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HomeMy WebLinkAboutminutes.council.20070212 Reeular Meetine Aspen City Council Februarv 12, 2007 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 2 · Resolution #9, 2007 - Contract Loris and Associates Main Street Sidewalk .........3 · Aspen Country Inn Rent Reduction........................................................................3 · Resolution #11,2007 Contract - Truscott Roof Repair ..........................................3 · Resolution #10,2007 - Contract - Purchase Video Projector for Wheeler ............3 · Board Appointments ............................................................................................... 3 · Minutes - January 22,29, 2007 ..............................................................................3 FIRST READING OF ORDINANCES.............................................................................. 3 · Ordinance #4, 2007 - Amending Housing Guidelines ...........................................3 · Ordinance #3, 2007 - Extension of Moratorium (Ordinance #38, 2006)............... 3 · Ordinance #2,2007 - Amending Commercial Core Moratorium #2 .....................3 RESOLUTION #8, SERIES OF 2007 - Temporary Use Aspen Institute Tent ""'"'''''''''' 4 ORDINANCE #40, SERIES OF 2007 - 434 East Cooper (Bidwell Building) Historic Designation......................................................................................................................... 5 ORDINANCE #41, SERIES OF 2006 - 625 E. Main (Stage III) Building Redevelopment ...........................................................................................................................................10 ORDINANCE #49, SERIES OF 2006 - 307 S. Spring (Wienerstube) Subdivision........ 15 I --~'''~_.'~~'"'''----'''-^-' Reeular Meetine Aspen City Council February 12, 2007 Mayor Klanderud called the meeting to order at 5:05 p.m. with Councilmembers Torre, Tygre, Johnson and DeVilbiss present. CITIZEN COMMENTS 1. Toni Kronberg said the next regular municipal election is May 2007. Ms. Kronberg suggested the city use computer modeling to simulate proposed projects. COUNCILMEMBER COMMENTS 1. Mayor Klanderud said a significant portion of the past RFTA agenda will be discussed at the Elected Officials Transportation Committee meeting this week. 2. Councilman Johnson complimented the community development department staff on a great presentation made at the Preserving Colorado conference. 3. Councilman DeVilbiss stated he received an anonymous threat on his telephone message machine. Councilman DeVilbiss said this is a cowardly thing to do and the citizen should phone him to talk about issues. 4. Councilman Torre asked staff about the computer modeling. Chris Bendon, community development department, said over the last year the technology has been perfected. Bendon said his department has received funding to review projects in Sketch Up to present projects in 3 dimensions. 5. Councilman Torre commended the Wheeler staff for a great local event last weekend, the Laugh your Aspen Off. CONSENT CALENDAR Mayor Klanderud said the Aspen Country Inn Rent reduction was discussed at the last meeting and Council's preferred course of action was referred to the Housing Board who agreed with lending housing funds to pay off the ACI mortgage. Mayor Klanderud said she would like the January 29,2007, minutes to reflect action Council took at that meeting on Resolution #6 regarding the development of a state energy plan to consider the costs and benefits of non-renewable fossil fuel energy production. Councilman Torre moved to approve the consent calendar with the January 29th minutes being amended; seconded by Councilwoman Tygre. Councilman DeVilbiss said he is abstaining on the January 22nd minutes as he was not present at the meeting. The consent calendar is: 2 Reeular Meetine Aspen City Council February 12, 2007 · Resolution #9, 2007 - Contract Loris and Associates Main Street Sidewalk . Aspen Country Inn Rent Reduction · Resolution #11, 2007 Contract - Truscott Roof Repair · Resolution #10,2007 - Contract - Purchase Video Projector for Wheeler · Board Appointments P&Z - Liz Atkins; David Guthrie; LJ Erspamer (Alternate) Housing - Patrick Jones · Minutes - January 22,29,2007 All in favor; Councilman DeVilbiss abstaining on the January 22,2007 minutes, motion carried. FIRST READING OF ORDINANCES · Ordinance #4, 2007 - Amending Housing Guidelines · Ordinance #3,2007 - Extension of Moratorium (Ordinance #38,2006) · Ordinance #2, 2007 - Amending Commercial Core Moratorium #2 Councilman DeVilbiss moved to read Ordinances #2, 3, and 4, Series of2007; seconded by Councilwoman Tygre. All in favor, motion carried. ORDINANCE NO.2 (SERIES OF 2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING AMENDMENTS TO THE SIX MONTH TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE NO. 51, SERIES OF 2006 ORDINANCE NO.4 (Series of 2007) AN ORDINANCE AMENDING THE ASPEN/PITKIN COUNTY EMPLOYEE HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY Councilman DeVilbiss moved to adopt Ordinances #2, 3, and 4, Series of2007, on first reading; seconded by Councilwoman Tygre. 3 Reeular Meetine Aspen City Council February 12, 2007 Councilman Torre asked about notification for leave of absence and after a year does one get back into the lottery, does the housing office need prior notification. Tom McCabe, housing director, told Council, his department looks for documentation on the leave of absence and the reasons for it. Councilman Torre said a person would be able to prove their time period of absence at a later date. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Tygre, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #8, SERIES OF 2007 - Temporary Use Aspen Institute Tent Jessica Garrow, community development department, told Council the Aspen Institute received approval in 2005 to construct a tent for summer use in 2005 and 2006. The approved tent was 60' by 100' with a catering wing measuring 20' by 40'. This was reviewed by HPC and city departments. The approval for the tent was from July I through September 28. The new Doerr-Hosier building is opening this summer which will give an additional structure for Institute activities. The Aspen Institute is applying for a temporary use for a tent in 2007 rather than for the tent as a permanent structure to give time to gauge the needs for a tent in the future. Following the operation this summer, the Institute will determine if the tent is needed and if so will apply to amend their SPA. The tent does have visual impacts on adjacent properties and the applicant has shortened the request for tent operations to two months instead ofthree months. This meets the review criteria for a temporary use. Ms. Garrow said the events in the tent must abide by the city's noise regulations. Jim Curtis, representing the Aspen Institute, told Council the Institute met with representatives of Pitkin Green and Pitkin Reserve. Curtis said there was an agreement to extend the temporary use permit for one additional summer. Curtis said based on the use of the new building, the Institute will evaluate their needs regarding the tent and will continue conversations with Pitkin GreenlReserve residents. Curtis said there is not enough information about the Institute's needs and the tent with the operation of the new building. Curtis told Council the neighbors made the applicants of the noise issue resulting from events in the tent. Curtis said the Institute understands they are governed by the noise ordinance and will make staff and event coordinators aware of this regulation. Mayor Klanderud opened the public hearing. Fred Peirce, representing Helen Stone resident across the river from the tent, told Council the tent is close to the edge of the bank and the visual impact is fairly large; however, noise is a bigger issue. Peirce said the Institute has 3 events there but there are other events there, like weddings, which go late into the event. Peirce said the food service is especially noisy with trucks idling and unloading. Peirce noted ifthere is a temporary structure up for 4 months, there is a temptation to use it. Peirce said the residents would 4 Reeular Meetine Aspen City Council February 12, 2007 not object to the tent being up for Institute events only but not for 4 months, and would like a condition in the resolution that the tent be limited to the 3 Institute events. Steve Hansen, representing Pitkin Reserve homeowners, stated they are concerned both about the noise and about the way the tent looks. Red Mountain acts as an echo chamber and the residents can hear every noise. Hansen said the site was left unsightly after large events. Mayor Klanderud closed the public hearing. Curtis said this application is for one month shorter than the last two years. Curtis said he does not know what other events the Institute would like the ability to hold in the tent. Ms. Garrow suggested the applicant provide a noise suppression plant to environmental health department prior to occupancy of the tent. Mayor Klanderud said she understands the importance of seeing how the new building works in conjunction with the tent and does not see the necessity of using the tent for other events. Mayor Klanderud said she thought only Institute sponsored events were held in the tent. Mayor Klanderud suggested screening on the back side of the tent. Council agreed with limited usage, a sound plan especially to address the food service and screening. Councilman DeVilbiss moved to continue Resolution #8, Series of2007, to February 26; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #40, SERIES OF 2007 - 434 East Cooper (Bidwell Building) Historic Designation Amy Gutltrie, community development department, told Council this is a 9,000 square foot parcel in the CC, commercial core zone, with an existing building built in 1965. Ms. Guthrie noted this building was before the HPC for a demolition approval, which was supported by HPC. Council called up that decision for discussion, did not overturn HPC's decision but requested staff pursue landmark designation. Historic landmark designation requires HPC review and they recommended against historic designation by a vote of3 to 1. Staff recommended designation at HPC and at Council. Ms. Guthrie stated there are criteria that need to be met for historic designation. The property needs to have architectural integrity and has to be associated with an event, pattern or trend, a person or physical design that has significance to Aspen. Staffs recommendation is that the property meets at least two of those criteria, and it only has to meet one. Staff finds this property important for its association with Fritz Benedict, his design philosophy and the products of his office. Ms. Guthrie told Council age is not a criterion for historic designation; there is not a minimum age but ifthere is not owner consent, the building must be at least 40 years old. This building is more than 40 years old. Ms. Guthrie said designation does not require a debate about the future ability to rehabilitate the building but rather its historic merits and whether it makes a contribution to Aspen. 5 Reeular Meetine Aspen City Council February 12, 2007 Ms. Guthrie pointed out most ofthe buildings in the CC historic zone are Victorian, which is why the historic zone was formed. There is no prohibition against buildings that might have made a different contribution. Ms. Guthrie said Benedict's office designed a building they thought appropriate for the context at that time, and just because the building is different from its surroundings, does not mean it should not be designated. Ms. Guthrie stated Fritz Benedict made many contributions to the community, including receiving the Greg Mace aware, Aspen Hall of Fame, Colorado Hall of Fame, father of modern Aspen. Benedict was a planner and involved in the development of recreation, the 10th Mountain system, preservation of open space. Ms. Guthrie said the building is characteristic of modernist buildings of the time, in particular the Wrightian design; however, it is not so purely Wrightian that that is the only consideration. Ms. Guthrie pointed out there is an integrity scoring system where points are assigned to certain aspects of buildings being considered for historic designation to make sure the building is in tact enough to gurantee it represents original design. The assessment on this property is 96 out of 100 points; 75 points is the minimum. Ms. Guthrie noted this building is one ofthe best remaining buildings of Benedict's work and one of the few examples of his commercial designs. Ms. Guthrie said staff feels Benedict was a creative designer who made important contributions to Aspen's environment. Ron Sladek, Tatanka Historical Associates, said post WWII architecture is an issue that communities all over the country are struggling with. The Bidwell building is one of the few commercial buildings identified as designed by Benedict. Many of the Benedict designs have been demolished or extensively remodeled. Sladek noted it is important to consider this building in the context of what was existing in 1965 when it was designed. Sladek said this building is an excellent example of post WWII architecture. Sladek said this building is a product of Benedict's office, even if staff architects were involved in the design. Herb Klein, representing the applicants, asked why Sladek was hired. Sladek said the purpose was to look at Benedict's architecture and try and determine whether the building had any importance in relation to Benedict's other known architecture. Klein asked if Sladek is aware of the HPC and their role in historic preservation. Sladek said his understanding they are to review demolition requests and development applications. Klein asked if Sladek were an expert on historic regulations. Sladek said he is not an expert on regulations but on documentation and analysis of historic properties. Klein asked if post WWII denotes a time or a style of architecture. Sladek said it denotes a time. Klein asked ifthere is anything in the Bidwell Building that is Victorian. Sladek said there is not. Klein asked about the integrity criteria and does it mean how much the building has changed since original construction. Sladek said yes and the degree to which the changes have diminished the building's appearance. Klein asked if there is another modern era building in the commercial core that has been land marked. Sladek said he was not aware of one. Klein asked if the first of a kind should not be an exemplary property. Sladek answered it depends on how the project is presented. Klein 6 Reeular Meetine Aspen City Council February 12, 2007 asked if the Bidwell Building is exemplary of anything. Sladek said it is a good example of mid-century architect and of the architect, Fritz Benedict. Klein asked ifit is an accepted standard to landmark all buildings of a specific architect. Sladek said no. Sladek noted the Wrightian approach was to design a building that fits in with its environment and this building fits in with its urban context. Klein asked how the sunken courtyard fits into the natural environment. Sladek said it creates a sense of open space on the corner. Lisa Purdy, historic consultant, told Council she has been involved with historic preservation for almost 30 years and outlined her experience in Colorado. Ms. Purdy agreed the post WWII area is difficult to deal with. Ms. Purdy told Council she has been retained to determine whether this building qualifies for designation under the Aspen criteria. Ms. Purdy said she reviewed the past files and the processes this building has gone through and the thoughts when the downtown historic core was created. The purpose of the downtown historic district was to preserve the Victorian character and 24 buildings were listed as contributing to the district, all of these buildings are Victorian. Ms. Purdy said the Bidwell building is only 40 years old and it is difficult to say that this building is important enough to designate at this moment. Ms. Purdy agreed with HPC that this building does not meet the criteria set by the city for historic designation. Ms. Purdy said the aim is to build up the value of preservation in a community and ifthe city is going to state a building is worthy of historic designation, the building should live up to something the community can understand. Ms. Purdy opined the Bidwell building is not worthy of designation. Ms. Purdy said she is not refuting the importance of Fritz Benedict. Ms. Purdy said Benedict's expertise was in residential, not commercial architecture. Ms. Purdy told Council the designer has said Benedict did not have much of a design role in this particular building. Ms. Purdy said the arcade style is not a good style for commercial tenants; the windows are hidden from view. Arcades are not a Wrightian design. Ms. Purdy said the sunken courtyard is a detrimental feature of this property. The design guidelines for the commercial core, based on Victorian buildings, have the buildings brought to the street lines. Ms. Purdy said she feels the reasons for designation in the report are contradictory, like the building has a uniquely Western look, harkens back to pioneer buildings, is modernist, shows a creative Western approach, has a touch ofWrightian influence. Ms. Purdy stated this building's design influences are mixed and none of them are strong enough to stand out. Ms. Purdy said this building does not contribute to or enhance the commercial core district; it does not represent any significant defined architectural style; the building is not the best example of Benedict's commercial work; and the building presents little that is unique or distinctive. Mitch Haas, representing the Bidwells, said the city's historic preservation design guidelines make it clear what the commercial core district is about. Chapter 13 states, "the heart of Aspen centers around the commercial core historic district. It is the first area developed in the early mining days of the town, and its character reflects its rich mining heritage, which is the image that many carry with them ofthis historic Colorado 7 Reeular Meetine Aspen City Council February 12, 2007 mountain town. Each historic building significantly contributes to the integrity of the district" . Haas pointed out the guidelines state buildings create a strong edge to the street traditionally aligned on the front lot lines and built out to the full width of a parcel. Haas said this uniform wall of building front is important to the historic integrity of the district and should be preserved. Haas said it would be difficult to say this building meets that criterion and that the building should be a landmark in the historic district. Haas said the guidelines also say that buildings should be visually interesting to invite exploration of the area by pedestrians. Haas noted this building does none of what is outlined in the design guidelines. Haas said the guidelines also state that many buildings on corner lots exhibit special features to add accents. Haas said this building detracts from the integrity ofthe commercial core historic district. Haas said the building recedes away from the street and from the pedestrian ways; it does not have an inviting entry or any prevalent store windows. Klein submitted for the record the National Register Bulletin referred to in Ms. Purdy's report. Ms. Purdy said this bulletin talks about how to interpret the criteria. Klein stated this may be the most important corner in town for visibility and functionality. This building has not been successful and is not considered a beautiful building. Mayor Klanderud opened the public hearing. Les Holst said in order to maintain the character of Aspen, there is historic designations and historic districts. Holst said Benedict was a site specific designer. Holst said he feels some HPC members disregarded the staff presentation. Holst said the city should not let a building go out of a historic district unless they know what is going in. The HPC should not have granted a demolition permit for the Bidwell building. James Anderson, Kemo Sabe tenant in the Bidwell building, said they have something new, something that would be more in line with the historical guidelines. Anderson said the Bidwell building had a life span and it is past that. Anderson said this is an A+ retail location and it should be a showcase corner. Carlson said this is an opportunity for the applicants to do something spectacular on the site and an opportunity for the city to get a new building with input on the design and its evolution. Toni Kronberg said the property including the courtyard and the building is the entire site to be designated. Ms. Kronberg stated she favors historic designation. Ruth Kruger, P&Z Chair speaking for herself, said this property is an illustration of bad open space. The building is functionally and structurally obsolete. Ms. Kruger said she does not think this building should be preserved. Mayor Klanderud closed the public hearing. Mayor Klanderud noted originally the HPC granted a demolition permit for this building. The building is not designated historic but is in the historic district, and the HPC has 8 Reeular Meetine Aspen City Council February 12, 2007 oversight on redevelopment. Council requested the demolition approval be called up; the majority of Council voted to uphold HPC's decision and also decided to request historic designation of the property against the wishes of the property owner. This was referred back to HPC, who denied historic designation. This is the final vote on the designation. Councilman Torre asked why Ms. Purdy was contacted. Ms. Purdy said she was asked to evaluate whether or not the Bidwell building had historic significance. Councilman Torre asked if commercial viability is part of a historic evaluation. Ms. Purdy said that is not necessarily used as criteria. Councilman Torre stated he wanted to call the demolition approval up and he finds this building worthy of historic designation. Councilman DeVilbiss said he needs time to read the exhibit just entered as well as time to consider the questions asked by Klein. Klein withdrew his request to enter the National Register Bulletin into the record. Mayor Klanderud stated the city's code outlines the criteria used for designating buildings as historic. The city is not following the national regulations but is following the city's historic preservation code. Ms. Purdy noted research says communities need to be careful when designating newer structures that they are of a very high and enduring quality and can be held out as an example ofthe best. Councilman Johnson asked Ms. Purdy when she was going through . the criteria and the National Register did she look at all the instances where examples are given of how the criteria should be considered. Ms. Purdy said she did. Councilman Johnson said these seem selective in arguing against designation. Councilman Johnson said a community should preserve the history they have, not the history they wish they might have had. This building is Aspen's history. Councilman Johnson said he feels all 3 criteria in the historic preservation code have been met for this building. Councilman Johnson noted lack of functionality, commercial viability, property values are not part of the criteria. Whether this building is an example of Benedict's best work are not part of the criteria. Councilman Johnson stated what is objective is the city's criteria. Criteria # 1 the fact that the renaissance of Aspen as a ski resort and destination is a significant contribution and the renaissance was not complete by 1965 when this building was built. Councilman Johnson said the political change in Aspen in the 1960's and 1970's surrounding growth and the direction to take was an on going argument and Bidwell played a part in that. This is mentioned in the Aspen guide book and Peggy Clifford's book. Both Fritz Benedict and Bert Bidwell are mentioned as contributing to the history of Aspen. Councilman Johnson stated the distinctive characteristics of modernism, regionalism, mountain style, Benedict's Wrightian influence are present in this building. Councilman Johnson said he has to judge whether this building is worthy of designation in Aspen. Councilwoman Tygre said she has concentrated on the criteria and whether this a significant building. Councilwoman Tygre noted the criteria are very specific and commercial viability of a building is not one of the criteria by which to evaluate this project. Councilwoman Tygre said concern about demolition is what may take this building's place rather than losing this particular building; however, that is not part of the 9 Reeular Meetine Aspen City Council February 12, 2007 consideration. Councilwoman Tygre stated she agrees with HPC's recommendation and does not support designation. Councilman DeVilbiss agreed there is a fear of what would replace this building ifit is not preserved. Councilman DeVilbiss stated he does not see that the Bidwell building offers any significant contribution to the commercial core. Councilman DeVilbiss stated he does not support designation of this as a historic building. Councilman DeVilbiss agreed that designating this building puts at risk the community support for historic preservation. Mayor Klanderud noted 8 years ago the credibility of the historic preservation process was in dire straits and the city spent time and significant work to take out as much subjectivity out of the code as possible. Mayor Klanderud said the city's code is now an award winning and credible code. Mayor Klanderud said this discussion is about historic designation initiated by the city and the building should be a superior building. Historic preservation is not about scale and massing; historic preservation is about historic preservation. Mayor Klanderud said it is important to preserve significant buildings. Not every single building should be preserved. The decision for historic preservation has to be made on the merits of the application. Councilman DeVilbiss moved to adopt Ordinance #40, Series of2006, on second reading; seconded by Councilman Torre. Councilman Torre noted nowhere in the city's historic preservation criteria does it state that it has to be the very best to be designated. Councilman Johnson said if Benedict's work does not rise to the level of historic criteria, he does not know whose would. . Roll call vote; Councilmembers Tygre, no; Torre, yes; DeVilbiss, no; Johnson, yes; Mayor Klanderud, no. Motion NOT carried. ORDINANCE #41, SERIES OF 2006 - 625 E. Main (Stage III) Building Redevelopment Jessica Garrow, community development department, told Council changes have been made since the last public hearing. The first change is that one affordable housing unit has been added on the 2nd floor along the western property line. The new affordable housing unit replaces an office space on that floor. There will now be 5 affordable housing units, 1 free market unit and I offices space on the 2nd floor. The total mix is 5 affordable housing units and 5 free market units, housing for 8.7 FTEs in 3,534 square feet which exceeds the required mitigation by 40%. Ms. Garrow pointed out the second change is a drop in height and more modulation and new materials. The mechanical equipment on the roof is now 39.5', including the elevator. The roof along Main street is 37.5' and 36.5' to meet Council's request ofa varied roofline. The second floor modules are at 28' 4" and 26' 4". These different heights create 5 distinct modules. The width of the modules vary from 16 to 18' and the 10 Reeular Meetine Aspen City Council February 12, 2007 modules are staggered in setbacks from the property line. Ms. Garrow said the different materials help the building blend into the neighborhood. The third change is the roof decks have been consolidated and are accessible to all residents of the building. Ms. Garrow said another change is the walkway to the west of the building, which will be retained for just the first story. Ms. Garrow stated Council requested more information about the large tree. The city forester looked at the tree and has determined it is under stress. The forester recommends the tree be removed, regardless of any redevelopment on this site. The applicant will work with the parks department and adjacent property owners to determine the best way to mitigate this tree removal. Ms. Garrow noted Council had conc'erns about the amount of parking in the development. The applicant proposed 16 on-site parking spaces and only 4 are required by code. Ms. Garrow said staff finds all subdivision requirements have been met. The applicant has exceeded the affordable housing mitigation requirements and the parking requirements. Jeff Jones, applicant, said the goal of the project was to meet some objectives of affordable commercial space and affordable housing. Jones noted throughout the process, the applicants have received positive suggestions and they have tried to address those concerns and have come up with a better project. Jones said this project will not supply high end retail as it is not in the commercial area. Jones said their proposal contains quality affordable housing; all the units are on the second floor, most of them facing Main street; all residents use the same entrance. There is storage for these units. The affordable units have the same ceiling heights as the free market units. This proposal is for 5 affordable units and 5 free market units. Jones said the requests for more open space and the walkway to the west came up and they will leave this walkway in for the use of pedestrians. Jones showed the renderings of proposed open space detail. Jones noted north side open spaces are of marginal value. The two renderings have the trees and planting areas along the curb and the other the trees and plantings hug the building. Some commercial area has been replaced with planting areas. Jones stated most of this building is 36'6 with two areas that go up to 37'6". This building has two commercial floors and 8' ceilings do not work in commercial spaces. Jones noted the lack of parking has been brought up and the applicants have come up with a system to add additional parking underneath the building for a total of 26 to 28 parking spaces, which is 7 times the required parking. The basement will be dug deeper and there will be lifts installed to park two cars vertically. Jones said with a 100 by 100 site, there is not a lot of room for ramps and underground parking. The applicants originally proposed private roof decks. Most residences have a way to put in some open space for tenants to get sun. The roof deck is now proposed to be available to everyone in the building. The deck has been moved to the rear third of the building and is surrounded with green space. The deck will mostly be behind the mechanical area and will be an asset to all residents of this building. II Reeular Meetine Aspen City Council February 12, 2007 Mitch Haas, representing the applicants, told Council housing this proposal exceeds the total affordable housing mitigation requirement, not the higher of the two between the requirement for commercial space and the requirement for free market space. Charles Cunniffe, architect, went over the 5 main modules, the materials, the attempt made to create a building that fits on the site and that relates to the existing buildings. Mayor Klanderud opened the public hearing. Paul Taddune, representing the Hunter Square Building, read a letter into the record stating retention of the north/south sidewalk is important to Hunter Square. The Hunter Square is concerned about the roof deck creating garbage and debris in high winds and noise nuisance through people congregating on the roof. Phil Rothblum, 624 East Hopkins, said he is gratified there will be no restaurant in this building. Rothblum said having one large roof deck will create a public nuisance and a party spot in downtown. Jim Smith, Concept 600, stated Council has asked that the building fit into the neighborhood with open space. Smith stated those requests were ignored. Smith said the applicants have compared the lowest point of their roof with the highest point of 4 nearby buildings. This building is taller than almost every other building in this area. The roof at 36' does not fit in the neighborhood. Smith said the applicant has proposed to landscape city property as their open space. Smith pointed out this is a lot line to lot line building. Other surrounding buildings have trees and greenery on their on property. Councilman Torre moved to suspend the rules and to extend the meeting to II p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Smith pointed out Stage III is 36'6"; Obermeyer is 35'; Dancing Bear is 33'; the Conner Cabins 30.5'. Smith said the Stage III building could be lowered and still achieve their goal of high ceilings. Smith recommended the primary roof height be 33' which matches the residences to the east. Smith said the roof decks should be replaced with decks outside the affordable housing units. Smith said their should be 9 or 10 affordable housing units and they should have the same amenities as the free market units. Bendon said Smith had 5 exhibits, heights, open space, heights, height, decks and affordable housing. Toni Kronberg said this project exemplifies why the city needs computer modeling. Ms. Kronberg said this is a big square box. Ms. Kronberg said all other buildings on Main street have openings to view Aspen Mountain through the building. Karen Wike, Concept 600, said this proposal continues to miss the mark and the adjacent property owners continue to note this project does not fit into the neighborhood. This is a lot line to lot line building. Ms. Wike noted light pollution is a concern in Aspen and the roof deck will add to that. The lack of parking is a huge concern. Ms. Wike said the charm and character of Aspen does not need to be changed. 12 Reeular Meetine Aspen City Council February 12, 2007 Donna Wiedermeyer, adjacent property to the east, told Council they do not have a signed agreement with the developer about how they will deal with the lot line construction and repairing any damage to their property. Tom Passavant, Concept 600, asked who will staff the lifts in the parking area. John Olsen, contractor, told Council he has installed these in private garages and they work well without a separate operator. There is a lift for each space and the driver of a car operates the lift. Olsen told Council the concerns with the property owners to the east have been worked out and it will be in writing. Paul Auvil, Aspen resident, said this is a lot line to lot line proposal. If other buildings in this block redevelop lot line to line, it will be a box blocking off Aspen Mountain. Auvil said pedestrians should be able to look through building spaces and see the mountain. Auvil said this is not what the task forces visualized for the future of Aspen. Auvil said there should be space on either side of this proposed building. Auvil said there are wonderful amenities in this town and Council is responsible for the future of Aspen. Pat Althouse, Concept 600, said she still objects to the roof decks. Giving the affordable housing units their own decks makes more sense, which would give an illusion of a more spacious interior and it is convenient. Karen Glenn, Concept 600, read a statement from Lindsay Smith of what Concept 600 owners would like; lowering the height to 33', removing the roof decks, give each affordable housing unit the same amenities as the free market units, adding enough affordable housing to meet the needs of30 additional employees, and adding open space around the buildings with setbacks and preserving the walkway, uncovered. Dick Coppock, Concept 600, said with a setback on the west wall, the employee units could get a window. Coppock said he does not want this proposal to be the benchmark of what will be built on Main street. Jackie Whitney, resident to the east, told Council the developers have been working on an agreement about the construction. Ms. Whitney said a community deck would lend itself to parties and to noise disturbance. Bill Stirling pointed out the buildings along Main street have a lot of green around them. Stirling stated he regrets there isn't more open space around this proposal. Mayor Klanderud closed the public hearing. Charles Cunniffe, architect, said the neighboring buildings were built at different times and under different codes. Cunniffe said commercial space needs windows to be at the street and not setback beyond a yard. A north facing side of the building has no access to sunlight, even if it is setback. Jones noted that on the east the Stage III building is several feet off the property line and this space acts as a trash collector. The building to the east was built to have a lot line building built next to it. Councilman DeVilbiss said this is a subdivision review and the review standards are the proposed subdivision be consistent with the Aspen Area Comprehensive Plan; the proposed subdivision shall be consistent with the character of existing land uses in the area; that the proposed subdivision shall not adversely affect the future development of 13 .,>--.~._~-'....._..."-'. -. --'--~"'--"-- Reeular Meetine Aspen City Council February 12, 2007 surrounding area; the proposed subdivision shall be in compliance with all applicable requirements of the subdivision title in the land use code. Councilman DeVilbiss said this proposed subdivision is consistent with the character of existing land uses and does not seem to adversely affect the future development of surrounding areas. This proposal is in compliance with requirements of the subdivision section of the land use code. Councilman DeVilbiss noted the proposal should be approved unless an inconsistency with the AACP is shown. Mayor Klanderud noted the existing height requirement in the C-l zone is 42'; the previous code height requirement was 40'. This building is less than either. Mayor Klanderud said she appreciates concerns about what is being built in one's neighborhood. Mayor Klanderud said where there are commercial outlets, it is important for pedestrians to be close to the store windows. Mayor Klanderud said she does not feel this proposal will exacerbate the parking in that area. This is within walking distance to the commercial core and residents can walk to work. Mayor Klanderud said she would like that residents of the affordable housing be able to leave their cars in the garage and not use them or move them daily. Mayor Klanderud stated she supports this application and this proposal alleviates many of the concerns raised. Mayor Klanderud said she does not find grounds not to approve this proj ect. Councilman Johnson said the project has merits and the applicant has been responsive to the neighbor's concerns. Councilman Johnson said building to the lotline on the east side is appropriate. Councilman Johnson said he feels a communal roof deck is a creative solution. Councilman Johnson noted Aspen does not have the luxury of not taking advantage of subterranean and rooftop spaces. The height is lower than the existing code or the previous code. Councilman Johnson said the new parking proposal addresses his concern over the public cost to the proposed mix of this building. Councilman Johnson said another issue is the public cost associates with affordable housing. The applicants have made a change in the amount of housing. Councilman Johnson stated he disagrees with staff on the meaning of subdivision. Councilman Johnson noted the land use code states "subdivision is defined as the process, act or result of dividing land into two or more lots, parcels or other units ofland or separate legal interests for the purpose of transfer of ownership, leasehold interest, building or development". Councilman Johnson said subdivision is the result or the building; it is the object. Councilman Johnson said infill was undertaken as a partnership between public and private interests. Councilman Johnson said there was a recognition the only way the city could meet its social needs was to partner with the private sector. The AACP makes it clear the city and county will keep growth within the urban growth boundary and lessen mitigation. The private sector, in exchange for being able to build larger buildings with less mitigation, was going to have to mitigate for more of the social needs created by development. Councilman Johnson said he feels the proposed mix of this building could be changed to reflect the above philosophy. 14 Reeular Meetine Aspen City Council February 12, 2007 Councilman Johnson said this proposal is not consistent with the AACP in the public private partnership and that the proposed subdivision will create spatial patterns that cause inefficiencies and will create unnecessary public costs, like requiring more city- sponsored affordable housing. Councilman Torre said he feels the roof decks are a place for tenants to get air. The free market units have their own decks. Councilman Torre stated he like this solution. Councilman Torre said he feels the roof deck is too big and would like to see the space minimized. Councilman Torre said one of his concerns is the east boundary and the zero lot line. Councilman Torre said he would like to see more green space along that edge, which would contribute to a smaller mass ofthe building. Councilman Torre said he prefers the green space along the building rather than along the curb line. Councilman Torre noted the C-l zone is to be a transition zone, which differs from the commercial core zone, and the buildings are not looking to be lot line to line with up front retail spaces. Cunniffe noted the building to the east is a lot line to lot line building with no windows. If this building were to be setback 5', it would leave a canyon and not a quality green space. Councilman Torre said any setback on the east relieves the massing of the building on this site. Councilman Torre said this is the only building in the neighborhood that takes up a lot line to lot line footprint; the mass of this building is greater than any other buildings. Haas noted the proposed design has pulled back from the lot line on the west, the front and on the alley. Haas said to the east is a cinder block wall and an open space there would be useless. Cunniffe suggested the building could be indented at the corner on the east side to give some relief. CoUncilman Torre said he could accept that. Councilman Johnson said his concerns have been the same since the beginning of this project; however, the majority of them have been taken care of by the applicants. Councilman Johnson said he still feels there are unnecessary public costs associated with this project. The applicants agreed to make the roof deck smaller. The deck as proposed is 1244 square feet. Councilman Torre said the trade off oflosing some commercial space at the corner for a little more green space is important. Cunniffe said they will amend the deck to be 800 square feet. Councilman Johnson said he is willing to support this project. Councilman Johnson agreed about the lot line to the east. Councilman Johnson stated he maintains his reading of the code and the requirements to meet the criteria. Councilman DeVilbiss moved to adopt Ordinance #41, Series of2006, on second reading with the changes to 5 affordable housing units and the 26 to 28 parking spaces with the spaces assigned to units; seconded by Councilman Johnson. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Torre, no; Mayor Klanderud, yes. Motion carried. ORDINANCE #49, SERIES OF 2006 - 307 S. Spring (Wienerstube) Subdivision 15 Reeular Meetine Aspen City Council February 12, 2007 Mayor Klanderud announced Councilman DeVilbiss and Councilwoman Tygre have recused themselves. This is an ordinance and it requires 3 affirmative votes to pass. Jessica Garrow, community development department, presented one change requested for the ordinance which is that the owner of the project be allowed to choose the first purchasers of six of affordable housing units. The housing board has approved this request as long as the purchasers of the units meet the housing requirements as for other housing units. Ms. Garrow told Council staff finds this proposal meets the criteria for subdivision and for multi-year allotments in growth management. This project is required to meet exceptional project criteria and it meets the economic sustainability, the affordable housing, green building commitment and design criteria. Staff supports the proposed design particularly the modern corner, which holds the corner and creates a dialogue with other buildings in Aspen. Stan Clauson, representing the applicant, told Council the owner ofthe Wienerstube, one of the prospective tenants, asked about allowing some of the employee housing units to be directed to businesses in the building. The Wienerstube has special needs for housing employees close to work, the ability to provide close by housing would help with the idea of affordable commercial. Clauson said there are variations in the roof heights, created by the step backs of the floors and the different modules. Clauson said Council asked about additional affordable commercial space and the applicant is willing to go on record that a bicycle shop will be part of the mix of stores in this project. Clauson pointed out the 2nd floor office space could be refigured into smaller, start up spaces. Clauson noted this project provides a considerable amount of affordable housing on site and more than meets the mitigation requirement. Clauson said the consultant, Architectural Energy, was the consultant for Burlingame Phase I, which project met 45% improvement over the International Energy Conservation Code. The Burlingame project, as tested by a 3rd party, exceeded the energy requirements by 48%. Clauson said the green building commitment is a stretch and will be hard work but it will be incorporated into the design. Clauson reminded Council there are two levels of sub-grade parking on site, 47 parking spaces, and 27 spaces are required. Andy Wisnoski, architect for the project, showed a computer modeling of the project along Hyman and around to Spring street. Wisnoski pointed out colors were adjusted to get more modulation and to differentiate the 30/60 modules. This is an attempt to represent what would historically be developed in a block of this size. Wisnoski pointed out the outdoor space for the Wienerstube on Spring street. The roofs vary from one to three stories. This is in a transitional zone. Mayor Klanderud opened the public comment for public not commenting at the first meeting. Charles McCartney, representing the Chateau Aspen across the alley from this development, said the condominium owners are concerned about this project and how it will affect the 9 units facing this building. McCartney told Council 4 units have their 16 Reeular Meetine Aspen City Council Februarv 12, 2007 only entry on the alley and this building will have a big impact on those units. McCartney asked if the back wall is modulated. Clauson showed how the south facing wall will be modulated; the 3'd floor steps back in several sections. There are insets in the building that create outdoor decks for the affordable housing units. McCartney said this is a residential building that has been on that site for 40 years. McCartney said challenges for his building will be using the parking spaces on the alley; the diminishing light on these north facing units. McCartney said there are positive aspects to the project, like the local commercial spaces. McCartney's concerns are the setback and the height. Mayor Klanderud closed the public hearing. Clauson said this building is on the rear property line but given the ramps needed for the sub grade parking and the one-way direction of the alley, and the need for commercial space, the building cannot be setback from the alley edge. Clauson said the modulated roofline provides interest and additional light to the alley. McCartney noted this is a transitional zone and the Chateau Aspen is surrounded by residential properties. The north facing units have no other exposure. Councilman Johnson said most alleys do not have setbacks and it seems more appropriate to design buildings that way. Clauson said it would be impossible to have setbacks on the alley; however, greens could be planted along the rear wall to lessen the effect and make it more interesting. Councilman Torre said this project is requesting exceptional status to get free market residential allotments from 2008 allotments. Councilman Torre said the commitment to green building, the additional affordable housing, and the retention of local businesses are what the applicants state make the project exceptional. Steve Marcus, applicant, told Council an agreement has already been reached with the Wienerstube to be a tenant, and the applicant is also working to retain the bike shop. Councilman Johnson moved to suspend the rules and extend the meeting to 11 :30 p.m.; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre stated he is opposed to 6 of the units being retained by the owners of the building or businesses. Councilman Torre said he would rather the community at large be the beneficiary of these 12 affordable housing units. Councilman Torre noted this project exceeds the affordable housing requirement by 10,000 square feet but only by 1.1 full time employee. Ms. Garrow stated this project provides for 27 FTEs in 13,960 square feet. This is a mixed use building and there are two different growth management reviews; one is for commercial space and one is for free market residential spaces. The land use code requires mitigation for the free market units based on the square footage requirement, which is where this project is 10,000 square feet over. The required mitigate for the free market space is about 3200 square feet. The commercial space requirements mitigation for 25.9 FTE and this application is over by 1.1 FTE. A mixed use project is required to satisfy the larger of the two requirements, which would be the 25.9 FTEs. 17 Reeular Meetine Aspen City Council February 12, 2007 Councilman Torre noted over mitigating by 1.1 FTE is not a lot. Councilman Torre said an exceptional project would satisfy lower affordable housing categories, not just categories 3 and 4. Councilman Torre said this project is requesting 5 out of 6 allotments for 2008, leaving only 1 free market allotment. Councilman Torre asked about a deed restriction or space for more affordable commercial. Councilman Torre said space for more local businesses would make this an exceptional project for him. Councilman Torre noted places on the building where he does not feel it is modulated enough on the Hyman street side. Councilman Torre stated he likes the Spring street side. Councilman Torre said he feels like the buildings on Hyman read as one large building and he would like to see more of a separation. Clauson said there will be more distinction with tenants in the individual spaces. Councilman Torre said the corner ofthe building looks cold and uninviting. Councilman Torre said he likes how the rising stairways invite one into the present building. Councilman Torre reiterated he has problems with the green promises and would like to see more concrete plans. Councilman Torre said he is not in favor of offset credits to meet the green percentage. Councilman Torre said he would like further explanation about how the project will meet the green percentage. Councilman Torre stated he would like lower housing categories and would like to see some internal space built for affordable commercial for the community. Councilman Torre said the applicant is asking for growth allotments from the future and to say this is an exceptional project, it should be a step into the future and move toward what the Council is trying to do. Clauson noted the housing board recommended categories 3 and 4 for these units as these are purchase units and those categories work for sale. Clauson said they would be willing to look at designating a few units as category 2. The applicants would like to have control over some of the affordable units in order to keep people working in the building in the building. Mayor Klanderud stated that is a reasonable request; the investment is the applicant's and it makes sense to provide housing for people working in the building. Mayor Klanderud said the city is trying to house workers in the community so ifit happens to be workers in this building it is still housing workers. Councilman Torre said this project should be integrated into the community. Chris Bendon, community development department, noted in the Obermeyer project, it was considered an important element of the sustainability of the commercial establishments to have some priority within the project for housing units to be allocated to businesses who are trying to get a foothold in the community. This is a balancing act with all the community goals. Councilman Johnson stated he finds this project to be exceptional, especially in the amount of affordable housing proposed and the agreement to provide affordable commercial space and to preserve one or two long term businesses. Councilman Johnson said the Council has no way to ask developers to insure this commercial space will last into the future. Councilman Johnson said this remains a model for infill projects. Councilman Johnson said he does not have a problem with the proposed use mix for this 18 Reeular Meetine Aspen City Council February 12, 2007 project. Councilman Johnson said the benefit of borrowing from next year means any project would also have to be exceptional. Clauson said the applicants looked at a different element on the corner and felt a more traditional chalet design would not confer architectural benefit. Councilman Johnson moved to suspend the rules and extend the meeting to 11 :45 p.m.; seconded by Councilman Torre. All in favor, motion carried. Clauson said this is a vibrant building and will contribute to the street scape. Retaining the Wienerstube will make this an exciting place. Marcus suggested the category 2 units be rental. Kevin Willson, Wienerstube, told Council his staff have to be at work before the buses run and it is important to his business to have accessible units in this project. Living on site is a great aspect for local businesses. Clauson said the applicants request 3 units for their first choice and would have some category 2 rental or sale units. Mayor Klanderud said she likes the design and has no problem with the contemporary element on the corner. Mayor Klanderud said the project has a variety of styles and is an interesting building. Mayor Klanderud said the commitment to green building, the lease with Wienerstube and trying to bring the bicycle shop back are all positive. Mayor Klanderud said she does not object to 6 units dedicated to employees who work in the building; some of those units could be the rental units. Mayor Klanderud said she feels this does qualify as an exceptional proj ect. Clauson proposed to reduce the number of owner controlled units from 6 to 3 and further that 3 of the 12 affordable housing units be designated as category 2. These would have to be sale units unless approved by the housing office to be rental. Councilman Johnson said if Council is serious about affordable commercial that may have to be tied to affordable housing spaces. Clauson said the green building issue is difficult before the building is engineered to come up with specific concepts. Clauson reiterated this architectural firm has worked with an energy consultant to come up with'a range of strategies. Mayor Klanderud said they have committed to upgrading the building if it does not meet the 50% requirement. Wisnoski told Council Stephen Kanipe, chief building official, said the 50% requirement would be exceptional and there are very few commercial buildings that have come close to the 50%. This is a large commitment. Marcus said the proposed rules suggest 30% of affordable commercial. This building has 12,000 square feet on the main floor and 30% affordable commercial would be 3600 square feet, which is the size of the Wienerstube. Marcus said with the bike shop, there will be 4500 to 5,000 square feet reasonably rented space. This proposal meets Council's projected codes. Mayor Klanderud said this is not a PUD, nor is architectural design review part of this particular approval. Approvals should follow the code requirements. Councilman Torre said his reasons for not approving this project is that he does not find it to be exceptional deserving of growth allotments from 2008. 19 Reeular Meetine Aspen City Council February 12, 2007 Councilman Johnson moved to continue Ordinance #49, Series of2006, to February 26, 2007; seconded by Councilman Torre. All in favor, motion carried. Councilman Torre moved to adjourn at 11 :50 p.m.; seconded by Councilman Johnson. All in favor, motion carried. 20