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HomeMy WebLinkAboutminutes.council.20070226 Re!!ular Meetin!! Aspen City Council Februarv 26. 2007 .....'." CITIZEN PARTICIPATION .............................................................................................. 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 2 . Resolution #12,2007 - Endorsing HB 1281 - Increased Renewable Energy Standards...................................................................................................................... ... 3 . Resolution #13,2007 - Contract to Purchase Wheel Loader ................................. 3 . Minutes - February 12, 2007 .................................................................................. 3 RESOLUTION #14,2007 - Contract for ARC Concession ...............................................3 SPRING JAM CORE PARTY - Noise Variance...............................................................3 ORDINANCE #5, SERIES OF 2007 - Lodge at Aspen Mountain Final PUD ................. 3 RESOLUTION #8, SERIES OF 2007 - Aspen Institute Tent Temporary Use ................. 4 ORDINANCE #4, SERIES OF 2007 - Amending Housing Guidelines............................ 5 ORDI NANCE #49, SERIES OF 2006 - 307 S. Spring (Wienerstube) Subdivision......... 5 ORDINANCE #44, SERIES OF 2007 - 134 E. Hyman (Hearthstone House) Historic Designation....... ... .............. ... ...... ... .......... ............... ... ... ...... ........ .......... ........................... ... 9 ORDINANCE #2, SERIES OF 2007 - Amending Moratorium on Commercial Core.... 15 t,~ ,...--"'" - I Re!!ular Meetin!! Aspen City Council Februarv 26. 2007 .<"'- Mayor Klanderud called the meeting to order at 5 :00 p.m. with Councilmembers Tygre, DeVilbiss, Johnson and Torre present. "~ CITIZEN PARTICIPATION 1. Toni Kronberg asked if the stop light at Truscott can be tumed off during peak hours to alleviate the traffic back up on highway 82, and would that affect the record of decision. Ms. Kronberg announced there is a meeting at the ARC on the outdoor pool design next week. Ms. Kronberg said she would like someone on city staff to help get the word out. Ms. Kronberg asked if Council is going to allow more than a 3 minute comment from the public on the land use code amendments. 2. Lee Cassin, environmental health department, announced the city is giving away radon testing kits. Radon is the leading cause oflung cancer in non smokers. Ms. Cassin said the test is easy and radon is relatively easy to mitigate. COUNCILMEMBER COMMENTS 1. Mayor Klanderud congratulated the Aspen Skiers for winning the state hockey championship. 2. Councilman DeVilbiss said the Council decided to purchase property for affordable housing without input from the Housing Board. Councilman DeVilbiss apologized for that oversight. 3. Mayor Klanderud said the County Commissioners have indicated they would like Council to hear their concerns about tearing up the carpet in the Rio Grande room before Council makes a decision. Mayor Klanderud suggested Council hear the action item on the agenda but defer action until after the joint meeting with the Commissioners next week. CONSENT CALENDAR Councilman Torre requested (d) Spring Jam Noise Variance be pulled; Councilman Johnson requested (c) Contract for ARC Concessions be pulled. Mayor Klanderud requested the February 12 minutes be clear that Councilman DeVilbiss did not vote on the January 22nd minutes as he was not present at that meeting. Councilman DeVilbiss moved to approve the consent calendar as amended; seconded by Councilman Torre. The consent calendar is: --- 2 Re!!ular Meetin!! Aspen City Conncil February 26. 2007 p-. . Resolution #12,2007 - Endorsing HB 1281 - Increased Renewable Energy Standards '- . Resolution #13, 2007 - Contract to Purchase Wheel Loader . Minutes - February 12, 2007 RESOLUTION #14. 2007 - Contract for ARC Concession Councilman Johnson asked about the provision stating one cannot bring food into the ARC. Jeff Woods, recreation department, told Council that provision is the only way the city can get vendors to bid on this contract. Woods told Council it is not strictly enforced. Woods said this has not been a problem and people are not encouraged to bring food. Woods said that provision is to prohibit someone from setting up a competing business. Woods told Council having a vendor on-site is a huge amenity not available in most other municipal recreation centers. Councilman Johnson moved to approve Resolution #14, Series of2007; seconded by Councilman DeVilbiss. All in favor, motion carried. SPRING JAM CORE PARTY -_Noise Variance Councilman Torre asked at what time the band is scheduled and who the band is. Ryan Miller, Aspen Ski Company, told Council they worked with the Wheeler so they would not interfere with the show at the Wheeler and it will be daylight savings time, so there were constraints on the time. The DJ will start at 8: 15 p.m. and the band, Ozomotly, will start at 8:45 p.m. Councilman Torre said he hopes that the Ski Company includes teens and kids in their planning. Councilman Torre said 11 p.m. is pretty late for kids. Miller said the Spring Jam events are aimed at all ages, different venues, different activities. Mayor Klanderud agreed Spring Jam has been successful and well received by the community and visitors alike. Councilman Torre moved to approve the noise variance for Spring Jam to 11 p.m. March 23 at the corner of Cooper and Galena; seconded by Councilman DeVilbiss. All in favor, motion carried. ORDINANCE #5. SERIES OF 2007 - Lodge at Aspen Mountain Final PUD Councilmembers Tygre and Johnson recused themselves. Councilman Torre moved to read Ordinance #5, Series of2007; seconded by Mayor Klanderud. All in favor, motion carried. - ORDINANCE NO.5 (SERIES OF 2007) --- 3 Re!!ular Meetin!! Aspen City Council February 26. 2007 ,- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL FOR A MUL TI- YEAR ALLOTMENT AND AFFORDABLE HOUSING OUTSIDE THE CITY LIMITS, FINAL TIMESHARE, SUBDIVISION, AND CONDOMINIUMIZATION FOR "THE LODGE AT ASPEN MOUNTAIN" DEVELOPMENT, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. - Councilman Torre moved to adopt Ordinance #5, Series of2007, on first reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Torre, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #8. SERIES OF 2007 - Aspen Institute Tent Temporary Use Jessica Garrow, community development department, reminded Council this item was continued from their last meeting to determine whether the Institute would agree to only Institute events at the tent. Ms. Garrow noted the Institute agreed and the resolution allows only Institute and Institute co-sponsored events. Ms. Garrow said staff feels that landscaping for a temporary use should not be required. There is a request for a noise suppression plan. Jim Curtis, representing the Institute, told Council the applicants are in total agreement that non-Institute events are not appropriate in the tent. The tent will only be up for two months this summer. Curtis said rather than submitting a noise suppression plan, the Institute would like to keep it simple and be required to comply with Section 18.04 ofthe Municipal Code. Mayor Klanderud opened the public hearing. Daniel Sullivan, Austin Peirce and Smith, told Council their clients are pleased with the responsiveness of the Institute and of the staff. Sullivan said he feels the Institute should file and comply with a noise suppression plan for allowing this temporary use. Mayor Klanderud closed the public hearing. Councilwoman Tygre said this tent is large and it is temporary use with a visual impact and she would like the applicants to have temporary landscaping, like potted trees, to screen the north side of the tent. Councilman Johnson asked how many days there will actually be noise. Curtis said about 10 days out of the two months. Councilman Torre agreed with Councilwoman Tygre about the temporary landscaping which might also help with the noise suppression. Councilman DeVilbiss said he does not feel a noise suppression plan is an insuperable burden. - - 4 Re!!ular Meetin!! Aspen City Council February 26. 2007 ,"''''. Councilman DeVilbiss moved to approve Resolution #8, Series of2007, with the provision about the noise suppression plan remaining in the resolution and there be screening on the north side of the tent to the extent reasonable; seconded by Councilman Torre. All in favor, motion carried. ~~ ORDINANCE #4. SERIES OF 2007 - Amending Housing Guidelines Tom McCabe, housing department, reminded Council these proposed changes were discussed at a joint work session with the county in December. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman DeVilbiss moved to adopt Ordinance #4, Series of 2007, on second reading; seconded by Councilman Torre. Roll call vote; Councilmembers Johnson, yes; Tygre, yes; Torre, yes; DeVilbiss, yes; Mayor Klanderud, yes. Motion carried. ORDI NANCE #49. SERIES OF 2006 - 307 S. Spring (Wienerstube) Subdivision Councilmembers Tygre and DeVilbiss recused themselves. Jessica Garrow, community development department, told Council staffreceived additional comments from Councilman Torre, which comments were passed on to the applicant. The concerns were about the mass of the building, the lack of articulation, the unarticulated alley wall, suggestions for tiering along the alley to reduce the mass, provision of on-site pedestrian amenity space, and increased outdoor space for the affordable housing units. Ms. Garrow said design changes have been made to address these concerns. The use mix is the same and some design elements remain, including the contemporary corner at Spring and Hyman. Ms. Garrow noted she gave Council a packet of these design changes. Ms. Garrow said there was a concern about how the applicant plans to achieve 50% better than the International Energy Conservation Code. Ms. Garrow said a letter from the energy consultants states a number of mechanisms that can be used to insure the 50% is met. Ms. Garrow said the energy commitment outlined in the letter insures that the project will be exceptional and in terms of energy savings and in the commitment to green building. Ms. Garrow said the applicants have agreed to provide 3 category two affordable housing units; the other 9 units will be split between categories 3 and 4. The applicant requests the right to retain first purchase rights on 3 units. The housing board agreed with the change in category mix and with the applicant's right to 3 units. All units will be for sale, and if the category 2 units do not sell within 6 months, they will be rental units. With the proposed design changes to the alley, the landscaping provision in the alley is no longer relevant. .~.',,", -- 5 Re!!ular Meetin!! Aspen City Council February 26. 2007 -,,- Ms. Garrow said staff feels many of the design changes are positive and improve the overall project. Ms. Garrow noted that alley commercial frontage has been created. The affordable units have more windows and larger balconies and interact with commercial spaces below them. Ms. Garrow pointed out a mid-block walkway has been added to reduce the mass and to create a more interesting design. Roof articulation to help break up the mass has been added. The use mix has not changed. - Stan Clauson, representing the applicants, told Council they have revised the design but have not changed any basic parameters. Clauson noted the square footage of the proposed building is less than allowed on this site. Clauson said another concern was the affordable commercial space. A space is proposed for the Wienerstube; subsequently the applicants are negotiating for a space to relocate a bicycle shop. Clauson said the redesign will allow the applicants to provide more affordable commercial space in an experiment using alley frontage for commercial. Clauson reminded Council the alley commercial concept was brought up in the Frick & Beer report. Clauson said the applicants will state there will be an initial provision for affordable office on the second floor with three 750 square foot offices for start up operations. Clauson said there will be an active storefront area on the ground floor; opportunities for outdoor dining; opportunities for living downtown. Clauson presented an illustration from Frick & Beer showing an alley with commercial space, which is something they want to incorporate in their plan. Clauson said in the proposed Nore Winter design guidelines, there is the concept of a mid-block penetration. The plan is to recess the building on the ground floor have a pedestrian walkway and a mid-block opening. This will break up the massing. Andy Wisnoski, architect, presented a computer model of the redesigned building, how the massing has changed, how the affordable housing has been spread out across the building. Wisnoski told Council through discussions with the building department, they were able to consolidate the ramp to the parking garage to a smaller space, which opened up possibilities for redesign. Wisnoski pointed out where the building has been lowered and pulled back to the interior of the project. Wisnoski noted the building is setback off the alley except for a small piece at the west end. The architecture is more articulated than in the previous design. Wisnoski showed the two pedestrian bridges to connect the east and west buildings now separated by the mid-block cut through. Wisnoski said each 30' module will have its own brick and color scheme to further articulate the structure. Clauson pointed out the corners of the building have been clipped for openness and to allow views. Ms. Garrow told Council staff would like to add conditions about the success of the businesses along the alley and the mid-block walkway. Ms. Garrow said landscaping will help and a condition should be added that the applicants work with the parks department to determine the most appropriate landscaping. The other condition is a detailed lighting and sign plan before submitting for building permit. Clauson pointed out with the design changes and making the building more articulated, the modern design feature on the corner has been made less ,..... dramatic. - 6 Re!!ular Meetin!! Aspen City Council February 26. 2007 ,.--., Ms. Garrow told Council stafffeels this is an exceptional project; a significant commitment to green building; 12 affordable housing units in a mix of categories; alley retail and 2nd floor affordable commercial or office to provide economic sustainability. Councilman Johnson asked how the applicant received the request for changes. Ms. Garrow told Council she forwarded them to the applicant after meeting with Councilman Torre. Councilman Johnson asked if the number of parking spaces remain the same. Wisnoski said they do. Tom McCabe, housing department, told Council the recommendation for all for sale units comes from his department and that they do not want rental and for sale units mixed in one project. ...... Mayor Klanderud opened the public hearing. Charles Cunniffe, adjacent property owner, said he is concerned about the roof on the 3'd floor on the western portion of the building and that it is unrelieved all across at 44' . Cunniffe said for a building to be considered exceptional, it should be exceptional in every aspect. Toni Kronberg said she is concerned about the loss of views of the mountain. Shawn Gooding, resident across the street, said the proposed 42' height at the lot line will block all views of the mountain. '- Dwayne Romero commended both the alley-facing commercial space as well as adding a mid-block pass through. Romero told Council at the Obermeyer project, they could have leased double amount the commercial space for locally serving businesses as they had available. Junee Kirk reminded Council at last year's core meetings, a majority ofthe attendees indicating they wanted to preserve the scale and character of Aspen. Annalee, 620 East Hyman, said she is concerned that the 3'd floor ofthis new building will block her views. Charlie Tarver said over the past 6 years, the county has down zoned the allowable square footage in the county and the density was to move into the commercial area. The city needs to allow density to occur in the downtown. Tarver said people do not own the views. Tarver said alley commercial is a good concept; however, before the city makes zoning changes for alley commercial, some time should be spent in alleys to see what problems there are in alleys. Tarver said if the Council wants affordable commercial space, they should amend the land use code to include that. Mayor Klanderud closed the public hearing. Clauson told Council one 30' element of the 3'd floor is 42'. Clauson told Council this project is compliant with the new design standards. Clauson said there is a generalized statement in the design standards that heights should be varied along the fayade by either actual height or by varying the setback. Clauson noted the design guidelines also state for a lot width in excess of 90', there should not be more than 50% of the front fayade as 3 stories fully to the front. Clauson said on this project, there is 30' out of 180' that comes forward with a building element of3 stories. ..- "''-"' 7 Re!!ular Meetin!! Aspen City Council February 26. 2007 -. Councilman Torre said although this is an improved product, he does not feel providing one additional affordable housing unit over requirement is exceptional. Councilman Torre said the building on Hyman appears as if it is one 42' all the way across. Councilman Torre said in drafting design guidelines, people felt breaking up the mass of buildings was very important. Councilman Torre asked ifthe alley commercial is the best approach to affordable commercial. Councilman Torre said there are no guarantees for affordable commercial for the long term. Councilman Torre said the request for exceptional status is to allow 5 free market allotments from the future. Councilman Torre said those 5 allotments make this building look like a big box and fewer allotments would allow the building to better fit into its surroundings. Councilman Torre asked if the 5 allotments are necessary. Clauson noted there is no mechanism for insuring the businesses will last forever. The applicants have made a commitment to insure the Wienerstube can relocate in this building. Clauson said building owners want to have tenants to animate their building. Another way to insure affordable commercial is to demise it in smaller spaces, which this proposed design has done; it has also located these spaces on the alley and on the 2nd floor. Clauson noted there are no regulations requiring rent controls. Clauson reminded Council the number of free market allotments was reduced last year. The reduction makes it so that almost every project will have to borrow from the future. Clauson said the free market allotments are how the project pays for two levels of sub grade parking; for 12 affordable housing units, and for affordable commercial space. "".... Councilman Torre asked how much affordable housing this project needs to provide. Chris Bendon, community development department, said they are providing in excess of the code requirement. The affordable housing is all on site, which is unusual. Bendon noted housing downtown brings vibrancy to the downtown and helps sustain businesses in the commercial core. Mayor Klanderud commended the applicants for experimenting with alley commercial. This alley is less congested and noisy than some other alleys. Mayor Klanderud stated she appreciates the redesign. Mayor Klanderud said she thinks including three category 2 units is exception. Aspen's character has been many things, like mining, Victorian, ski and resort development. Mayor Klanderud said this community has saved much of the best of the past century. Mayor Klanderud stated she feels this is an exceptional project. ..- Councilman Torre stated he does not agree this is an exceptional project and worthy of 5 allotments from the future. Councilman Torre said some big changes have been made and it has been less than two weeks since the changes were started. Councilman Torre said he needs full plans, including floor plans for the affordable housing units. Mayor Klanderud said she sees significant value in this project. Councilman Johnson stated he prefers the original design for the modern element at Hyman and Spring. Councilman Johnson said this project proposes affordable commercial space, even though it is not in the existing land use code. There is more parking than the code requires; there is more affordable housing than the code requires. Councilman Johnson noted the category mix is an exceptional one. The proj ect is proposed to exceed the green standards. The '....... 8 Re!!ular Meetin!! Aspen City Council February 26. 2007 - applicants have increased the setbacks and have utilized the design guidelines that have not yet been enacted. Councilman Johnson said he feels the mid-block walkway makes a good relationship to the patio building to the north. Councilman Johnson reiterated redesigning the modern piece at the corner is too much of a concession and he would like to see it more as in the original presentations. Councilman Johnson moved to adopt Ordinance #49, Series of2007, with amendments proposed by staff and that the corner piece is designed more liked the original presentation; seconded by Mayor Klanderud. Councilman Torre said the affordable housing only mitigate for 1.1 more employee, which is not exceptional. Councilman Torre said he feels everyone should be doing green building. Councilman Torre said there is no guarantee for the future of affordable commercial beyond maybe one lease term. Councilman Torre said he does not this should move forward as an almost exceptional project. Roll call vote; Councilmembers Torre, no; Johnson, yes; Mayor Klanderud, yes. Motion NOT carried. ORDINANCE #44. SERIES OF 2007 - 134 E. Hyman (Hearthstone House) Historic Designation Sara Adams, community development department, showed pictures of the Hearthstone House built in 1961 and designed by Robin Molny. HPC had two work sessions on designating this property historic, opened an application for historic designation, and voted unanimously in favor of historic designation. Ms. Adams told Council during the hearing, an issue of noticing requirements was raised. This issue has been resolved. Ms. Adams told Council staff and the HPC find the Hearthstone House fulfills all criteria for designation and only one criterion needs to be met. Ms. Adams noted the criteria are based on architectural, cultural and historic significance, not the commercial viability of any property. Ms. Adams said there are incentives for historic designation to gain a reasonable return. Ms. Adams said criteria (b) is related to people whose contributions to local history are deemed important and can be identified and documented. Ms. Adams said the architect, Robin Molny, trained at Taliesin under Frank Lloyd Wright, and worked for Fritz Benedict in Aspen. Other buildings ofMolny's are Mason and Morse building; pedestrian malls, Aspen Athletic Club and some residences. HCP awarded two "Welton Anderson" awards to Molny, one for the pedestrian malls and one for architectural achievement in Aspen. A""""'" Criteria (c) is a physical design that embodies the distinctive characteristics or design philosophy that is deemed important. In this case, the Wrightian style comparing the Robie House to the Hearthstone House, which exemplifies design philosophies taught by Wright, like organic architecture of composing building of space rather than mass and creating a harmony or architecture in the environment; blurring the distinction between - 9 Re!!ular Meetin!! Aspen City Council February 26. 2007 ...- interior and exterior spaces by constructing covered open spaces. Ms. Adams noted these philosophies as applied to the Hearthstone House. Ms. Adams told Council one of the most important aspects of Wright's teachings is that his apprentices not replicate his work. Ms. Adams read from Bruce Berger's paper on Robin Molny, "If you understand the principles of my architecture, then your buildings need not look like mine". -- Site planning is an important aspect of Wright's philosophy; the architecture becomes one with the environment and creates indoor and outdoor spaces. Ms. Adams pointed out how the philosophy is translated for Aspen's climate in the Hearthstone House, which is oriented to the south to gain the best light and the best views of the mountain. The building is set into the landscape, the street slopes to the north. Ms. Adams presented slides to compare Wright buildings with the Hearthstone House. Ms. Adams said materials were important to Frank Lloyd Wright and Molny used rough sawn redwood panels,. glazing, and reused brick. Ms. Adams reminded Council "integrity scores" are discussed when designating a building. The Hearthstone House scored 91 out of 100 and 75 is needed for designation. There have been few alterations. The integrity score is a basis for evaluation and was adopted by the city 6 years ago and is based on the integrity assessment for national register properties. Criteria (a) is an event, pattern, or trend that has made a significant contribution to local history. Ms. Adams said the Wrightian design represents a trend in Aspen during the post war era. Ms. Adams noted very few towns in Colorado are fortunate enough to have a diverse architectural legacy as does Aspen. Ms. Adams said Molny was part of an intellectual community of architects in Aspen in the 1960's. The Hearthstone House conveys tenets ofWrightian training combined with the client's desire for a house rather than a lodge for visitors. The Hearthstone House contributes to the presence of Wrightian inspired architecture through materials and principles. Ms. Adams said it is imperative to Aspen's desirability as a destination resort to maintain the uniqueness including the contrast between mining cabins and the small surviving collection of noteworthy post war architecture. Ms. Adams told Council staff finds all 3 of the criteria are met. Ms. Adams asked is the Hearthstone House the best of the best. It is not the best ofthe best but meets all of the criteria in the land use code for historic designation. The criteria do not state a building has to be the best of the best to be designated. Robin Molny and this building are important to local history and culture. - Stan Clauson, representing the applicants, stated the property owner opposes designation because it would be almost impossible to redevelop a viable lodge on this site. Clauson said the city should be careful about designating small commercial properties. This property does not have the same ability for redevelopment as a designated house. Clauson told Council this property was not identified as a potential historic designation until the applicants went to staff to see about redevelopment. The owner expected to have the ability to redevelop this property and was surprised to find it would be taken through the historic designation process. Clauson agreed the Hearthstone House is an - 10 Re!!ular Meetin!! Aspen City Council February 26. 2007 .-~- example of Robin Molny; however, the lodge has design issues for its current use as a lodge. - Clauson pointed out on picture boards the dark, weak entry; the parking on city property in front of the building; the roof comes down to a low angle and fails to anchor the corner. The courtyard has a lack of privacy; the windows are single pane, drafty and let in a lot of noise. The city's design guidelines state a building on the corner should anchor the corner; the Hearthstone House recedes from the corner. Clauson said he looked in Yahoo Travel, where one goes when they want to know about a property, and read some comments from that website about how not satisfactory the Hearthstone House is as a lodge. Clauson stated this lodge is desperately in need of renovation. Clauson said it has been pointed out that mass and scale is not a historic preservation issue. Clauson said there are other more significant pieces of Molny's work. Clauson noted this property does not lend itself to redevelopment while preserving the basic form of this existing structure. Lisa Purdy, historic preservation consultant, told Council she has been involved in historic preservation for over 30 years, working both in the public and private sectors. Ms. Purdy said she works to preserve what is important to preserve in the life of a community. Ms. Purdy said there are grey areas in the field of historic preservation. Ms. Purdy said Council needs to determine whether this property meets the criteria in the historic preservation ordinance. Ms. Purdy told Council she spoke with the original owner who chose Robin Molny because she wanted an architect that was very American. This is one of the early Molny buildings. Ms. Purdy stated she does not feel the Hearthstone House is qualified as historic under the city's criteria. Ms. Purdy said criteria (a) is whether or not an important event or the building represents something important in the history of Aspen. Ms. Purdy noted staff says this represents the renaissance of Aspen of about the 1960's. Ms. Purdy said she cannot determine what that means; is every building built between 1950 to 1974 is indicative ofthe renaissance of Aspen. Ms. Purdy said other buildings in Aspen represent the Wrightian style in Aspen better than this building. Criteria (b) is related to the person. Ms. Purdy said Molny did have a big influence in Aspen, particularly the malls. Ms. Purdy questioned Molny's style versus Wrightian aspects. Ms. Purdy said this building is only 43 years old and it is difficult to have enough perspective to make the determination on what distinguishes this building. Ms. Purdy stated building less than 50 years old need to be exceptional. Ms. Purdy said the list of characteristics listed under criteria ( c) contradicts that it is Wrightian not to be Wrightian and how can one have a list that makes a building Wrightian. Ms. Purdy noted the roof is one of Wright's hallmark features and it is in contrast to the Victorian era. Ms. Purdy said most people identify a soaring roof with Frank Lloyd Wright and they would not identify the Hearthstone House as such. ..- - 11 Re!!ular Meetin!! Aspen City Council February 26. 2007 .--' Another Wrightian concept is being "ofthe land" blending in and being harmonious with the land. Ms. Purdy said the Hearthstone House is opposite ofthat, one has to go down into the courtyard and from the street, and it is not an open, receiving building. Ms. Purdy asked why this building did not show up on any ofthe historic inventories, including the one done in 2005. Ms. Purdy said if this building is being designated because it represents Molny, other places Molny had the most influence should be looked at. The mall was a place for which Molny received an award. Ms. Purdy argued that a loyal following of guests does not make a building eligible for historic designation. Ms. Purdy stated designation needs to be about buildings that have historic qualities that meet the criteria in the city's ordinance. -- Ms. Purdy said the arguments for historic preservation have been a moving target. The first arguments were that it was Wrightian and had an Austrian look. Ms. Purdy noted that changed to Wrightian with Canadian and European influence. Ms. Purdy says that defies classification and is not a good enough justification for designation. Ms. Purdy noted another justification was that it accurately represents the culture of Aspen post WWII. Ms. Purdy said that is too broad for historic designation justification. Clauson noted he included financial and occupancy information. This is not part of the criteria for designation, however, the lodge has lower occupancy than other lodges. Clauson stated the owners feel this does not qualify for historic designation and that the lodge needs to be redeveloped. Tom Smith, representing the owners, noted if the owner of a Victorian era building is faced with designation, there is a consensus as to what the criteria are and what the goal is. Smith submitted there is not consensus on what constitutes "noteworthy post war architecture" as well as no guidance in the code. Smith said "being independent" may be a philosophy oflife but it is not a design philosophy. Smith said this building fits into a category of all buildings constructed in ski towns in the 1960's and that does not make the building historic. Mayor Klanderud opened the public hearing Cheryl Tennille, Washington D.C., told Council she has been a guest of the Hearthstone House since the 1970's. Ms. Tennille said she sees a fast changing scenario and a grave concern that planning is a creature of expedience to promote real estate development. Ms. Tennille feels Council's decision will influence whether the HPC has an enforceable credibility and whether the real Aspen can stand up to the rule ofthe market. Ms. Tennille said Council's decision will have a decision on whether expediency overrules artistry, architecture, history and heritage of the beginning of skiing in Aspen. Ms. Tennille reiterated the integrity of Aspen is at stake in this decision. Ms. Tennille pointed out the people who stay at the Hearthstone House are 90% repeat visitors. Ms. Tennille said this building is a ski lodge, not a motel or hotel. -- Fonda Patterson stated the Wright concept is "emulate not imitate". Ms. Patterson noted Wright had a long career and there are examples of his buildings without cantilever roofs. "- 12 Re!!ular Meetin!! Aspen City Council February 26. 2007 "- Ms. Patterson opined this is a Wrightian building and that Molny showed foresight with the roof in protecting the building on a difficult lot. The siting of the building on the lot also shows strong Wrightian influence. This was a green building before green building was in. Ms. Patterson said the courtyard is a place for intimate gathering for hotel guests. Ms. Patterson said she hopes Council recognizes the importance of this building. Don Fleisher said the first phase of Aspen's rebirth ending in 1965 with a shift from lodges to condominiums. Fleisher said the Hearthstone House is one of the great lodges from that era. Fleisher said this building can be saved and upgraded. Irma Prodiger, previous owner of the Hearthstone House, told Council this is a well built building and does not disserve to be knocked down. Ms. Prodiger said she wanted to do something that was quiet and enduring in the Hearthstone House. Mayor Klanderud closed the public hearing. Mayor Klanderud said one issue is the historic quality ofthis building and whether it should be historically designated. Mayor Klanderud stated she is not comfortable with involuntary designations. Councilman Torre moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilwoman Tygre. All in favor, motion carried. Mayor Klanderud said she strongly supported the rewrite of the historic preservation code as a result of an action of 1999 when a number of properties were designated to be historically designated. Mayor Klanderud said the city and members of the community worked hard to come up with a code to put as much objectivity into the criteria for judging properties to be historic or not. Mayor Klanderud said the post WWII buildings were extensively discussed and historic designation was to apply to buildings 50 years or older. The majority of Council approved historic designation could apply to buildings 40 years old. Incentives were added to the code so people would ask to have their properties designated. Mayor Klanderud said there was to be a data base of properties and when they approach 40 years, a notice two-years ahead would be sent stating a building was nearing that age and may be considered for designation. Mayor Klanderud said in 2002, buildings that were already 40 years old were to receive a 6-month notice. Mayor Klanderud said the city does not have the list of properties considered for potential designation, nor have the notices gone out. Mayor Klanderud said the issues are the historic integrity of this building and the process by which it got to Council on an involuntary basis. Mayor Klanderud noted the owners of the Boomerang chose not to designate their property. Also the owner of the Hearthstone House did not ask for historic preservation before it was sold. - Councilman DeVilbiss said this is not about affection for Robin Molny or the Hearthstone House. This matter should be decided by objective application ofthe historic guidelines. Councilman DeVilbiss said he, too, does not favor involuntary -- 13 Re!!ular Meetin!! Aspen City Council February 26. 2007 ,- designations. Councilman DeVilbiss said he would prefer this were not a reaction to a request for demolition permit. Councilman DeVilbiss stated this does deserve designation as a historic property. Councilman Johnson presented Wikipedia examples of Frank Lloyd Wright design structures illustrating there are buildings designed by Wright that have no evidence of roofs with cantilevers. Councilman DeVilbiss said if Wright had a signature, it was to design with deep soffits. - Councilman Johnson said an overriding principle of Wright architect is looking to the context in which a structure is being placed. Councilman Johnson asked that a copy of the internet Hearthstone House web site be entered into the record. Councilwoman Tygre said she, too, is concerned about the process. Councilwoman Tygre noted the city code is to apply equally and fairly to all situations. Councilwoman Tygre read the statement about the property itself including integrity of location, setting, design and the relationship to the 3 criteria. Councilwoman Tygre stated this property possesses the integrity of location, setting, and design. Councilwoman Tygre said she agrees with HPC that pattern or trend is important and this lodge is a clear example of a small, intimate style oflodge that was essential to the development of tourism in Aspen. This is the type oflodge where people would gather in the lobby and meet, which was an important part of Aspen's ski history. Councilwoman Tygre said the Hearthstone House is an outstanding example oflodging hospitality that was important and should be continued. Robin Molny was an important local person and does exemplify sensitivity to site, location within the site, orientation toward the mountain and toward the sun. Councilwoman Tygre said whether this is Wrightian or not is not as important as the connection with a local architect who was a significant person in Aspen's history, which meets standard (b). Ms. Tygre said going by strict interpretation of (a), (b) and (c), this application fulfills the criteria. Councilman Torre agreed this meets the criteria for historic designation and should be designated as a symbolic historic reference in Aspen. Councilman Johnson said he feels the city should be preserving modernist buildings just like the Victorians. History did not end at one particular moment. Councilman Johnson said it is not fair that the mining and Victorian eras carry the entire history of Aspen as well as the historic preservation aspects of Aspen. Councilman Johnson stated it is important to create incentive to encourage historic designation. Councilman Johnson said for this particular application, criteria (a) event, pattern or trend is the renaissance of Aspen as a resort; criteria (b) Molny's contribution to local history is important and (c) Molny and the relationship to Frank Lloyd Wright is sufficient to meet the criteria of recognized designer. Councilman Johnson asked Lisa Purdy if she has ever supported a historic designation in front of Council instead of testifying in favor of demolition. Ms. Purdy said she has researched and recommended many historic designations in this area. Ms. Purdy noted when applicants are in favor of historic designation, they do not need her testimony in front of Council. ~ Councilman DeVilbiss asked if the applicant is objecting on the basis oflack of notice relative to 26.4l5.030(G). Clauson said they are not objecting on that basis. There is a two year notification period; however, the section also states that failure to provide the 2 - 14 Re!!ular Meetin!! Aspen City Council February 26. 2007 /......... year notification shall not be deemed a reason to prevent historic preservation. Bendon stated staff believes the notification is proper and that Council has jurisdiction. Bendon pointed out a letter in the packet addressing this issue and stating they believe the city is in compliance with that section. - Councilwoman Tygre moved to adopt Ordinance #44, Series of 2006, on second reading; seconded by Councilman Johnson. Councilman DeVilbiss said he believes I (b) has been met and he will support the ordinance. Mayor Klanderud stated she cannot support this because the city does not have a list of properties being considered for designation and notice to owners of the properties. Mayor Klanderud said it is essential to get that list and that it is unfair to property owners who may want to redevelop their properties to find out they are on a list for potential designations. Roll call vote; Councilmembers Tygre, yes; Johnson, yes; DeVilbiss, yes; Torre, yes; Mayor Klanderud, no. Motion carried. ORDINANCE #2. SERIES OF 2007 - Amending Moratorium on Commercial Core Sara Adams, community development department, reminded Council they requested this amendment to the moratorium. The first amendment would exempt interior changes to contributing structures or buildings directly associated with historic contributing structures in the historic district. The other amendment would exempt those spaces that were vacant at December 12th. Ms. Adams said ifthere is a change in use in a contributing structure, the applicant must demonstrate that the building is returning to an established use continually operating for 40 years, which is the length of time in the municipal code recognized for a property to possess sufficient integrity to be designated as an historic landmark. Ms. Adams pointed out a written agreement must be submitted about preserving specific elements of a historic interior. Ms. Adams said HPC will have a referral role on preservation of interior elements. The community development director will have final determination on the written agreement, the elements to be preserved, whether or not the change in use complies with the intent of the moratorium as stated in the whereases. Any appeal will be heard by the city manager. Councilman Torre asked ifthere are criteria about the written agreement. John Worcester, city attorney, said the ordinance requires the applicant and staff to agree to 4(a) a list of elements in the interior and how they will be preserved and protected. Councilwoman Tygre said if Council is trying to determine what they want accomplished with the uses which uses have not been determined, a list of agreements may not cover things Council may eventually say are important. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. - 15 Re!!ular Meetin!! Aspen City Council February 26. 2007 "'- Councilman Johnson said he is concerned that historic features could be discovered for which there are no photographs or building permits and that historic element would not be protected. Ms. Adams told Council staff will use different case studies for the preservation of interiors throughout the country since there are no adopted guidelines in Aspen for interiors. Councilman Johnson said he does not feel the historic elements have been given enough consideration to adopt this ordinance. Councilman Johnson noted Council adopted a moratorium because they were concerned about the mix of uses downtown and have not yet had conversations about what the appropriate and diverse mix might be. - Councilman Torre said he feels this is a marrow window of exemptions and would allow businesses to do some necessary renovations not detrimental to the historic character of the buildings. Councilman Torre said he does not feel this will jeopardize any of Council's work. Councilman Torre stated he supports this because it benefits the community. Councilman DeVilbiss moved to suspend the rules and extend the meeting to 10:15 p.m.; seconded by Councilman Torre. All in favor, motion carried. Chris Bendon, community development department, told Council staff has been working with the business community and is prepared to bring the mixed use question to Council early in March. Bendon said the exemption is crafted to not make significant changes to uses; the first is for spaces that were vacant and where the property owners have some expectation of economic value of the property. Bendon said the second exemption was crafted to allow businesses to continue or to return a business into a building that had a long standing community presence. This is a limited exemption and not making a statement about what uses are appropriate downtown. Mayor Klanderud said she feels this ordinance is the city is working with preserving what is essential to the historic integrity of certain buildings. Councilman Johnson moved to adopt Ordinance #2, Series of2007, on second reading; seconded by Councilman Torre. Councilwoman Tygre said she is concerned about adopting ordinances that allows exemption for the benefit of a particular business. Councilwoman Tygre said Council does not know what will come out of their discussions on the land use code and it is premature to allow exemptions before those discussions. Roll call vote; Councilmembers Johnson, no; Torre, yes; DeVilbiss, yes; Tygre, no; Mayor Klanderud, yes. Motion carried. Councilman Torre continued the meeting to February 27,2007, at 4 p.m.; seconded by Councilwoman Tygre. All in favor, motion carried. Council left Chambers at 10:10 p.m. ,.,.- xi J!.g ~ - 16