there was more traffic commercial use of that facility than ever since that time. That is a long time ago. Most of the people living on that road except for Jim Adams didn't live there at that time. It was a lot of commercial use. Our plan is to limit the use of the Health Center and the tennis court on a very limited basis and not promote it as a commercial use. The Institutions can't be responsible for paying this deficit. So it has got to be used as a commercial use in some way as it has always been. It has never been used other than that even during the time of the summer time when the Institute has the right of first refusal on the rooms. If there are empty rooms that we cannot fill, they are sold through the Aspen Meadows or through the Grande Aspen Hotel or on a reservation basis and even through the Aspen Reservation Services so we could fill them up because we couldn't run at a loss. Gideon: What happens in the summer is we subsidize the Institutions. In other words we charge lower rates so that we can stay there. If we would have to pay the rates to make it work for year-round operation we would go out of business. So one of the things it is a Robin Hood type thing in that we do need the year round use to help pay for the non-profits who use it in the summer. Welton: Does any member of the commission have a problem with the continued use of the Institute property as described in the application in their commercial uses? 23 PZM4.25.89 Graeme: I think we should maybe know what a building is there it should be used. certain limits. they are. I think if But there should be Welton: I don't see anything on the application that says that is going to dramatically change. Jasmine: By the same token I would not be comfortable with any expansion of commercial uses that was not accessory to the Institutions. I would like to see that stipulation. I would like to make sure that that is part of the condition of approval because if we are trying to preserve the non-profit serene atmosphere I think that the existing tourist use as a subsidy for the non-profits is perfectly acceptable. And I think that there would be no problem with that. Beyond that I think you are going to have a lot of community problems. SUBDIVISION Alan: The essence of concern there was are there any actions proposed in this development plan which leave us uncertain about the future use of the property in terms of should one of the Institutions leave. One point that I heard at the last meeting was in the consortium agreement there is sort of a right of refusal if an institution is to pullout, the others have the ability to go in and take that option out. That was one note in terms of this question of future uses. The subdivision question came up at the time Roberts--there was a lot of concern raised at that time given the fact that this is a specially planned area. Given the fact the whole point of the thing is to get integrated planning for the property that every interest that is created on the property potentially fragments the process. Back at the time of that subdivision we got around that by saying regardless of the subdivision any plan must be brought forward by both entities. Obviously we have been successful to this point in bringing forward a plan that is comprehensive. But we were concerned as you continue to fragment that--is that co-operation going to be fostered or is it going to be reduced. "",.,.... Then we heard a concern particularly from the neighborhood as to what happens if this kind of plan is approved. What kind of guarantees are there that 2 years from now we are not coming back in with another plan that bails out the problem again. In the past we have looked at restrictions against development on the property and those would seem to be a desirable SPA requirement without trying to lock things in. We always, as a group, want to lock or tie the hands of future review bodies and these are ,,~"'"' 24 PZM4.25.89 dynamic institutions. Their needs will change. I think we all need to be sure that we don't lock it from that standpoint. But I would like to lock it from the standpoint of future use of whatever properties we decide are Conservation lands whether it is the race track or the lands at the bottom. I think the neighbors need to understand that they are not going to be threatened with development of those properties again in the future. Sherman Harris: As you can see from ~tem #2 on our list of goals a fundamental part of ,this plan 1S to see that the three principle non-profit groups each will own a portion of the land. I want to explain why that is so important. I think particularly from the standpoint of music and physics, their situation over the past years has been a very tenuous one by virtue of the fact that they have been tenants with leases which really have not covered or addressed their long-term needs. Because of that their future in many ways has been extremely uncertain. They have not been equal partners in the operation and the direction of the Meadows. So what the plan does is it sets aside about 8 to 9 acres for music. It sets aside about 3 acres for physics and by virtue of their control, we believe the certainty and their control over their own destiny will be considerably enhanced. It really is a very critical component to their remaining at this site on a long term basis. I want to stress that although there is separate ownership there will be agreement amongst the three entities about the operation and the maintenance of the facility. There will be restrictive covenants to insure that the aesthetic and environmental qualities of the campus will be retained. And there will be free and unrestricted access. We are not going to be fencing certain areas and saying to people you can't come onto this portion of the campus vs. another portion of the campus. with respect to future uses question: Hopefully if this plan is adopted, these groups are in Aspen now and in the future. But if for some reason one of them had to leave Aspen there is provision in this draft agreement that is being worked on by the non- profits with each other that one group leaving, the other three groups including the International Design Conference them would have a right of first refusal to acquire the property that is being offered up for sale. In addition to that there would be covenants or conditions restricting the uses to the cultural and the academic uses which currently exist. So that is one protection. 25 PZM4.25.89 The second protection is that this is an SPA area and therefor any change in use has to be agreed upon by all of the parties. Now you have three parties rather than one which agreeably makes it more difficult and maybe that is a benefit for any change. If there is any deviation in the status quo, all three would have to agree to that. Obviously the P&Z and the city Council would have to approve any change that occurs here. So we think that will go a long way and you may elect to zone this property as well through some sort of new campus or academic zoning which would underline the SPA zoning. I think you could add additional restrictions on uses if you would so like to do that. My understanding is that the Hadid group would be willing to basically forego any further development of the residential area if they were to be given the right to build these 23 units. I think that is an important element because there will not be any changes beyond what is approved through this residential zone. John Sarpa: That is accurate. Welton asked for public comment. There was none. Alan: Paul related to me the thought that maybe the formation of a homeowner's association might be another method that you could use. Paul: The reason I made that suggestion is that with these SPA's in other parts of the City in similar situations we don't know when the group is speaking for the--or the applicant is speaking for the group. with a condominium we generally have condominium associations so if there is some change to a condominium plat we know that the association has somehow processed it and submitted the application. And it may be that it would be advisable to have some kind of an organization that before any change was suggested to the Council or the P&Z Commission it was processed through an organization that somehow considered all the voting based on the respective interests. And they are presenting somewhat of a united front so we have an applicant or an association that is sponsoring the change on behalf of the whole SPA. Harris: The draft agreement that we are working on, although it is not technically a homeowner's association, there is a council basically for non-profit groups that would meet on regular days to go over how the operation is running, what the future plans are and I think we can work something out there that would at 26 PZM4.25.89 least give you a sense of these 4 groups who are working together and that they stand united. Jasmine: For some time I have thought about the importance of putting an underlying academic type zone on the campus portion of this property which I think that that would be a very key to satisfying a lot of concerns on the part of a lot of people in the community who have said "Well, what is to prevent all of these institutions from selling this to a developer who is going to put up more million dollar homes?". Alan: I would see the academic zoning as being part of the final plan. The deed restriction is a further step. The right of first refusal and the covenants and agreements and seeing those and making that part of the approval process are another protection. Paul Barnett: At the last meeting I suggested that maybe consideration should be given to having the property owned by a public entity and leased to the non-profits. One of the reasons is that even with the academic zoning you have no control over the use. The right of first refusal among the existing non- profits is fine but it still is a right of first refusal to match the price or bid from somebody else and no control over who will be the user of the property. There are a lot of academic institutions that I don't think would lend to the cultural heritage of Aspen that might very well be interested in buying into the property. I think ownership by a public entity, a long term lease to the non-profits satisfies their long term needs. It also protects the City in terms of what is going to be done by the property in the future and who is going to be doing it. We are talking about this property as being a cultural center and an important aspect for the community. You are attempting to negotiate a transaction between the Hadid group and the non- profits to provide for continued use by non-profits and an undetermined return to the Hadid group. I don't think you can do that. I think you really have to look to what the best use of the property is and what we want to do with the property and how the City can control it. Bruce: I think there is a solution to that. Whether the non- profits will buy into it or not remains to be seen. That could be done through a deed restriction where the Hadid group deeds to the non-profits individually that piece of land that they are going to get so long as it is used--and then you put in whatever entity. And then have it come to the City. That would be one way that the city could guarantee that those institutions that we 27 PZM4.25.89 want are here and they are going to stay here on that land and we can control how they are going to use the land through SPA. But then if they ever do decide to pack up and leave, the city gets the land and we can determine how it is going to be used. will the non-profits buy ,into that? Gideon: The Institute won't. The Institute presently owns 22 acres. The Institute is raising funds to renovate. We are going to have an awful lot of money into that facil i ty . We have no objection whatsoever to say that we will go along with what the academic zoning is but we certainly don't want the City to be the ultimate decision maker. If Perkins Institute or someone like that wants to come in along with us and what if some members of the city council decide that they don't like that. This is an academic institution. We need academic freedom. We are certainly not going to turn it over to the city council of the City of Aspen. Sherman: We are willing to condition the use of this property-- dedicate the use to cultural and academic purposes. I think that ought to satisfy the City and others about the use in the future without having to dictate who specific is going to be using it. Fritz: The Music Associates and the Physics are getting their land from the Institute not Hadid. Chuck Videll: I think we should remember that at one time this was an academic campus. And one of the institutions did decide to sell and put the money in their pocket and sell it to a private developer. And if that hadn't occurred and created a problem now that we want to restructure it and go back and take care of these institutions and maintain it as an academic campus. I believe that a little bit more control in some form or another whether it be what Paul Taddune is suggesting or a that owns the property which members of the foundation are the groups that we are talking about or whether the City is involved. This independent control and the problems that the MAA and the Physics Institute has had with their prior landlord and they are all unwarranted in terms of the people that were involved in the past. But I do believe that we need to structure some form to get past that and not allow these kind of license to be set up to where they have the individual control over their properties and will get this thing back into an academics campus that functions that way and functions collectively. Michael: I think the things that have been proposed tonight by the applicant certainly restrict the use of that property sufficiently. We don't have to take steps to make sure the City """,,../" 28 PZM4.25.89 owns it. I agree with what Gideon said. What concerns me is I would be concerned about city council as it changes every 2 or 4 years making a decision as to what group is there and I a lot more comfortable knowinq these groups or their successors are making those decisions. Those are decisions that are far better made by them than by City Council. Welton asked if anyone disagreed with that. No one disagreed. TRAFFIC AND HOUSING Alan: In terms of the traffic study, I don't really think there is much argument that the traffic information that has been presented right now is inadequate. The questions is what does that mean for your review. The applicant has committed to do a full computation analysis as part of analysis of the property this summer since existing data doesn't exist right now to analyze the property. That information will be available to you at the final plan stage. The question to you is whether transportation issues are of such import and given existing transportation problems in the area that those are significant enough nature that we really can't make any decisions until .we have that information. Do we not know whether any development at all is reasonable in the area. If the answer is we don't know that, I think we need the transportation information. On the other hand if there is a belief that some level of additional traffic can be tolerated but we don't know what that is, the transportation study ought to answer that. Clearly we don't have the technical basis to make that decision now using the available transportation data. In terms of affordable housing the situation is equally bleak. The applicant did an analysis of the housing question although I find it to be totally insufficient. But there is no plan for how to deal with the housing question. We really have nothing in here in the area of affordable housing except for an analysis of the impacts of the 23 residences on employee generation criteria. When we get to issue #9, we will discuss whether that is adequate and in my opinion it is not adequate at all. Bill Kane: think what be met. housing. resolution It is premature for us to be specific right now. I we are prepared to say is that employee housing will It will be p'rovided off site and it will be real untill we know exactly what the kind of final of the plan is since the number of units and peak ~_"d 29 PZM4.25.89 occupancy will drive the number of units required I think we prefer to leave it at that point now and assure you that there will be a competent housing plan that will address the code and the requirements. Parry: If we start trading density on the bluff for the low density down below, every unit you add to get out of that Conservation zone, impacts the cost. We can't present a plan at the conceptual level and I don't think the conceptual SPA intent requires that. Alan: While I fully concur with what Bill and Parry are saying that the specific numbers in a sense are an output of whatever is agreed to in the conceptual free market plan at the same time if you are totally dissatisfied with the housing plan, do you really have a concept at all? Are you g~ing to approve or are you going to get as far as final plan reV1ew to find that the conceptual housing plan is unsatisfactory and what do we have at that point in time? Welton: I think they are caught in a "catch 22". Alan: The question is, is it appropriate to have a conceptual housing plan before we start finals or just conceptual housing with the final details on the site plan. I think you are asking to get into trouble that way. Welton: I think you can ask too much too soon. In a complicated process like this the point where they have no way of judging numbers. They have no way of judging traffic, no way of judging the whims of the decision-making bodies. Whether or not the decision making bodies WQuld prefer to see it as caretaker units on site, how that impacts traffic, the whole gambit of questions. Alan: I suggest some kind of sequencing. Something subsequent to conceptual. But do you want to wait until final to see the first glimpse of the housing plan? It may be wonderful and not become a concern. If it is unacceptable, you are going to be in a process where you are dealing with final site plan and the very basic elements of the housing program for an off-site development that is going to be a 4 step review process potential. Parry: When we looked at this conceptually we made a conceptual decision that #l rather than cash-in-lieu we should provide housing. The second part was that given the impacts that exist on the neighborhoods of this site and of these activities that go on out there that it should not be on site. 30 PZM4.25.89 If you can give us at the conceptual level some direction that concurs with that or disagrees with that I think there are enough parameters to come up with a plan. And I think that we are confident enough about that plan to go ahead into final with it. Jim: I think we have to agree with off site planning for employee housing. Given the fact that we are going to agree with off site employee housing, given the fact that we are going to agree with off-site planning for employee housing If we take the proposal of the Meadows property site planning as a separate issue which is the way we are taking it now and given the fact that the off-site housing has got to be acceptable to the community and to this Board it in itself in not being acceptable in going to reject the plan I think we can go ahead with the approval of the plan on site in view the proposal of the off-site housing as a separate issue although it is inherently linked and we will inherently make the final decision on the plan. I don't see any problem really in taking a look at the Meadows site specific program without having a site specific concurrently running housing program. Jasmine: I do in that it might be deemed advisable to have some of the employee housing on site in the form of caretaker units and some of it off-site. And that would certainly effect the site specific plan. I tend to not buy the argument that you should not have employee housing on-site. In this particular instance I am more in favor of having it off-site than I usually am because there are so many other constraints on the "parcel. But I think that from the point of view of the saleability of the homes if these are going to be luxury homes that having the existence of caretaker units might in fact make the property more saleable for the people who are going to buy and it might be a very good decision for the developer and for the community. And I think that the inclusion or lack of inclusion of these on-site is a complicated issue and that could effect the site planning. I would like to have that taken into account a little earlier than coming in with it at final. Board consensus as to on-site vs. off-site. Jasmine: I think there are good arguments to be made for both having some on-site and having none on-site. I don't think there is anybody here who wants to see it all on-site. But that a mix might be appropriate or all off-site might be appropriate. Jim: I would like to suggest we leave it to the applicant to live and die by their own efforts on this particular issue. If 31 PZM4.25.89 they want to come in with no employee housing plans to file and fail at that point, it is their coin to toss. If they want to come in earlier and get some sort of approval, that is fine. Graeme: approve whether will be I agree with Jasmine a design for this site there is going to be on-site. in a sense to design this site or we need to take into consideration roughly how many employees there I think there should be some kind of rough number of how many on- site employee units there will be here and what is the best both for the non-profits and for town and try and pin that down. I understand their problem of not being able to come up with specific plan off-site but I am not in favor of everything down to the end. So I think that number needs to be kind of zeroed in on a little bit. I wouldn't feel real comfortable approving something when I don't know very much about it. TRAFFIC George Vicenzi: I think it is required at the conceptual stage that a transportation study be submitted. This development is not in a vacuum. It is in the middle of a residential area. If I were Aspen I would want to know what the traffic impacts were now and what new traffic impact would be from the new development before I made a development. It seems like this is ass backwards. I am presently working with the Planning and the Engineering Department and MAA to try and mitigate some of these problems. Bleeker and Hallam Street has been used as alternate corridors east and west for the Main Street. Smuggler Street is also being used for an alternate corridor when Main Street has a backup. 3rd, 5th, and 8th streets are at a chronic level. The parking problem due to the programs at the MAA is at a chronic level. These are all existing problems that will only be compounded by any future development down there. To quote Bill Kane from ancient history of 1976 "From a traffic point of view single family homes pose the greatest threat to the west end basically due to the undersized residential streets that would be used for access to and from town". Given these facts I have a hard time accepting the fact that you are taking this application without having an adequate transportation study. I think since we can't go further with this until June, it might be better to wait until the traffic study is done in July which would show what the actual impacts are at the high season and go from there. 32 PZM4.25.89 I think it would benefit the applicant so he can do a plan that takes these traffic problems into consideration instead of having a plan and then have the traffic study show that these plans are not the most logical for "the land. From the west side's point of view this is a major consideration--going through the residential neighborhood. This also relates to the increased commercial use. If they expand the amount of units that will be used during the summer time that they want to use as a skier housing during the winter time, that will expand the impact plus the houses will also be used in the winter time. So you are creating a lot more impact than is there now. And right now we are at a critical level. I would implore you to put off any conceptual consideration or approval until an adequate traffic study is presented. Welton: Are you planning on doing that exactly what George said? That is providing additional traffic information. Parry: We are planning on doing it all--the car counters and stuff in June, July and August. Preparation of the report would be done in September and should be ready to go in October. That way we can get full summer scope on it and it will be ready for the final and it is going to deal with the east portion of the campus as well as the Meadows road. We intend to work with the City because there is a. whole new problem on the west end and that is the result of the backup on traffic at the rush hour going out of town. People are going down the power plant road on their way through town. We were told by Planning to submit a traffic report by March 15. We went to the city and there were no existing counts for the summer so we did what we could do but we definitely intend to do a full blown report. Bill Kane: I think that everyone--everything that George said is correct. I would add that I think Francis Street is also become an east/west alternative to Highway 82. That kind of Main street overflow phenomenon 5:00 problem where the traffic starts backing up and people see the line and start ducking out and diverting through the west end to try to beat the traffic--that is really a municipal-wide Highway 82 major transportation planning concern and really deserves to be focused on. We don't want to sweep that under the rug. I guess it is not clear to us what roll this particular application plays in that travel problem. I sense that even with the additional traffic data--data is meaningless unless you have a clear understanding of how you 33 PZM4.25.89 intend to use the data. And the first go around by the consulting firm that did the study starting with January existing traffic counts and then rorecasted typical trip generations from the various land uses that are shown here and then evaluated what the resultant service level was the street level network would provide and the conclusion was not surprising. It was all service level "A". As you know travel studies go from service level A through D. A is free flowing without any hindrances and 0 is where you have stop and go traffic. E is probably gridlock. We are going t gather peak summer travel information and the conclusion is going to be that even with the projected uses the service level is going to be service level A. So unless there is a different focus, I am not sure that the travel study is going to change much. By the same token the issues that George is raising are legitimate issues but they are not engineering concerns. They don't deal with the service level of the streets. These streets are all plenty wide. The streets in the west end are all 30 and 40 feet of paving. They have an enormous capacity to deal with traffic flow. I would submit that the largest problem that we are having with traffic being diverted through the west end now is the lack of enforcement on the stop signs. The only reason Bleeker street is attractive is that everybody blows the stop signs off. They are insulted that they even have to stop at a stop sign. So I think a little friendly enforcement may go a long way in terms of making it a little more uncomfortable. We are going to go through the drill and we are going to gather this information and we are going to come back here in July and talk about it and what it is going to show is that with 4 times as much development as we are proposing, the service level of the streets is still going to be shown by any traffic engineer the service level is A. Either we have got to change the focus of what that study is looking for or we need to be given a little better direction. Alan: The issue is you have got institutions not being served by an access artery but being served by traditional residential streets. And is that appropriate and is that a reasonable traffic character to put through a residential area? We are all familiar with a school or a hospital that is on an artery where the traffic goes to it by an artery. Here we are accessing it on traditional neighborhood streets and do these people have to expect that level of resldential traffic. We ought to be looking at alternatives. We ought to be looking at the character of what it does to the neighborhood. Of course the streets are wide 34 PZM4.25.89 enough to serve the amount of traffic because it is not a full blown commuting pattern as we all know it. Bill Kane: Some of those issues then we can actually be focusing on right now. We don't have to wait till July to talk about it. Alan: this. That is the point. I do think we can analyze a lot of Michael: What are we going to do if we find that the traffic study indicates that the roads somehow are insufficient for the institute and the non-profits. Are we going to turn around and tell them they can't be there any more? Alan: Obviously we are going to look for ways to reduce the traffic impacts from those. Michael: It seems to me that 23 more homes can't create that much more traffic. Alan: It is not the homes. It is the change in the use pattern on the property and it is what is there right now. Michael: But there is a use pattern any statistics to show what was there the statistics we get this year to. is my point. It is not that they They are already there. there already. Do we have last year so we can compare These impacts exist. This are creating these impacts. Alan: what we years. because A lot of the focus of both transportation and housing is haven't been accommodating through planning efforts for Not that 23 hou~es brings it to a whole new increment it doesn't. George: What is there now is not acceptable. You have got a chronic level for the neighborhood. The proposal before you will increase the level of usage. We just want to make sure that this present problem is taken into consideration when you consider the plan needs. It is not a matter of the streets being able to accommodate the traffic. It is the quality of life in the neighborhood. UNMET NEEDS Welton: I can open here with my feelings on needs. And that is why start with them now? Nobody else has ever had to meet unmet needs. Alan: #1. We have been trying to look to larger and larger degrees at unmet needs from existing operations. But I think ~,,--- 35 PZM4.25.89 more importantly this is an extremely large operation that has not been historically meeting its needs in terms of either transportation or affordable housing. The suggestion is, is it time to do that? I look back at the files and was quite frankly surprised to find that this had been not only an issue but it was an assumption that if you didn't look at the increment at all--I think this idea of looking at the increment is something we have created in the last few years. I don't know if I am responsible for that or other people but when they looked at the institute back in the '75 to '78 period, people were looking at the housing needs for the operation, period. And there was a percentage of the operation that was to be housed. Bill Kane: But in that era there also were no employee housing generation created. Gideon: There is 2 elements here. The element of the new and the element of the existing. Clearly we intend to comply and meet and not exceed those requirements of the new. But the burden on the non-profits and the major amount of money that we have to come up with just to accommodate the renovations and convert what we have which is barely usable to usable is requiring the non-profits to go out and raise millions and millions of dollars. There is no money available. There is not funding available to in addition to that to try to accommodate unmet needs that were required in the past. There is no way that the funds are available for us to meet those additional needs. Welton: This, to me, seems like the least attractive candidate on earth to hit up with employee housing generation fees for needs that were generated 20 years ago. Jasmine: Well, I disagree. The point of the fact is that employee housing and the dislocation of residents of this community is probably the single biggest issue facing this community right now. And the fact that certain entities did not provide it before well they didn't provide them before so why pick on them now? That is a kind of a weak argument. I agree that obviously you don't. have a lot of money. But somebody is going to have to pay for this. Everybody is going to have to pay their share. And I think that the non-profits are going to have to pay their share just like everybody else is going to have to pay their share. This is a community wide problem and everybody has to participate in the solution. Jim: In less than a year and a half we have had the Ski Corp expansion of Little Nell's. We have had the Ritz Carlton. We have had the Hotel Jerome come through here and we have not asked any of those people to make unmet needs as part of their plan for the SPA. I have a really difficult time dealing with this 36 PZM4.25.89 particular group who is made a great deal specifically for the unmet needs of non-profit groups to hit them up for the first person, the first time, we have picked these people and we just had a change of use at the Hotel Jerome 2 weeks ago. And we didn't address unmet needs for things that went on there. I have a very difficult time picking this particular group for the very first time. Michael: I think that this is a community problem. We should raise taxes to solve it. If we ask these people to do it we are going to see the Vail Music Associates, the Breckinridge Institute and wherever Physics can go to another place that has got a much cheaper surrounding. They just can't afford to do it. And to ask them to do it is committing suicide. Bruce: I agree with what Mickey said. Graeme: I think this is a nit-picky question. I think you have got to look at the whole plan and try and make it work as best you can rather than nit-pick about whether the needs were there before or after. Alan: Do you feel the same about the unmet transportation problem? Welton: Not necessarily. Jim: Transportation isn't going to be borne strictly by the non- profits. The transportation problem is going to be borne by the entire presentation. Alan: But if we look at this simply in terms from the 23 residences, the 24 music units, the be that there were no transportation impacts. guarantee it. of the increment net result would Next issue. I Welton: Do you have any problem looking at transportation in the overall context of transportation. Bill Kane: I think we have to do that. That is understood. Parry: As long as we don't get saddled with things like that are truly community problems. Jim: The City is going to have to take part in those plans too. It is a municipal problem as well. Welton: We, as a Board, cannot have intelligent discussion of any transportation issues without Roger. That, in and of itself, means that discussion doesn't happen until July. 37 PZM4.25.89 HPC REVIEW Welton: This is the one I have strongest feelings about that I have shared with Bill and with Parry. My little speech is that we all have stood by and watched victorian architectural heritage of our house get chewed up by bulldozers over the last 10 years and primarily over the last 2 years to make room for spec single family and duplex structures. And I will not stand by and watch Herbert Bayers' work on the Aspen Institute Campus go for the same highest and best use single family spec houses. That is just the way I feel. Jim: Are we talking about specifically which exists or are we talking about architecture that goes on on the project? the Institute building HPC review over all .,.."'...... Bill Kane: There are a lot of ideas that have been raised here. We have got to go back to the drawing board and see how we can respond to them. I think that procedurally, I think the thing we are most interested in is trying to achieve agreement on the procedure for HPC review. Our recommendation would be that you don't refer a plan to HPC that does not have a high degree of possibility for being approved by this commission so that we don't send something prematurely to them that comes back with comments and then we get caught in a ping pong game back and forth between P&Z and HPC. We have heard the comments about the trustee house. We heard Welton loud and clear about Herbert's buildings. We have heard the comments about the conservation lands. There are a lot of economic calculations to be done here and I think that we are going to come back with something that tries to address those issues. until we get that down on paper and show it to you we could be raising a tempest in a tea pot here. Gideon: A concern I have is we have identified an awful lot of sacred cows. It really puts us in a bind. It is almost like starving in India because you cant eat the cows. We have got the conservation. You have go the buyer. We have got all these areas that are needing to be preserved and I think there has to be some recognition that you can't be all things to all people. There are going to have to be compromises in terms of the Conservation area, conceivably the Bayer property as well as the 5 plans for the 5 important things for the non-profits. It is great to leave here saying conservation is great and we want to preserve that. The Bayer residences are great. We have '~~.>.-' 38 PZM4.25.89 to preserve that and pretty soon there that we are willing to compromise. little bit but everybody else is going no plan to deal with. has to be an understanding We are willing to give a to have to also or we have Jasmine: Is he trying to say that we have to be reasonable? Welton: I think so. Parry: Can we get indication from the other members of the Commission in regards to when specifically those buildings which we are considering demolishing on the campus and their importance? Welton: Herbert the New Those are the Herbert Bayer trustee houses and the Bayer Health Center. Both of which will be featured in York Times within the next month. Parry: Welton, I appreciate that. We understand exactly where you are coming from but you are 1 vote on this Commission and we would just like to hear some direction. Graeme: I would like to ask somebody from the Institute if they are functioning well or are they serving a purpose or are they structurally mechanically in good shape. Bill Kane: They are all deplorable. The only acceptable uses that we could use are the Kresge and also the dining room area. The rest of them are junk. They were built very inexpensively in 1954 or 1955. And I think if Mr. Bayer were alive today he would say "Let's do something to them." The plumbing is gone. The reason that Mr. Hadid has to put in some more is so we can USe them on a very limited basis in the summer time. We are talking about paint and bubble gum and stuff like that just to hold them together. The Health Center--5 years after it was built in 1955--the plumbing all went out. It all had to be changed. The roof leaked constantly all the time. The sod looks nice but it is just not a worthwhile building. A long time ago Bayer told us "Tear it all down. Everything on the campus. Only save the landscaping." They just are not functional buildings at this time. Now I am not speaking for the Institute. The only 3 buildings that I feel are historical are the Paepcke Building, the seminar Building and the Boetcher Building. The rest of them any architect could have done especially the trustee houses. They were referred to before the vegetation growth as the chicken coops because they looked like chicken coops. 39 PZM4.25.89 Joe Wells: Something needs to be set straight for the records. We were totally in the dark on the rating of the buildings. The history of the rating was in 1986 I think during the period the property was in receivership. The inventory was re-examined and at a public hearing these buildings were given the highest rating available in the city's rating system without regard to an examination of the buildings--their condition or their structural condition and without notice to the owners so that the owners could undertake some sort of inspection of the buildings. So for the record this was news to us that these buildings were rated the highest rating in the City's system. Alan: rated. To my knowledge we did provide notice to people that we I would have to check the records. Welton: In our latest round of discussion on preservation of historic structures one of the least credible excuses for demolition of an historic structure or a structure of this historic importance, which is what these are, is lack of maintenance. "'- What do the other members of the Commission feel about the preservation of the 2 Herbert Bayers structures? Graeme: I personally wouldn't hold up an otherwise good plan to save them. Although I think that the possibility of refurbishing them or, I am thinking of the trustee buildings, should be looked into. I doubt if they could be re-Iocated because they are on the hillside. Welton: The trustee houses I think are in remarkably good condition inside and out. I have only been in a couple of them within the last few years. Those were designed for that cliff and they really fit the side of the cliff and they are really sited beautifully and the architecture is a good example of his later work. The Health Center I think if it could be moved--the Gage Davis site plan showed a health center located adjacent to the restaurant. I think that is a possibility but Parry said moving the trustee houses over to the north cliff--well those houses were very sensitively sited to the west cliff and to the Castle Creek Valley. And I don't think they would work anywhere else. I think the gym could be moved. Your access road is going down in roughly the location of the access road goes in front of those houses now. Graeme: Would it make any sense to try and have some HPC people go up there and make some kind of an assessment and advise us? I 40 PZM4.25.89 am not even familiar with the Chalet Building so I don't feel confident in making a judgment. Bill Kane: I think the HPC review really ought to come at the end of this planning process with P&Z. You really just introduce another whole cast of characters into the discussions. Graeme: The only buildings that you are talking about--Bayer Buildings are the trustee buildings to potentially demolish and the Health Center. I would like to go over there and have a better look at the buildings and such before I felt confident. Jim: I feel that the completion of a good plan for the community hits upon a note where we are creating a smithsonian Institute here for buildings which would--elements of his architecture have been displayed better and are in better condition and that these elements themselves if Herbert Bayer were alive today would probably say "You either present some of my best standing work" --I don't think that I would let them stand in the way of a community benefit and plan. Michael: I agree with Jim. h,,,"' Bruce: with apologies to you and Mr. Bayer I certainly would not hold up the plan for those trustee houses or the Health Club. I also should say that I wouldn't hold up the plan for song birds over the MAA. If it comes down to that I am for the MAA instead of the song birds in the environmentally sensitive area. Jasmine: I don't feel' as strongly as Welton does about the preservation of the Bayer architecture. On the other hand since I don't presume to speak to get these messages from beyond the grave as to what Bayer himself would have wanted, I don't think that is a relevant point of discussion either. Who knows what he would have wanted? I think that to the extent possible that you can renovate, bolster or use in any way those houses or perhaps moving the Health Center--I think that should be done. I also think that the trustee houses which mayor may not be in a state of good repair are particularly well suited to their location. And that comes into site planning issue that although your current plan does not show houses in that configuration in that location, I think that is a good use of the site. so I think it might be a good idea to explore using those houses where they are because it makes sense from other points of view. I would just like to see you take that into account. 41 PZM4.25.89 Welton: I think I spoke for myself. We have discussed all the issues. Do you feel you will have enough to tide you through the spring vacation? Parry: We have plenty of clear guidelines. Jasmine: I will move that we continue this public hearing to date of June 13, 1989. Michael seconded the motion with all in favor. Meeting was adjourned. Time was Janice M. .~,..",.. 42