HomeMy WebLinkAboutminutes.council.20070409
Rel!ular Meetinl!
Aspen City Council
April 9. 2007
GREEN TREE AWARD .................................................................................................... 2
COMMUNTER ALL STAR AWARDS ............................................................................ 2
COMMENDATION - GOLF DEPARTMENT .................................................................2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 3
. Resolution #27, Series of2007 - Contract - Gibson Avenue Stormwater
Improvements................................................................................................................. 3
. Minutes - March 26, 2007 ......................................................................................3
RESOLUTION #28, SERIES OF 2007 - Contract Marolt Housing Boiler Replacement. 3
FIRST READING OF ORDINANCES.............................................................................. 4
. Ordinance #15, 2007 - Rights-of-Way Standards .................................................4
. Ordinance #17, 2007 - 827 Dean Street Historic Designation.............................. 4
. Ordinance #9,2007 - Code Amendments - Residential Multi-Family................. 4
. Ordinance #10,2007 - Code Amendments - Lodge Zones ................................... 4
. Ordinance #12,2007 - Code Amendments - Miscellaneous Land Use................. 4
. Ordinance #13,2007 - Code Amendments - Commercial Design Standards ....... 4
. Ordinance #14, 2007 - Code Amendments - Growth Management Quota System
4
ORDINANCE #16, 2007 - Supplemental Appropriations................................................ 6
Rel!ular Meetiul!
Aspen City Council
April 9. 2007
Mayor Klanderud called the meeting to order at 5 :05 p.m. with Councilmembers Torre,
Johnson, Tygre and DeVilbiss present.
GREEN TREE AWARD
Sarah Laverty, environmental health department, reminded Council these awards go to
local businesses for innovate programs that help the environment. This green tree award
is presented to Community Banks for providing bas passes, lighting audit, using CFLs,
being energy start lending partner, partnering with CORE to offer financing on renewable
energy systems.
COMMUNTER ALL STAR AWARDS
Sarah Laverty presented this quarter's commuter all star awards to Natalia Kharkhal,
community development department, who saved $1,000 in parking; Jennifer Phelan,
community development department, who saved over 400 pounds of C02 and Rich
Ryan, parking, who saved enough C02 (20,000 pounds) by carpooling to heat an Aspen
condo for a year
COMMENDATION - GOLF DEPARTMENT
Steve Aitken, golf superintendent, received certification for the third year in a row
illustrating his commitment to professional development and excellence at the Aspen golf
course.
CITIZEN COMMENTS
I. Toni Kronberg said April 24th is a work session with Council on the outside pools
at the ARC, which is a good opportunity for the public to look at the designs and
proposals for these pools.
COUNCILMEMBER COMMENTS
I. Mayor Klanderud congratulated Aspen Film for their Shorts fest and congratulated
Bill Fisher for winning the local film makers award.
2. Mayor Klanderud said last week a delegation from Aspen's sister cities visited.
Mayor Klanderud said there were discussions and sharing about climate protection and
the environment and both sides learned new information.
3. Councilman Torre armounced tomorrow, April 10th is two sessions at the Wheeler
Opera House at noon and at 5 :30 p.m. for keypad voting on a series of questions about
the Entrance to Aspen. Councilman Torre urged everyone to come.
4. Councilman Torre thanked the Elk's Lodge and everyone who help with the
Disabled Veterans week in Aspen. It was very successful.
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Rel!ular Meetinl!
Aspen City Council
April 9. 2007
5. Councilman Torre said there is a municipal election May 8th and if voters are
going to be gone, they should arrange for an absentee ballot with the city clerk's office.
CONSENT CALENDAR
Councilman DeVilbiss pulled Resolution #28, Series of2007, Marolt Boiler Replacement
Councilman Torre moved to approve the consent calendar as amended; seconded by
Councilwoman Tygre. The consent calendar is:
. Resolution #27, Series of 2007 - Contract - Gibson Avenue Stormwater
Improvements
. Minutes - March 26, 2007
Councilman Torre thanked staff for putting together the Gibson Avenue contract.
All in favor, motion carried.
RESOLUTION #28. SERIES OF 2007 - Contract Marolt Housing Boiler Replacement
Councilman DeVilbiss asked ifthis has been budgeted for. John Mickels, housing office,
said this is being funded from previous year's carry forward. There budget is $75,000;
the project will cost $94,000 and staff will ask for a supplemental appropriation to make
up the difference. Councilman DeVilbiss asked the life of this equipment. Mickels said
the boiler will last 30 to 40 years; however, the big problem is the hot water storage
tanks. This proposal will be for a demand system and replacing the boilers, water storage
tanks and all piping. All the mechanics will be torn out and replaced. Councilman
DeVilbiss asked how the utility savings were calculated. Mickels said they came from
ME Engineers who did the drawings. Mickels said staff worked with CORE and with
Dan Richardson to get this re-engineered and staff is confident this is moving in the right
direction for energy savings.
Councilman Torre moved to approve Resolution #28, Series of2007, Contract Marolt
Housing Boiler Replacement; seconded by Councilman Johnson. All in favor, motion
carried.
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Rel!ular Meetinl!
Aspen City Council
April 9. 2007
FIRST READING OF ORDINANCES
. Ordinance #15, 2007 - Rights-of-Way Standards
. Ordinance #17, 2007 - 827 Dean Street Historic Designation
. Ordinance #9, 2007 - Code Amendments - Residential Multi-Family
. Ordinance #10,2007 - Code Amendments - Lodge Zones
. Ordinance #12, 2007 - Code Amendments - Miscellaneous Land Use
. Ordinance #13, 2007 - Code Amendments - Commercial Design Standards
. Ordinance #14,2007 - Code Amendments - Growth Management Quota System
Councilman DeVilbiss moved to read ordinances 15, 17,9, 10, 12, 13, 14; seconded by
Councilwoman Tygre. All in favor, motion carried.
ORDINANCE NO. 15
(Series of 2007)
AN ORDINANCE AMENDING TITLE 21 OF THE ASPEN MUNICIPAL CODE
REGARDING OCCUPATION AND EXCAVATION IN THE CITY RIGHT-OF-WAY.
ORDINANCE NO. 17
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING DESIGNATION
OfTHE PROPERTY LOCATED AT 827 DEAN STREET, LOTS P AND Q, BLCOK
113, CITY AND TOWNSITE OF ASPEN, COLORADO TO THE ASPEN
INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES
ORDINANCE No.9
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS
AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF
ASPEN MUNICIPAL CODE: 26.710.090 - RESIDENTIAL MULTI-FAMILY
(RMF) ZONE DISTRICT; AND, 26.710.100 - RESIDENTlALIMULTI-FAMILY A
(RMFA) ZONE DISTRICT.
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Rel!ular Meetinl!
Aspen City Council
April 9. 2007
ORDINANCE No. 10
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS
AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF
ASPEN MUNICIPAL CODE: 26.710.190 - LODGE (L) ZONE DISTRICT;
26.710.200- COMMERCIAL LODGE (CL) ZONE DISTRICT; 26.710.310-
LODGE OVERLAY (LO) ZONE DISTRICT; AND, 26.710.320 - LODGE
PRESERVATION OVERLAY (LP) ZONE DISTRICT.
Ordinance No. 12
(Series of 2007)
AN ORDINANCE THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY
OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE:
26.104.100 - DEFINITIONS; 26.208- CITY COUNCIL; 26.212.010 - POWERS AND
DUTIES; 26.212.050 - QUORUM AND NECESSARY VOTE; 26.216.010 - POWERS
AND DUTIES; 26.216.050 -QUORUM AND NECESSARY VOTE; 26.220.050-
QUORUM AND NECESSARY VOTE; 26.304.075(B)(I) - BUILDING PERMIT;
26.306.010(A) - INTERPRETATION; 26.310.020(B) - STEPS REQUIRED;
26.314.040 - STANDARDS APPLICABLE TO VARIANCES, 26.316.020-
AUTHORITY; 26.316.030(F) - ACTION BY A DECISION-MAKING BODY
HEARING THE APPEAL; 26.430.040(C) - REDUCTION OF OPEN SPACE
REQUIREMENT IN THE COMMERCIAL CORE (CC) ZONE DISTRICT;
26.430.040(D) - INCREASE OF FLOOR AREA; 26.435.050(C) - MOUNTAIN VIEW
PLANE REVIEW STANDARDS; 26.435.060(C) - HALLAM LAKE BLUFF REVIEW
STANDARDS; 26.445.050(E) - ARCHITECTURAL CHARACTER; CHAPTER
26.450 - TEMPORARY USES; 26.450.050(A) - DURATION; 26.450.060-
PROCEDURE FOR TEMPORARY USE APPROVAL; 26.480.050(A) - GENERAL
REQUIREMENTS; 26.480.050(B) - SUITABILITY OF LAND FOR SUBDIVISION;
26.520.020 - GENERAL; 26.575.020(A) - FLOOR AREA; 26.575.030 - PEDESTRIAN
AMENITY; 26.575.040(A) - PROJECTIONS INTO YARDS; 26.575.040(C)-
CORNER LOTS; 26.575.050 - FENCES; 26.575.060(A) - GENERAL; 26.575.210-
SHORT TERM RENTALS; AND, 26.575.220 - LODGE OCCUPANCY AUDIT.
ORDINANCE NO. 13
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, APPROVING
REPEAL AND RE-ENACTMENT OF TITLE 26, PART 400, CHAPTER 412, COMMERCIAL
DESIGN REVIEW, OF THE CITY OF ASPEN MUNICIPAL CODE AND TITLE 26, PART
500, CHAPTER 575, SECTION 030, PEDESTRIAN AMENITY.
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Rel!ular Meetinl!
Aspen City Council
April 9. 2007
ORDINANCE NO. 13
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, APPROVING
REPEAL AND RE-ENACTMENT OF TITLE 26, PART 400, CHAPTER 412, COMMERCIAL
DESIGN REVIEW, OF THE CITY OF ASPEN MUNICIPAL CODE AND TITLE 26, PART
500, CHAPTER 575, SECTION 030, PEDESTRIAN AMENITY.
Councilman Torre moved to adopt ordinances 15, 17,9,10,12,13, and 14, Series of
2007; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers
Councilmembers Tygre, yes; Johnson, yes; Torre, yes; DeVilbiss, yes; Mayor Klanderud,
yes. Motion carried.
ORDINANCE #16. 2007 - Supplemental Appropriations
Councilman Johnson requested staff provide back up material on Ride the Rockies, what
staff is doing to bring this to town and how this came about, how much city time and
money will be spent. Councilman Johnson said he would like more background on the
Zupancis property from Amy Guthrie; the building department permits in 2006 there
were 2118 applied for and 1904 issued and why the difference. Councilman Johnson
asked for more information on the insurance pool. Other issue is changes at the Wheeler
like the key entry system and the windows at the lobby area.
ORDINANCE #11. 2007 - Code Amendments - Commercial Zones
Mayor Klanderud said she has difficulties with the S/C/I zone and the unresolved issues.
Mayor Klanderud requested before the public hearing, there be further discussions
between staff and Council to make sure everyone is comfortable with what is going on in
the S/C/I zone. Councilman Torre said he would like a forecast in the changes of volume
or spaces that staff anticipates. Councilman Johnson agreed the S/C/I zone is a problem
and a policy issues. Council will discuss this with staff before the public hearing.
Councilman Torre moved to read Ordinances #16 and II, Series of2007; seconded by
Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE NO. 16
(Series of 2007)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $5,209,010, AN INCREASE IN
THE GENERAL FUND OF $7,471,300, AN INCREASE IN THE PARKS FUND OF
$863,790, AN INCREASE IN THE WHEELER FUND OF $849,580, AN INCREASE
IN THE PARKING IMPROVEMENT FUND OF $422,650, AN INCREASE IN THE
HOUSING DEVELOPMENT FUND OF $16,699,680, AN INCREASE IN THE
EARLY CHILDHOOD FUND OF $381,350, AN INCREASE IN THE KIDS FIRST
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Aspen City Council
April 9. 2007
FUND OF $88,580, AN INCREASE IN THE PARKS CAPITAL IMPROVEMENT
FUND OF $1.909,300, AN INCREASE IN THE WATER FUND OF $2,246,670, AN
INCREASE IN THE ELECTRIC FUND OF $552,450, AN INCREASE IN THE
STORMWATER FUND OF $12,910, AN INCREASE IN THE RUEDI FUND OF
$5,080, AN INCREASE IN THE TRANSPORTATION AND PARKING FUND OF
$456,080, AN INCREASE IN THE GOLF FUND OF $20,000, AN INCREASE IN THE
TRUSCOTT FUND OF $18,850, AN INCREASE IN THE MAROLT FUND OF
$101,060, AND AN INCREASE IN THE HOUSING AUTHORITY FUND OF $4,030.
ORDINANCE No. 11
(Series of2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS
AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF
ASPEN MUNICIPAL CODE: 26.710.140 - COMMERCIAL CORE (CC) ZONE
DISTRICT; 26.710.150 - COMMERCIAL (Cl) ZONE DISTRICT; 26.710.160-
SERVICE COMMERCIAL INDUSTRIAL (SCI) ZONE DISTRICT; 26.710.170-
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT; AND, 26.710.180-
MIXED-USE (MU) ZONE DISTRICT.
Councilman DeVilbiss moved to adopt Ordinances #16 and 11, Series of 2007, on first
reading; seconded by Councilwoman Tygre. Roll call vote; Councilmembers Johnson,
yes; DeVilbiss, yes; Torre, yes; Tygre, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #5. SERIES OF 2007 - Lodge At Aspen Mountain
Joyce Allgaier, community development department, told Council the on-site affordable
housing has been increased from 13 to 16 units. Council requested more information on
the energy conservation and the amount of parking on site, the parking on Juan street.
The applicants have given information on the revised unit sizes; standard room size is
527 square feet. Ms. Allgaier presented a site drawing of the approved South Aspen
Street PUD on this site, consisting of 14 free market townhouse and 17 affordable units.
This development has vested rights until July 2007.
Ms. Allgaier told Council the growth management quota for commercial square feet of
net leaseable square feet is 28,000 square feet in 2006. The growth management
allotments allocated were Stage Three, Jerome Professional Building, and Weinerstube is
in line for those allotments. Before the Lodge at Aspen Mountain, there is a short fall of
8688 square feet. The applicant is requesting an allocation from the commercial
allotment for 2007. Staff analyzed why a future year's allocation is acceptable. The
exceptional aspects of this application are energy conservation, additional affordable
housing, and infrastructure improvements.
John Sarpa, applicant, told Council this iteration proposes more standard lodge rooms in
order to make the hotel more accessible to more people. Sarpa said previously there were
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Rel!ular Meetinl!
Aspen City Council
April 9. 2007
39 standard rooms, 31 executive suites, 8 one-bedrooms, 1 two-bedroom and a
presidential suite. This proposes 56 standard rooms, 16 executive suites, 5 one-bedroom,
2 two-bedrooms and a presidential suite. Sarpa noted these standard rooms sizes are at
the lower end of the average.
Sarpa said they have increased the affordable housing units on site from 13 to 16 units.
Sarpa reminded Council they have a commitment to house 108 people. The requirement
would be to house 94 people. Sarpa told Council the applicants have received approval
from P&Z for an affordable housing project at the Smuggler Racquet Club 28 units,
housing 60 people. Sarpa said this project has taken a lot of work with HPC and with
APCHA. Sarpa reminded Council the applicants committed that 60% of the affordable
housing would be located within Aspen, and they are housing 70% within Aspen. There
are also 9 units at the Airport Business Center,
Sarpa noted that throughout this 3.5 year process, the size, density and nnmber of rooms
has been decreased; the parking has stayed the same. Sarpa said public parking for day
skiing will be allowed in this building. Sarpa reminded Council they requested the
applicants look at the on street parking on Juan street. Sarpa pointed out the 5 spaces on
Juan street. The applicants asked the parks department how critical the trees on Juan
street and the parks department said the trees must be kept, which eliminates additional
parking. Sarpa said the applicants worked with the engineering department on making
Juan street one-way to increase the parking by 5 more spaces.
Sarpa pointed out the restaurant used to be located to the south end of the site and it was
in the shadow of Shadow Mountain and the parking lot for the condominiums. They
relocated the restaurant to the lower site where it wraps around the building to give it
views of the city and the mountain as well as being more accessible to pedestrians from
town. Lennie told Council the hotel industry has found more success putting restaurant
out front of hotel in order to become its own destination, rather than within the hotel.
Sarpa said an important issue is how is this hotel community friendly. One is bringing a
new lift to this side of the mountain to serve world cup and to make this side more vital.
Another item is to heat Aspen street and make it safer. There will be public parking in
this area. Sarpa pointed out on a chart called selected community benefits; one of which
is to donate $1/occupied room night to local non-profits. This will be a cash infusion to
local non-profits. Sarpa said another community benefit will be discount room nights and
meeting space for local non-profits and local events. Sarpa said the applicants plan to
help young people with vocational hospitality training.
Sarpa said as an employee benefit, they plan to encourage employees to do work with
local non-profits by paying them to volunteer. Sarpa said the hotel will market nationally
and internationally. Sarpa told Council they have met with the Ski Company about
World Cup support with additional meeting rooms and rooms at discounted rates.
Mayor Klanderud asked what connection is to make certain the hotel operator will
continue to provide these commitments to the community. Sunny Vann, representing the
applicant, said this is a PUD and all the conditions will be in both the ordinance and in
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April 9. 2007
the PUD agreement governing the development and operation ofthe property. Varm
pointed out the PUD agreement runs with the land and encumbers the property, not the
original applicant. Sarpa told Council if this project is approved, he and his partners will
develop this project. This is Centurion Partners, Sarpa, Mike Smith and Scott Matteson,
and Goldman Sachs as financial partner.
Jeff Hansen, Swinnerton Builders, told Council the applicants have worked with the city
to develop a construction management plan that covers issues like traffic control and
noise control. Hansen said they have tried to prepare a plan for each of the 9 phases of
the project. Their construction management book contains schedules for each of these
phases. Hansen said also important will be continuous communication with the city and
with adjacent property owners; posting information in the newspapers and designating a
full time contact liaison. Hansen said construction is a disruptive process that needs a
high level of management and thought into minimizing those impacts to the
neighborhoods.
Hansen went over the proposed traffic plan and how they will handle off-site trucks
waiting to come to the site, where the staging area for these trucks will be scheduled.
There will construction fencing, screening, and buffering around the site. The applicants
plan to use Brush Creek as an intercept lot for the construction workers and have them
use public transportation or rented buses in order to reduce the traffic coming into town
and to the site. Mayor Klanderud asked if this plan meets the city's proposed
construction management. Ms. Allgaier said it meets and goes beyond the city's
proposed plan. Varm said it will require increased maintenance in the winter on the
existing street. This plan would include those requirements for increased maintenance.
Sarpa suggested that be added as a condition to the ordinance.
David Houghton, Resource Engineering Group, reiterated 3 ideas proposed for high
efficiency ground sources heat pumping system, measuring the actual performance of the
building compared to baseline measurements from other hotels; and a mechanism to true
up if the target is not met. Houghton said it will be important that the building is run
correctly. Houghton told Council the first priority is to meet or exceed the target set; the
second is to invest in specific local projects to help offset the carbon impacts of this
project, and third would be to pay into green energy offsets or a carbon pool. Houghton
told Council there will be 200 bore holes about 6" in diameter, 300 feet deep for the
ground source heat pumping system. Councilman Torre asked if there is a plan to re-
engineer things in order to meet their energy goals. Houghton said he assumed that
would be an on-going process. Sarpa suggested this be added as a condition that the
applicants will study ways to improve the actual results of energy calculations.
Dan Richardson said the proposals from the applicant are a great achievement for energy
conservation. Richardson noted it is in the applicant's best interest to make the building
perform as well as possible. Richardson said he was skeptical about offsets, which is
why the agreement is to invest locally and is exceeding anything that has been discussed
by developers. Richardson pointed out snowmelt of Aspen street is being required by the
city and then the city is asking them to offset the impacts of a requirement. Houghton
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April 9. 2007
told Council locally, the Aspen Institute at the Doerr Hoesier center did a pond loop heat
exchanging system; there are residences around the valley with heat exchanging systems.
Sarpa said this is the first new hotel proposed in almost two decades. Sarpa said building
new hotels is difficult and has been a challenging almost 4 year process. Sarpa said this
proposed hotel will set new standards in areas, like energy conservation and affordable
housing, for this community. Councilman Torre asked what commercial uses there will
be in the hotel. Sarpa said there will be a restaurant, a spa/fitness area, meeting rooms
and a small amenity shop. Sarpa told Council they have worked with the Ski Company
on replacing Lift One. The applicants do not own the land under the lift and have a
contract with the Ski Company stating the applicants are obligated to pay up to $4 million
and the Ski Company has agreed to build a new high speed lift in that area. Sarpa told
Council the lift must be running before the hotel gets a certificate of occupancy.
Mayor Klanderud opened the public hearing.
Auden Schindler, Aspen Ski Company, said the energy proposals exceed anything done
by the Skiing Company and they have been working on green building since 1999.
Schindler said using offsets locally is a great proposal. Schindler said the proposal is
extremely progressive.
Barbara Piper, Little Nell hotel, told Council she was excited to hear a proposal for
another hotel in town. Ms. Piper noted more and more hotel rooms are disappearing
because return on investment is low in comparison to fractional or condominium
ownership. Ms. Piper told Council hotels support the community with rooms at a
discount rate, gift certificates, meeting room space. Ms. Piper pointed out homeowner
associations do not appear as sponsors of any fund raising event; hotels are part of the
community. Ms. Piper pointed out hotel rooms have to be filled in order to garner
income. Hotels give a community diversity and choices; hotels are inclusive.
Bill Tomscich, Stay Aspen Snowmass, agreed the generosity of the lodging properties in
Aspen carmot be overstated. T omscich stated there has been a significant loss of beds in
Aspen over the last 12 years. This is the first new hotel project proposed in decades.
There is a great need for hotels and a demand for high end rooms. This hotel will bring
in more people than would townhouses.
Jim Hancock, Aspen Skiing Company, agreed this project is preferable to a timeshare
project. The lodging community has been very supportive of the World Cup for years;
however, the number of available rooms has decreased. This project would be an asset to
the World Cup in the commitment to rooms and the location hear the lift. Stan Hajenga,
GEMS, told Council their association originally felt this project was too big; however, it
has been changed and with the parking and the affordable housing proposed and the
construction management plan, these have garnered the support of the GEMS. Hajenga
said this project will anchor Dean street. Hajenga said he likes what a hotel does to help
small lodges, to send business their way. Townhouses and fractional projects do not do
that.
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Doug Allen, representing Lift One Condominium Association, told Council they support
this project. This is the right project at the right place at the right time. Derek Johnson,
representing Juan Street, told Council they have worked well with the applicant and a
number of their concerns were addressed. Johnson said they would like to see as much
parking left on Dean Street as possible. Mary Barbee questioned making Juan street one-
way going uphill for one block. Guy Noble, Timberridge, asked the length ofthe
construction. Sarpa said it will be approximately 34 months.
Mayor Klanderud closed the public hearing.
Mayor Klanderud entered into the record a letter from John Curnow, manager, Sky Hotel,
supporting the project and a letter from Shadow Mountain condominiums stating their
concerns about the stability ofthe soils.
Councilman Torre asked how the square footage is broken down by uses, like lodge
rooms, residences, fractional area, meeting room, parking areas. Varm pointed out when
this application was submitted, the land use code did not have caps on various
components, just overall FAR. Councilman Torre stated he is concerned about this
development and its affect on this area and on future land uses in this area. Councilman
Torre asked if Council is able to have an encompassing view of this area. John
Worcester, city attorney, noted zone districts establish a master plan for the city. The
only guidance Council has is the zone districts of the city.
Councilman DeVilbiss disagreed that 60' was approved at the conceptual review.
Councilman DeVilbiss pointed out the document summarizing the major building
reduction changes indicates the maximum height has been reduced from 72' to 47'.
Councilman DeVilbiss asked what is the proposed height. Ms. Allgaier said the
maximum height is 65' and the ordinance states 55' maximum. Councilman DeVilbiss
said that seems to be an increase over the height at conceptual. Mayor Klanderud pointed
out the amount ofroofline that exceeds 42' as measured by the land use code, has been
reduced from 60% to 40% of the hotel. Ms. Allgaier said at conceptual the roof was 60'
at maximum ridge height. There were areas 47' and less at conceptual.
Poss pointed out on the rendering a red line indicating the height approved at conceptual.
The building at conceptual had chimneys at 60', which was the highest part of the
building. The ridges were at 47', which was most of the building. The Aspen street
Elevation shows the different profiles, showing most ofthe building is below 42'. The
entrance is 100' back from the street. Sarpa noted the building has been lowered in many
parts, although there is one part of the building that is 55'.
Mayor Klanderud said she is comfortable that the parking will be available for day
parking. Mayor Klanderud stated she does not want this space used as a car storage area.
Mayor Klanderud asked ifthere is provision for employee parking. Sarpa said there will
be on-site parking for the affordable housing units. The parking at the affordable housing
proposed at Smuggler Racquet Club has been increased in response to P&Z's request.
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Sarpa said the applicants will provide alternative transportation incentives for employees,
like bicycles, bicycle storage, bus passes, and shuttles. Sarpa said they are willing to
commit to a transportation incentive program comparable to other hotels. Staff requested
to continue working on the one-way Juan street, parking on street issues.
Councilman Torre asked what percentage of the 175,000 square feet is going to
community benefit. Councilman Torre stated this is a good area for a hotel. Councilman
Torre agreed the environmental efforts are commendable. Councilman Torre applauded
the move toward more standard sized rooms and adding 3 affordable housing units on
site. Councilman Torre questioned the programming of the hotel and how this project
will affect this side of town and town in general.
Sarpa told Council the sensitivity of the community on this project is for that part that is
not pure hotel. Sarpa said this project has been squeezed down for 4 years and the
challenge has been to make the non-hotel portion of the project as small as possible.
Sarpa said a too-small hotel will not work. The applicants have cut fractional units, have
cut free market residential, and cut the program. Sarpa said this is about 50% hotel and
50% other spaces. Sarpa told Council they have listened to the adjacent property owners,
to P&Z and Council at conceptual, all who said make this hotel as small as you can make
it, as low as you can make it and make it the best program.
Councilman Torre said conceptually he agrees with a lodge in this location; but
practically does it work for the community and for the applicant. Councilman Torre
reiterated he is concerned about the impacts for the future of this side of the mountain.
Councilman Torre questioned approving 139 parking spaces as programmatically
adequate or appropriate for this area. Councilman Torre said he may be being asked for
approval of a hole that may be too big and neighbors are concerned about that excavation.
Sarpa said Council has heard from the neighborhood; the applicants have worked and
worked with the neighbors on this building. Each homeowner associations has supported
the project or has. withdrawn major objections. Sarpa said the only issue left is the soil
stability for the Shadow Mountain homeowners. Sarpa said they are working with
Shadow Mountain on insurance or indemnities for their risks. Sarpa said there will only
be one layer of parking. Sarpa said the applicants are willing to make slope stability a
condition of this approval. Sarpa agreed the project is over parked but it is done so to
provide parking for the neighborhood and for the general public using this area. Sarpa
said they have put a lot of effort into this project.
Vann noted there is an attachment to his letter talking about the code requirement for
parking as well as the proposed parking. Varm said the code requirement was reduced in
the land use code to incentivize new lodge development. The parking requirement is .5
space/room. Vann said this is adequate in the winter and may not be adequate in the
summer. Varm said this proposed underground parking will replace some of the parking
lost from the surrounding neighborhoods. Vann noted this is a lodging neighborhood
and there are only 3 or 4 owners in this vicinity. Vann said the only residential properties
are on the edge of this project. Varm said this neighborhood, except for the abutting
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Aspen City Council
April 9. 2007
properties, is almost invisible from other parts of town. This will enhance the other side
of the ski mountain and will provide benefits for the community, the street, the new lift.
Varm noted is necessary to put 4 free market units in a project like this to make it a viable
entity and is a small price to pay for revitalizing this side of town
Mayor Klanderud said the benefits are revitalization of this side of the mountain,
additional hotel rooms, and the environmental program. Mayor Klanderud said she
favors the extra parking. . Mayor Klanderud said the community is lucky to have
someone willing to build a hotel of this caliber in this location. This area has always
been zoned as a location for lodging. The Aspen Area Community Plan recommends
lodging in this area. Mayor Klanderud said the proposal is an appropriate use in this
location.
Councilman Torre moved to suspend the rules and extend the meeting; seconded by
Councilman DeVilbiss. All in favor, motion carried.
Councilman DeVilbiss moved to adopt Ordinance #5, Series of2007, on second reading.
Motion FAILS for lack of a second.
Councilman Torre noted he asked for numbers of the various components of the project
and would like to see these before he votes. The applicants requested time to calculate
these numbers.
Councilman Torre moved to continue Ordinance #5, Series of2007, until later in the
meeting; seconded by Mayor Klanderud. All in favor, with the exception of Councilman
DeVilbiss. Motion carried.
ORDINANCE #8. SERIES OF 2007 - Aspen Highlands Village subdivision
Councilman Johnson came back to the Council table. Jessica Garrow, community
development department, said this request is to change a commercial space and a
condominium space into one free market unit. P&Z approved a PUD amendment for this
change by a substantial review process. Council review is for a subdivision amendment,
which deals with technical considerations. This project requires a subdivision review
because it is creates a multi-family unit in a mixed unit building. There are 2 different
review standards for subdivision amendment; insubstantial and other amendment. An
insubstantial amendment is approved by the community development director based on
technical or engineering considerations. The community development director can also
determine if the proposal has no effect on conditions and representations limiting the
approval. Ms. Garrow said this proposal did not quality for insubstantial because of the
term "no effect" and that it should be processed as an other amendment.
Ms. Garrow noted the criteria for an other amendment is whether it is consistent with the
approved plat. Ms. Garrow recommended approval as this is consistent with the
approved plat. Substantial review was completed by P&Z. Ms. Garrow told Council in
block E of the original PUD, 16 townhomes were approved and 15 townhomes were
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Aspen City Council
April 9. 2007
built, leaving a floating free market unit of development rights. The free market unit can
be located within the PUD. Staff feels this request is consistent with the plat and with the
approvals received with the PUD.
Bob Daniel, representing Hines Highlands LP, told Council the Highlands subdivision
was approved in 1998, armexed into the city pursuant to a water service agreement and
pre-armexation agreement. A plat of lots and blocks was recorded and as development
happened, condominium maps were recorded for each building defining the spaces within
the buildings. Daniel told Council there will be no amendment to the document recorded
in 1999. Daniel showed where the various components of the Highlands subdivision are
located, where the ski hill is, where the townhome not built in block E of the Maroon
neighborhood would have been located. Daniel showed where the proposed free market
unit would be located on the back side of the Ritz, White River lodge. Daniel said the
subdivision map will not change, there is no additional free market unit, and it is being
put into an existing building at Highlands.
Daniel said the applicants have a free market develop rights; there are not a lot of places
to locate this within the subdivision. The commercial market at Highlands has been a
challenge; this space has nominal mall frontage and has been an empty space for 5 years
and is adjacent to residential uses.
Mayor Klanderud opened the public hearing. Ms. Garrow entered comments into the
record from Frank Spofford, resident at Highlands who opposes the change from
commercial to free market. There is a letter from Georgia Hanson also not in favor of
this change.
Mayor Klanderud closed the public hearing.
The plat is exhibit A and the condominium map is exhibit B.
Ms. Garrow told Council at P&Z the review criteria dealt with meeting the AACP and
other issues. Staffrecommended denial; however, P&Z supported it. This review before
Council is only technical issues, so staff is supporting this request. Glenn Horn,
representing Hines Highlands LLP, told Council the code does not have a provision for
amendment of a condominium map. The plat has not changed; this is only an internal
change within a building. The use within those walls is not subject of this review. This
use was an amendment to the PUD, which was approved by P&Z.
Councilman Johnson said he cannot divorce the use from the plat amendment request.
The Highlands proposal had uses, affordable units, commercial, how much parking, how
many free market units. Daniel said the plat did not address uses. John Worcester, city
attorney, reiterated P&Z dealt with the use request. Worcester said Council's role is
limited to determining whether or not the change is consistent with the plat, not the uses.
This request is to change an interior wall and to make one unit out of two. Chris Bendon,
community development department, said there are 3 levels ofreview; administrative,
other and substantial. Bendon said substantial would be adding lots. Other amendments
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Aspen City Council
April 9. 2007
are changes that are consistent with the plat but inconsistent with representations of the
approval. In this case it would be a free market residential unit where there is a
condominium meeting space and a commercial space. Staff did not find this request to be
consistent with that representation. Worcester said it could be argued this is consistent
with the PUD as the floating residential unit will be landed on the plat. Worcester said
this is a benefit because the residence will be located within an existing building.
Councilman Torre moved to adopt Ordinance #8, Series of2007, on second reading;
seconded by Mayor Klanderud.
Councilman Johnson stated he finds this inconsistent. Councilman Johnson stated he
carmot see how this benefits the long term viability of commercial space at Highlands.
The commerciality of Highlands has always been a struggle. Councilman Johnson
suggested non-profit organizations might use this space as an office. Daniel noted there
are no uses represented on the plat. Councilman Johnson said there is a need for
commercial space in town. Councilman Johnson said this request seems inconsistent
with the original intent.
Mayor Klanderud said the applicants have a unit to which they are entitled. This space
can accommodate that floating unit. Councilman Johnson stated if this space becomes a
free market space, there will be no chance for the space to become commercial.
Roll call vote; Councilmembers DeVilbiss, no; Torre, no; Johnson, no; Mayor
Klanderud, yes. Motion NOT carried.
ORDINANCE #5. SERIES OF 2007 - Lodge at Aspen Mountain
Sunny Vann told Council the space is broken out as free market is 5% or 16,800 square
feet; fractional units 18% or 58,800 square feet; lodging is 39% or 126,900 square feet,
the associated amenities is 7% or 22,000 square feet which includes a spa, restaurant,
sundry shop, meeting room; affordable housing is 2% or 7,200 square feet and parking is
29% or 95,000 square feet. These are gross numbers in order to include parking, which
does not count in FAR calculations. Vann noted that fractional is also a lodge use
because it is required to be rented. Lodge rooms and fractional rooms total 57%.
Sarpa passed out conditions to be added to the ordinances. There will also be an
additional commitment regarding slope stability and that the applicant and Shadow
Mountain homeowners will reach a mutual agreement on slope stability.
Councilman Torre moved to adopt Ordinance #5, Series of2007, on second reading;
seconded by Councilman DeVilbiss.
Councilman DeVilbiss said this project is huge, balanced against all the developers
assets, which includes a unanimous approval from P&Z, mitigation for 108 employees
when 60% would only require 94.5 units; provision of more than required off street
parking, 124 spaces are required and the plan calls for 264. Councilman DeVilbiss said
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Aspen City Council
April 9. 2007
the reconstruction and snow melting of South Aspen street is a positive. Councilman
DeVilbiss pointed out 21 employees or 22% are being housed on site. There will be 60
employees housed at Smuggler Racquet Club and 27 at the Airport Business Center.
Councilman DeVilbiss noted an extraordinary green building program using ground
source heat pumps is proposed. New lodge rooms and a new ski lift are part ofthis
proposal.
Councilman DeVilbiss stated there is less open space than the allowable minimum,
24,550 square feet are required and 16,000 square feet is proposed. The maximum
allowable floor area is 93,000 square feet and 175,000 square feet is proposed, which is
almost double. There are minor incursions into the setback requirements. The height is
proposed at 55' against an allowable maximum height of28'. Councilman DeVilbiss
said he thinks the additional off street parking will be a traffic generator and selling or
leasing these spaces amounts to another free market unit. Councilman DeVilbiss said the
construction impacts are staggering; there will be 10,000 dump truck loads of excavated
materials that will need to be hauled away. Councilman DeVilbiss stated the scale of the
building and the scale of the construction at 34 months are beyond what he can approve.
Councilman Torre said he wants a lodge in this location; it is better than a townhouse
project. Councilman Torre said this project still needs work and he would like to see
what the applicants can do. Councilman Torre said he carmot put the community through
this size of construction. Councilman Torre said a total of 80 lodge rooms with 56 of
them standard size does not justify the size of the development. Free market and
fractional are 23% of the project. Councilman Torre stated he would be willing to give
the applicants another opportunity to see if they can amend this project to see ifit could
garner Council support.
Roll call vote; Councilmembers DeVilbiss, no; Torre, no; Mayor Klanderud, yes.
Motion NOT carried.
Councilman Torre moved to reconsider the previous motion; seconded by Mayor
Klanderud. All in favor, with the exception of Councilman DeVilbiss. Motion carried.
Councilman Torre moved to continue Ordinance #5, Series of2007, to May 14; seconded
by Mayor Klanderud. All in favor, with the exception of Councilman DeVilbiss. Motion
carried.
Councilman DeVilbiss moved to go into executive session at 10:25 p.m.; pursuant to
C.R.S. 24-6-402(4)(a) acquisition of property; seconded by Councilman Torre. All in
favor, motion carried. Also present at the executive session were Bentley Henderson,
Steve Barwick and John Worcester.
Councilman Torre moved to come out of the executive session at 11:10 p.m.; seconded
by Councilman DeVilbiss. All in favor, motion carried.
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Aspen City Council
April 9. 2007
Councilman Torre moved to continue Resolution #29, Series of2007, to April 23;
seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman Torre moved to adjourn at 11:10 p.m.; seconded by Councilman DeVilbiss.
All in favor, motion carried.
Kathr
,~~
. Koch, City Clerk
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