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RECORD OF PROCEEDINGS
100 Leaves
FORM ~~ C. F. H OEC~ E~ O. B. II l. C J.
Special Meeting
Aspen Planning and Zoning Commission
July I, 1980
The Aspen Planning and Zoning Commission held a special meeting on July I, 1980,
at 5:00 P.M., in the City Council Chambers. Members present were Olof Hedstrom,
Joan Klar, Roger Hunt,Lee Pardee, and Welton Anderson. Also present were Joe
Wells and Karen Smith of the Planning Office and City Attorney, Ron Stock and
Gary Ross of the Pitkin County Law Enforcement group.
Law Enforcement
Facili ty
Joe Wells introduced the special meeting to consider a
Conceptual level application by the County on the pro-
posed Law Enforcement Center, which is proposed on the
aden property, which the site behind the Mill and Main
Building. This site was originally purchased for this
purpose several years ago and a few months ago the City
Council agreed to initiate the necessary rezoning request,
which the land is presently zoned office and will have to
be rezoned public in order to accommodate this central
governmental facility, but that zoning would not be applied
unless the County receives the conceptual and final appro-
vals of P & Z and Councilor the Council alone. The public
zone is an unusual zone in that it does discribe the per-
mitted uses but it does not establish the area and bulk
requirements. These are to be established through an SPA
procedure and the County has agreed to process two appli-
cations rather than prepare a single application and ex-
tend the necessary money to develope final architectural
drawings and agreed to a two step process being a concep-
tual level hearings before both P & Z and Council and if
approvals are gained at Council of the conceptual plan
then they would prepare final plans for consideration by
P & Z and Council. We included in the packets several
recommendations, including one of your own, and you have
the previous resolution, which was passed on a different
kind of an application, in which the County was pursuing
a land at that time, as well as the Rio Grande Task Force
recommendation, asking for a part in the process of deter-
mining the appropriate site for the Law Enforcement build-
ing through planning process that is now underway. The
concern of the Planning Office has been that the County
would sell the aden site for construction of an office
building then try to gain approval of a Law Enforcement
facility on County owned land immediately behind the Court
house and therefore we are giving our reluctant approval
to this application, since the implications of loosing
this site altogether, we think are more severe than simply
proceeding with this building on this site.
Lee Pardee questioned whether the citizens of Aspen are
also members of Pitkin County? Don't they have the best
interest of the voters in heart?
Gary Ross of Pitkin County commented that the reasons why
the County is proceeding as it is, for one is the fact
that it cost them about $30,000 a month in inflation cost
every month this building is delayed. The original start
of this building was to be April of this year and have
already lost a full 12 months and are looking at about
$350,000 in inflated cost already.
Joe Wells commented that the Planning Office recommended
in their memo, that in order to minimize the preemption
of options on the balance of the site, we would like to
incourage shifting 'the building as far to the West as
possible. As the model indicates, the building is very
large, and we would like for the shifting and reducing of
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RECORD OF PROCEEDINGS
100 Leaves
f OFlM ~I C. F. HOrcKE~ B. B. & ~. eJ.
Special Meeting
Aspen Planning and Zoning Commission
July 1, 1980
the footprint of the building to be incouraged even if it
requires applying standards from the CC Zone. The access
problem could cause traffic on Mill Street with public
access down the alleyway and emergency access across from
Bleeker St. and within 300 ft. from the busiest intersec-
tion in town and on a 7% grade, we question whether this
will be a workable solution.
Joan Klar questioned whether we have to have a jail in
Pitkin County? Joe stated that he did not think we have
a constitutional requirement to have a jail in pitkin
County but, it has been suggested that a regional facility
in Garfield County would serve both Garfield and Pitkin
Counties, would be a better solution.
Gary Ross stated part of the problem with having a regional
facility is transferring prisoners to Garfield County now
and the cost exceeds the cost of paying for your own
facility. We now have 5 ceils in the present jail and the
average daily population is seven and in the new facility
there will be 21 ceils.
Olof Hedstrom commented that the impression that he gets
is that the recommendation for approval is reluctantly
granted under threat of more disadvantagious action.
Joe Wells commented that the County's argument is that they
have a constitutional requirement and they have to move on
with it and the longer they are delayed, makes it more
possible they will sell the aden site simply to finance
the building.
Lee Pardee questioned what the statis is with the Rio
Grande Task Force? Joan Klar commented that they are sim-
ulating information from groups in town that might have
information together by the end of summer for recommenda-
tion. Next question by Lee is, how is the County going
to finance the construction? Gary Ross commented that they
are looking at a Bond Issue for this November Election.
Gary Ross introduced the model and explanation of the pro-
posal for the new Law Enforcement Facility. The current
jail has been partially condemned and the maximum length
of a-stay for any person is 30 days, with women, juveniles
or any such as that get sent to Glenwood Springs, which
is being overcrowded. The physical restraints imposed
by the fact that the jail is currently about a 27 ft.
square steel cage in the basement of the courthouse and
makes it impossible to renovate and bring it up to the
standards of a jail and the new Colorado standards make it
where you can not construct a new jail facility that is
attached to any building that is not type 1 or type 2
fireresistant construction, which the Courthouse in not
a rated building, therefore a building can not be attached.
The current space the Pitking County Sherriff's and the
City of Aspen Police Departments are using, are totally
inadequate and studies are being done to determine whether
there would be a manpower savings enough to actually fund
the building to pay the debt service on the building by
combining the two departments. The size of the building
is designed to accommodate the combined departments and
is presently at 24,000 sq.ft. The Pitkin County Planning
Committee was formed to exam six different sites, four on
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RECORD OF PROCEEDINGS
100 Leaves
fORM ~~ C, f. HOECKEL B. B. & l. C~.
Special Meeting
Aspen Planning and Zoning Commission
July 1, 1980
County land and two on Rio Grande property. The aden site
is not a part of the Rio Grande property. This is the
only site that would work in both internally and externally
\in the minds of the Police and Sherriff Departments and
the jail planning committee. The solar potential and the
vehicular access to Mill Street are deemed essential.
The occupied space is designed for 19,570 sq.ft an~ 5,400
sq.ft. of covered parking. The covered parking is/to
accommodate emergency vehicles, police cars and sh~rriff
cars and mountain rescue vehicles. The 11 spaces ~f on
site parking or basically for public, five of which would
be for the Driver Licenses Department and two for handi-
capped. The impound lot is still in question until the
Police Department chooses where they will be located.
Olof Hedstrom wanted to clarify where the commission is
now in the questions of the size and function and this
commission should except the idea and concept and address
ourselves to the land use planning functional area at that
site and related zoning/planning matters.
Roger Hunt commented that he has no problem with the Mill
Street cut, if, if for emergency vehicles with a controlled
light at Mill St., further because of the traffic problems
on Mill St., the controlled signal should include the
signal at Mill and Main St. in order to stop Main St. for
the emergency egress onto to Main St. Then as for the
circulation in the alley and Galena St., there would be
considerable additional traffic flow and exiting onto Mill
St., and this should be reversed to One Way in the oposite
direction and improve the Galena St. access. There seems
to be a problem in financing for the building and there
will be problems selling the Bond Issue with this large of
a facility because, what about the space in the County
Courthouse and questions such as these make me question
the whole size of the project proposed.
Lee Pardee questioned the projected cost for the entire
project. Gary Ross answered that as programed now, it
is 3 million dollars and the commissioners are looking to
where cuts could be made, such as with the DA's Office.
In the next three months, we will be designing this fur-
ther and going through the approval process and heading
towards what we have to supply in the way of final pro-
posal to be presented to both P & Z and Council. Lee
questioned the fact that there are so many unknowns to
how the large amounts of spaces are actually needed. This
is critical and we are being asked to make a decision and
we have a task force made up of citizens of Pitkin County
to come up with a recommendation on one of the most im-
portant properties left of open space and are being hustled
through and then with out the bond issue and without the
proper approvals not completely gone through and possibly
a recommendation from our commission stating that the Rio
Grande should hurry along due to the deadline because the
County has a law enforcement that has to be built but that
we would appreciate that this be done as soon as possible.
Roger Hunt stated that this site is satisfactory as any
other site. Welton Anderson commented that we are having
a hustling problem with this governmental property and is
probably the best site except for the alley egress and
access on Mill Stree problem. Joan Klar commented that
other sites might be better and possibly behind the Court-
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RECORD OF PROCEEDINGS
100 Leaves
fORIII\1 C.f.HOEC~EL8.B.&~.CJ.
Aspen Planning and Zoning Commission
July 01, 1980
Special Meeting
Condominiumization
Policy-Repeal
house with less jail ceils might be more satisfactory.
Olof Hedstrom summarized the understanding and position is
at this point; the County Commissioners made decisions
in respect to the need and size and the location and
utilized the capable committee for that purpose leaves us
without the responsiblity to or even appropriate to intrude
on those decisions, but only can question these decisions.
Joe stated the Planning and zoning Commission is recon-
sidering a conceptual application for what the Planning
Office considers to be an SPA procedure assumming that the
Public Zoning will be applied and normally requires a
detailed application for having the applicant to except
phased applications and the County has chosen to follow.
The Planning Office proposes to have a structure created
of all the uses instead of a postage stamp effect and a
lose of valuable land. Non the less, because of the
Counties insistance to proceed with the developement, we
are offering our reluctant support to this project.
Roger Hunt commented that he would like to see the building
lowered in the property due to the size and the visual
impact could make substancial improvement. Roger moved
to recommend conceptual approval of the County Law Enforce-
ment Facility as presented with the comments of this
board included in a final draft resolution to be written
by the Planning Department which will include; concern of
the increase of the office space, further study concerning
the circulation problem of the alleyway and Mill Street
access without proper control and to include the recom-
mendation from the Rio Grande Task Force. Joan Klar
seconded the motion. Roll call vote: Welton Anderson,
Joan Klar, Roger Hunt and Olof Hedstrom voted aye; Lee
Pardee voted nay. Motion carried 4 to 1.
Karen Smith of the Planning Office ommented that she and
Gideon Kaufman have been working on the condominiumization
question and in March, we had made a recommendation to
consider a quota system for allowing condominiumization
but controlling the rate rather than the repeal of dis-
placement reviews. There is an importance in reviewing
condominiumization that it was brought out more clearly
by the work on the housing task force and should not re-
ject it although be it there were some problems with the
current code. The serious problems with the current code
are that it is inequitable in rewarding those who have
gouged there tenants with high rent and penalizing those
who have been fair over a period of time. Then the cur-
rent process has deed restricted perhaps a third of the
units that have had a long term rental history. Then
condominiumization reduces the rental supply and rental
supply is the hardest thing to replace. We can not build
low income rental projects and it is better to utilize the
existing supply we have because we can not replace them.
Then condominiumization is likely to result in displace-
ment of low and moderate income households. The current
controls we have even if we attach deed restrictions, re-
sults in a five year restriction only. We all agree that
there are some reak health and safety problems in the con-
dominiumization process. Some of the alternatives are;
1. Tenant protection - allow 160 days for relocation and
one approach is to require condominiumizer's to pay relo-
cation assistance payments to those they are displacing.
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RECORD OF PROCEEDINGS
100 Leaves
FORM 10 C.f.HorC~ElO.B.lll.e,).
Special Meeting
Aspen Planning and Zoning Commission
July 01, 1980
2. Six month leases - can maintain a long term rental
supply. 3. Health and Safety aspect of condominiumization
and the basic codes must be met for approval to be granted.
4. Retain Section 20-22 (c) and (d) which is the dis-
placement review and vote according to rental history.
5. Repeal Section 20-22, maintain the six month minimum
lease, maintain the tenant protection provisions that we
had, but to delete the rental history review and any deed
restrictions attached to the condominiumized units. 6.
Retain Section 20-22, but to apply it to structures that are
over a certain size being that the majority of duplexes
are either not in the rental supply now or the elements
of our rental supply is not that significant in amounts.
7. The approach used in Vail and in California communities
is that when the vacancy rate goes below a certain level
between 3 and 5%, that condominiumizations are simply
suspended, and may not be applicable to our community.
8. Given that we have a limited rental supply, perhaps
phasing based on percentage of rental inventory. 9. A
Rental Preservation Overlay Zone, and not deal with the
problem through condominiumization, could be applied to
all but the Lodge Zone and to projects that are greater
than a certain number in size, such as five dwelling units.
All projects in the Aspen Metro for rental comprize about
62% of the rental supply. This would apply to rental
projects of a long term rental history. with a more
streamline approach we could take condominiumization re-
views and could become a matter of Planning and Health
and Safety reviews, through the Engineering Department
and the Building Department, which would effect the deal-
ing with a more direct issue.
Gideon Kaufman pointed out there is a real question that
condominiumization reduces rental ability and needs to
understand better how a Rental Preservation Overlay would
effect the rental control.
Roger Hunt felt there might be a possiblity of relating
the allowable condominiumizations to the vacancy rate and
have within that system a type of review system that allows
condominiumizations if is not in the community benefit
category.
Lee Pardee commented that he would be in favor of exploring
further the Overlay with a clear determination of what
happens to the existing and non-existing condominiumized
units? What ever we do we should adopt something that is
supportable in the courts ,and to maintain our rental pool.
Karen Smith commented that she felt further ahead in her
understanding of the needs of the proposal and would
bring this concept back again.
Perry Harvey moved to adjourn the meeting. Lee Pardee
seconded the motion, all in favor. Meeting adjourned
at 7:15 P.M.
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Sandi Meredith, Deputy City Clerk 3