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Rel!ular Meetinl!
Aspen City Council
April 23, 2007
PROCLAMATION - Aspen Crime Victims' Week ..........................................................2
PROCLAMATION - Global Days for Darfur ................................................................... 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 2
CONSENT CALENDAR ................................................................................................... 3
. Resolution #30,2007 - Sunny Views Annexation ................................................. 3
. Request for Noise Variance - Jazz Aspen .............................................................. 3
. Housing Board Appointment - Jennifer Hall......................................................... 3
. Minutes - April 2; April 9, 2007 ............................................................................ 3
FIRST READING OF ORDINANCES.............................................................................. 3
. Ordinance #18, 2007 - Disconnect Lot 5, Stillwater Ranch................................... 3
. Ordinance #19,2007 - 500 W. Francis - Historic Landmark Lot Split................. 3
. Ordinance #20, 2007 - Extension of Landuse Application Moratorium................ 3
RESOLUTION #29, SERIES OF 2007 - Extension of Vested Rights - S. Aspen Street. 4
ORDINANCE #15, SERIES OF 2007 - Rights of Way Standards ................................... 5
ORDINANCE #16, SERIES OF 2007 - Supplemental Appropriation.............................. 6
ORDINANCE #49, SERIES OF 2006 - Wienerstube Subdivision ................................... 7
ORDINANCES 9 - 14, SERIES OF 2007- Land Use Code Amendments ....................... 7
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Rel!ular Meetinl! Aspen City Council April 23. 2007
Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Tygre,
Johnson, Devilbiss and Torre present.
PROCLAMATION -Aspen Crime Victims' Week
Mayor Klanderud and Council proclaimed April 23 to 28 to be City of Aspen Crime
Victims' Week and joined concerned citizens to raise awareness of victims' rights and to
recognize crime victims and those who serve them during this week and throughout the
year.
PROCLAMATION - Global Days for Darfur
Mayor Klanderud and Council proclaimed April 23 to 28 to be Global Days for Darfur
and commended the Colorado Coalition for Genocide Awareness and Action as well as
the many citizens who take part in Global Days.
Council, staff and citizens observed a moment of silence to reflect on violence and
victims of violence and to be thankful for our safe community and for those who protect
the community.
CITIZEN COMMENTS
1. Toni Kronberg said citizens are confused about the bus lane question on the May
ballot and urged the city to put out information about that ballot question. Ms. Kronberg
noted there is a work session tomorrow about the outdoor pools at the ARC. Ms.
Kronberg asked if the public will be allowed to comment or will there be a public
hearing.
COUNCILMEMBER COMMENTS
1. Mayor Klanderud congratulated the Broadway Players on a great performance at
the Wheeler. There is an enormous amount of talent in this valley.
2. Mayor Klanderud thanked the environmental health, parks and other city
departments for working to clean up the city on Earth Day.
3. Councilwoman Tygre said it was suggested to her that Council take a site visit to
A vonlEdwards to see what development looks like.
4. Councilwoman Tygre said she applied for a category 3, one-bedroom affordable
housing unit and there were 78 applicants in the lottery for that unit. Councilwoman
Tygre noted the demand for this size and category of units is still high and Council
should keep that in mind when reviewing mitigation for development applications.
5. Councilman Johnson said Council began the Voices on the Entrance to Aspen
process in the last year. Councilman Johnson stated after the community meeting at the
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April 23. 2007
Wheeler last week, he could figure out there is any clear direction from the participants.
Councilman Johnson requested Council give direction to staff to develop a menu of
options to help traffic congestion at the entrance to Aspen that can be instituted before
summer. Councilman Torre stated he is against raising parking rates in downtown until
there are more transit alternatives. Councilman Torre said he would like the city to use
Buttermilk parking lot as an intercept lot and to provide free transportation from there.
Councilman Torre stated he supports staff developing a menu of options. Councilman
DeVilbiss, too, said he would like staff to bring back a complete menu for short term
improvements for the Entrance to Aspen. Mayor Klanderud said she would like to see
the outcome of the ballot question on May 8th before looking at the short term
improvements.
6. Councilman Torre announced sample ballots are available in the city clerk's
office and the county clerk's for the May election.
CONSENT CALENDAR
Councilman Torre moved to approve the consent calendar; seconded by Councilwoman
Tygre. The consent calendar is:
. Resolution #30, 2007 - Sunny Views Annexation
. Request for Noise Variance - Jazz Aspen
. Housing Board Appointment - Jennifer Hall
. Minutes - April 2; April 9, 2007
Councilman Torre requested Jazz Aspen make recycling and trash management a priority
for their event at Rio Grande park. Joe Lang, Jazz Aspen, told Council they plan to have
a carbon neutral event. All in favor, motion carried.
FIRST READING OF ORDINANCES
. Ordinance # 18, 2007 - Disconnect Lot 5, Stillwater Ranch
. Ordinance #19, 2007 - 500 W. Francis - Historic Landmark Lot Split
. Ordinance #20, 2007 - Extension of Landuse Application Moratorium
Mayor Klanderud recused herself from Ordinance # 19 due to a personal relationship with
the owners; Councilwoman Tygre recused herself from Ordinance #20 because her office
has an involvement with the property.
Councilman Johnson moved to read ordinance #20, Series of2007; seconded by
Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE #20
Series of 2007
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AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED
PURSUANT TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMENDED
PURSUANT TO ORDINANCE NO. 23, SERIES OF 2006, ORDINANCE NO. 38,
SERIES OF 2006, AND ORDINANCE NO.3, SERIES OF 2007
Councilman Johnson moved to adopt Ordinance #20, Series of2007, on first reading;
seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Johnson, yes;
Tygre, yes; Torre, yes; DeVilbiss, yes; Mayor Klanderud, yes.
Councilman Torre moved to read Ordinance #18, Series of2007; seconded by
Councilman DeVilbiss. All in favor, motion carried.
ORDINANCE NO. 18
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY
OF ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "LITTLE STAR
FOUNDATION RANCH DE-ANNEXA nON"
Councihnan Johnson moved to adopt Ordinance #18, Series of 2007; seconded by
Councihnan DeVilbiss. Roll call vote; Councihnembers Torre, yes; Johnson, yes;
DeVilbiss, yes; Mayor Klanderud, yes. Motion carried.
Councihnan Johnson moved to read Ordinance #19, Series of 2007; seconded by
Councihnan DeVilbiss. All in favor, motion carried.
ORDINANCE NO. 19
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 500 W. FRANCIS
STREET, LOTS Q, R, AND S, BLOCK 27 CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
Councihnan DeVilbiss moved to adopt Ordinance #19, Series of2007, on first reading;
seconded by Councilman Johnson. Roll call vote; Councihnembers Johnson, yes; Devilbiss,
yes; Tygre, yes; Torre, yes. Motion carried.
RESOLUTION #29, SERIES OF 2007 - Extension of Vested Rights - S. Aspen Street
Councilman Johnson recused himself because he lives on the property; Councilwoman
Tygre recused herself as she voted on the project at P&Z.
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Joyce Allgaier, community development department, told Council this resolution would
permit extension of vested rights for the development plan approved in 2003 and vested
rights extended in 2006. The approved project is 14 free market and 17 affordable
housing units on the same site as the proposed Lodge at Aspen Mountain. The applicant
is requesting one more year of vested rights while they pursue approval of a lodge project
and not have to construct this residential project. Stafffeels the free market residential
project is not in the best interest of the city and this site could attain more community
goals with a different proposal. Ms. Allgaier noted staff has made findings in favor of
extension of vested rights. There are criteria for Council to review in order to find that
time to further pursue of a different project would be in the best interest of the city.
John Sarpa, applicant, told Council the process is on-going for the lodge project. Sarpa
said this project is about 100,000 square feet of floor area ratio, which would require a lot
of time in the building department for review of permits. Sarpa noted this extension was
applied for in March and this was the first available Council time. There are many
tenants in the Mine Dumps and if the applicants have to proceed with building permit,
they will need to start work and the tenants will have to vacate now.
Mayor Klanderud opened the public hearing.
Amos Whiting, resident of South Aspen, stated he is in favor of the extension so they can
stay on this spot longer. Whiting said he feel the lodge would be a better project than
free market units. Whiting said on projects in the past, buildings on the site have been
demolished and then the site sat vacant for months or years. Jordan Dann, resident of
South Aspen, told Council there is a community in this area with many families. It would
be a very short period of time if they had to vacate in a month and find a new place to
live. Roberto, resident of the Mine Dumps for years told Council he has a family of 5
and with short notice it will be difficult to move. Toni Kronberg said when there is new
development; there is always the issue of where people who live in those developments
will go.
Mayor Klanderud closed the public hearing.
Councilman DeVilbiss moved to adopt Resolution #29, Series of 2007, Extension of
Vested Rights for South Aspen; seconded by Councilman Torre. All in favor, motion
carried.
ORDINANCE #15, SERIES OF 2007 - Rights of Way Standards
Adam Trzcinski, engineering department, told Council, this ordinance amends title 21,
Street, Sidewalks and other public places, which has not been amended since 1990. The
main change is to delete the reference to director of public works and insert city engineer.
The detailed technical criteria for engineering standards has been taken out of the ordinance
and inserted by reference. This will allow staff the ability to revise the technical criteria
much more speedily.
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Mayor Klanderud asked about section 21.04.050 Occupancy of public right-of-way
prohibited without encroachment license. Mayor Klanderud said this seems to state that
public amenities like awnings or covered doorways would not be issued between November
15 and March 31. Trzcinski said there are two types of permits; right-of-way permit to
permit an applicant to physically disrupt a right-of-way and an encroachment license, which
is for temporary occupation of the right-of-way. Mayor Klanderud said the paragraph seems
to read as if"no permit" will be issued during those dates that public amenities like awnings
will not be licensed during that period of time. Trish Aragon, city engineer, said there is a
restriction in the commercial zone for encroachments during the summer season, in order to
make the commercial core look like a resort area. The intent of this amendment is to
prohibit encroachments for construction during the winter season.
Mayor Klanderud opened the public hearing.
Toni Kronberg asked if there are standards for sidewalks. Trzcinski said that section is not
being amended and there are standards depending on the zone district. Ms. Kronberg asked
about provision for taking care of trees in city rights-of-way. Mayor Klanderud said that is
covered in a different section of the code. Eben Clark asked if these standards are in conflict
with the commercial design standards, the subject of Ordinance #13. Clark said some
construction is lot line to lot line and if encroachments are not allowed particularly shoring,
that seems to be a conflict and makes construction extremely expensive.
Mayor Klanderud closed the public hearing
Ms. Aragon suggested removing the amendment to section 21.04.050 from adoption ofthis
ordinance. Staff will rework and bring back an amendment to that section at a later date.
Councihnan Johnson moved to adopt Ordinance #15, Series of 2007, eliminating
21.04.050(a); seconded by Councilman DeVilbiss. Roll call vote; Councilmembers
Devilbiss, yes; Tygre, yes; Torre, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried.
ORDINANCE #16, SERIES OF 2007 - Supplemental Appropriation
Paul Menter, finance department, told Council this is the first supplemental request of
2007 and it contains all capital improvement projects from the prior year. The total
budget is increasing from $91 million to $128 million. The operating budget is going
from $42 million to $46 million; the capital budget is going from $19 million to $46
million; interfund transfers from $19 million to $25 million.
Mayor Klanderud opened the public hearing.
Andrew Kole asked about the expenditure for the Zupancis property. Menter said the
cost to renovate the building and make it usable by city staff, equip it with computer and
phones lines are part of the total. Bentley Henderson, assistant city manager, noted the
total is a carry forward of also renovating the first floor of city hall. Kole asked how long
it will take to recoup the $900,000 expected to be spent on the ARC energy efficiency
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improvements. Menter said there is about a 7 year return on those capital costs. Toni
Kronberg asked if the anticipated improvements for the outdoor pool at the ARC are part
of this appropriation. Steve Barwick, city manager, said they will come back later if
directed by Council. Pamela Cunningham told Council she supports an increase of staff
for the building department as they are understaffed.
Mayor Klanderud closed the public hearing.
Councilman Johnson moved to adopt Ordinance #16, Series of2007, on second reading;
seconded by Councilman DeVilbiss.
Councilwoman Tygre said she is concerned about the increase in staff in the building
department based on the level of construction, which may only last 3 years.
Councilwoman Tygre said she hope this will be revisited and there is concern that these
are being characterized as permanent staff. Mayor Klanderud agreed these are not
"permanent" positions. John Worcester, city attorney, noted these positions will be
advertised as full time regular employees.
Roll call vote; Councilmembers Tygre, yes; Torre, yes; Johnson, yes; DeVilbiss, yes;
Mayor Klanderud, yes. Motion carried.
ORDINANCE #49, SERIES OF 2006 - Wienerstube Subdivision
Jessica Garrow, community development department, told Council no action is required
as the applicant has amended their application regarding growth management for the free
market units. The case will go back to P&Z.
ORDINANCES 9 -14, SERIES OF 2007- Land Use Code Amendments
Jennifer Phelan, community development department, reminded Council there has been a
moratorium since April 2006 on land use applications. Concerns leading up to that
moratorium were scale of development, programming within the building, the pace and
impacts of construction. The moratorium affected commercial, lodging and multi-family
zones. Over the past year, staff has been working on issues and the P&Z as well as HPC
have worked hard with hearings and meetings to meet the time frames. The community
development department hired local and national consultants, experts in design, landuse,
lodging and retail marketing, to assist in reviewing and amending the land use code. Ms.
Phelan pointed out there are 6 land use code amendment ordinances on the agenda as a
result of all the work of staff, boards, and consultants, These ordinances discuss the
design of buildings, reduction in heights in some zone districts, a reduction in floor area
and changes in mitigation and incentives.
Ordinance #9 Residential Multi-Familv
Ordinance #9 proposes changes to residential and multi-family zones. Ms. Phelan said
Council had concerns about units being redeveloped on replacement sites and the
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April 23, 2007
affordable housing components. Ms. Phelan said there is a cap in the infill area to a
2,000 square foot unit size for a free market unit and outside the infill area, a cap of 2500
square foot is proposed. These caps can be increased by 500 square feet if a transfer of
development right is purchased and landed on that site. .
Ms. Phelan said the purpose of the multi - family residential zone districts is to create
multi-family development and to incentivize that development. Where a single family or
duplex is completely demolished, the replacement of that structure with a single family or
duplex will be at 80% ofthe existing allowable floor area ofthat district. If one has an
existing single family structure and wants to build an addition, one can get 100 % of the
allowable floor area but if a structure is demolished and replaced, the incentive would be
to do multi-family rather than replace it with single family or duplex. Mayor Klanderud
said it should be made clear this only applies in the residential multi-family zone districts.
Ms. Phelan told Council those are the only changes from the existing code.
Councilman Johnson asked ifP&Z changes are incorporated in this ordinance. Ms.
Phelan said most of the changes were made in the commercial code amendment.
Councilman DeVilbiss said there are allowable heights of25' for low density and 32' for
high density and asked what the 7' difference accomplishes. Ms. Phelan said that could
be a third story and if one is adding more density, they might use that 32'.
Ms. Phelan said there are 2 options oflanding a TDR. In certain zones, if it is not a
historic property and one decides to land 250 square feet floor area on to the house, it can
be landed as additional floor area. Ms. Phelan said this amendment places a cap on a
multi-family unit size by net livable, square footage interior wall to interior wall, rather
than adding additional floor area to the site, the 500 will add square footage to the size of
the unit but not change the overall floor area allowed for the entire site. Councilman
DeVilbiss asked why a 250 square foot TDR becomes 500 square feet; how does the 250
double itself. Ms. Phelan said the code reads if one buys a TDR, they have the option to
either land it on a single family home for 250 square feet of floor area or if one is
developing a multi-family project, it would be worth 500 square feet of net leasable.
Ms. Phelan said a TDR program is created to protect something and the historic resource
is being protected by removing floor area and it depends on community goals to
determine where the incentive to buy it would be; it could be a density bonus. Ms.
Phelan said TDR has been crafted to add floor area to single family and duplexes or to
enlarge dwelling unit in a multi-family structure without increasing FAR. Councilman
DeVilbiss said he does not want a precedent that 250 square feet TDR becomes a 500
square feet. Ms. Phelan noted the zone district express how a TDR can be landed.
Councilwoman Tygre said the language reads as a TDR is that one can add 500 square
feet and it does not state that this will increase the overall FAR of the building. Ms.
Phelan said the code states the maximum shall apply to free market and affordable
residential units and shall be measured pursuant to the definition of net livable area on a
per unit basis. Councilwoman Tygre pointed out that the fact this should not increase the
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overall FAR of the building should be in this section. Council agreed a sentence stating
this does not increase the FAR should be added in paragraph 11.
Councilman Torre asked how the 20% reduction for a single family dwelling was arrived
at and whether staff feels this will accommodate Council's goals.
Mayor Klanderud opened the public hearing.
Stan Clauson agreed it will be clearer if a phrase is added that the use of a TDR shall not
increase the overall floor area. Clauson noted the paragraph also states, One TDR may
be used to increase the size of multiple units on one parcel provided the total increase for
the parcel is not more than 500 square feet per TDR". Clauson said if there were 4 units
on a parcel, could one use 4 TDRs. Clauson urged Council to consider multiple TDRs to
allow multiple units at 3,000 square feet on one sit outside the infill area. Toni Kronberg
said one of the reasons for the moratorium was scale of some buildings; scale is height,
density and mass. Ms. Kronberg noted a third story is not in complian~e with the AACPs
goals of protecting Aspen's character and 32' is too high. The 5' setback on side yards
causes problems and should be greater to preserve yards and open space.
Mayor Klanderud closed the public hearing.
Councilman Torre moved to continue Ordinance #9, Series of2007, to April 24 at 5 p.m.;
seconded by Councilman DeVilbiss. All in favor, motion carried.
Ordinance #11. Commercial Zone and Ordinance #13. Commercial Design Standards
Jennifer Phelan, community development department, told Council these two ordinances
are related. The commercial design objectives were in response to Council's concern
about the style and scale of buildings being developed in Aspen. Stafffelt the existing
commercial design review standards were not as extensive as they could be. Ordinance
#13 covers the commercial design review standards, the pedestrian amenities and also
adopts the commercial lodging guidelines. Ordinance #11 amends the zone district
standards for commercial, mixed use, neighborhood commercial and service/
commercial/industrial.
Ms. Phelan said the intent of the design guidelines are to create varied building heights,
appropriate public amenities, modulation of the massing of buildings, and provide design
guidance to applicants. Ms. Phelan pointed out the ordinance contains a new process for
commercial design review, which is a two-step review conceptual and final. Ms. Phelan
said Ordinance #13 adopts the commercial design guidelines and makes them a
regulatory document. Ms. Phelan noted the current land use code contains a commercial
design review section, which is the only review standards and criteria for a commercial or
lodging building. These proposed design guidelines supersede those and will be used to
review projects. This chapter outlines whether a project is reviewed by HPC or by P&Z
and sets out the design review process as a two-step process. The conceptual review
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develops the site characteristics and locks in the height, the pedestrian amenity location,
how the building is sited.
Ms. Phelan told Council pedestrian amenities will be called public amenities and the area
in which public amenities will be required includes any commercial zone district, like
S/C/I and NC. Ordinance #11, which addresses the actual zone districts, changes the
dimensional standards; reducing the height in the zone districts, reduces the overall floor
area/lot; changes the requirements of individual uses.
Nore Winter, Winter & Associates, presented key factors in the design guidelines.
Winter said the concerns passed on to him were mass and scale of buildings. The draft
standards contain lower FAR to provide variety in massing to get variety. Variety in
building height is an interaction between standards and design guidelines. Another
concern was building heights and the base height of 38' is established in the guidelines.
Council indicated they wanted more articulation and variation of facades on the streets
for a sense of scale and to reflect the traditional scale of Aspen. Winter pointed out there
are guidelines that address horizontal and vertical articulation.
Winter said Council also wanted the street level interest enhanced in the commercial
areas, to promote street fronts and other design features. Winter said Council wanted
greater detail about public amenity spaces, where it is most appropriate on site. A menu
of choices has been included to help in the review of public spaces. Another directive
was to make certain historic resources are taken into consideration. Guidance is given
about the location of public spaces to make use of views to historic sites and where the
mass and scale of adjacent properties would be influenced. There are guidelines
addressing stepping down the scale of a new building adjacent to a historic resource.
Winter said these guidelines are written to interact with other code amendments,
providing guidelines about where additional height might be appropriate. Winter said
there are some models illustrating different sizes and scales using constraints and
mitigation formulas.
Winter noted the guidelines are organized into 7 characters areas, including the 2 historic
districts. Guidelines have been drafted for each of the areas with specific design
objectives. The character areas generally follow zone boundaries but not always. Winter
said there are general guidelines to provide guidance. These are to promote an
interconnected pedestrian circulation system; to promote a system of public amenity
space and outdoor activities; create a vibrant street edge and sense of traditional scale.
These general guidelines drive more specific objectives for each character area.
Winter showed design objectives for specific areas; striking a balance between relating to
the commercial core and recognizing that some variation in architecture treatment may be
welcome. The guidelines focus on creating a strongly defined building wall or street
edge. The river approach area is different in context with design objectives that focus on
the pedestrian experience and acknowledges the natural resources edges that should be
considered in any development. Each character area is organized in the same sequence of
topics. These should give an applicant more clarity about the city's expectations about
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the character of design in commercial and lodging district. These guidelines should also
assist the boards in reviews of proj ects.
Ms. Phelan noted this ordinance lowers the overall floor area on a site; it changes the
maximum floor area for different uses to result in different programming in a building.
There are public amenity requirements. Ms. Phelan said stories may have to be
eliminated to meet design objectives. The ordinance requires modulation of height.
There are view planes to be protected in the downtown core. These will all work together
to create a variety of building forms. Ms. Phelan said applicants often just look at the
dimensional requirements to see what can be built on a site so an overall cumulative
allowance for a site has been added, and in the commercial core this is 2.75:1. this does
not mean a building will be 2.75:1 because there are other requirements like adjacent
buildings, public amenity spaces and what can be programmed within a building. Ms.
Phelan suggested language in the cumulative section stating the achievement ofthe
maximum floor area is only with compliance of the individual floor areas by use, by
meeting the design standards and the public amenities requirements, the maximum ratio
may not be achievable.
Ms. Phelan told Council in the commercial core, a two-story element is a given a
maximum height of28'. The zone district overall height is at 38' which may go up to 42'
through design review, which will depend on the context in which the building is located.
The design objectives require modulation of a variation of 2' between buildings. This is
an overall reduction dfheight of what is currently allowed of up to 46' with a 15'
setback.
The overall floor area is 2.75: I instead of 3: 1. There are changes for individual uses; free
market housing is reduced from I: I to .5:1. This may be increased to .75: I if one does a
I: I ratio of affordable housing. The ordinance also requires the commercial square
footage matches the free market component so a building could be 113 commercial, 113
free market and 113 affordable housing.
Ms. Phelan told Council P&Z recommended lodging be allowed in the commercial core
district. The maximum residential unit size is 2,000 square feet for multi-family units.
This could increase to 2500 square feet by extinguishing a TDR. Ms. Phelan said P&Z
also recommended a maximum lodge unit size of 1500 square feet. Ms. Phelan said for
the C-l zone, there is clarification on what transitional means in the purpose statement of
the ordinance. The ordinance reduces the maximum height of the building from what is
currently allowed. The floor area has been reduced from 3:1 to 2.5:1. P&Z
recommended lodging also be allowed in this zone district.
Ms. Phelan said P&Z requested that motorcycleslbicycles shop be allowed at 100% of the
floor area for retail sales in the S/C/I zone. Ms. Phelan said additional allowed uses have
been allowed. Ms. Phelan pointed out P&Z recommended that professional office uses
be allowed on second floors. This would include design offices and any design offices on
first floors may stay but not be expanded or relocated. The maximum residential unit size
is 1500 square feet, which may be increased to 2000 square feet. The total free market
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residential cannot exceed the commercial component in any project. This will get ground
floor being used for commercial uses.
The allowed height in the neighborhood commercial zone has been reduced to 28', which
can go up to 32' upon review. The floor area ratio for free market housing has been
reduced with allowance up to .5:1 if 100% affordable housing is provided. The mixed
use zone districts have a reduction in height, a reduction in the free market multi-family
housing FAR and a cap on residential unit size of2,000 square feet, going up to 2500
square feet with the extinguishment of a TDR. Mayor Klanderud asked the rationale for
recommending lodging in the commercial core zone district. Ms. Phelan said P&Z felt
lodging was a use that the city wanted to promote and there are examples like the
Independence Square building. Mayor Klanderud said her concern is that lodges can be
fractional ownership or condominium hotels, which would lead to free market units.
State law does not allow regulation on the type of ownership. Councilman Johnson asked
if the code amendments contain a joint HPC and P&Z review for new projects. Ms.
Phelan said both HPC and P&Z recommended a referral from one board to the other
rather than a joint review. Ms. Phelan said creating joint reviews with each of their
schedules seemed daunting and the Boards preferred the ability for referral.
Mayor Klanderud opened the public hearing on Ordinance #11.
Susannah Reid, architect, told Council the architects in the S/C/I zone have worked with
staff and have attended P&Z meetings and appreciate where they have gotten with the
language on the uses. Toni Kronberg said these documents are lengthy and it is difficult
to have read them by this meeting and understand the changes. Ms. Kronberg said the
two step review process with referrals could pose problems because not everyone will
agree. Councilman Torre said he feels this is a great first step forward; heights have been
lowered; FAR has been lowered.
Mayor Klanderud closed the public hearing.
Mayor Klanderud asked if these reductions will continue to garner new development and
development that J;I1eets the goals of viability and energy in the downtown core. Mayor
Klanderud asked ifthere is a time limit for "incubator" office; how long one would get to
be an incubator office. Ms. Phelan said Ordinance #11 said incubator and professional
offices are allowed on the second floor with no limitations. Mayor Klanderud said there
has to be a way to regulate how long one can have an affordable space as an incubator
business/office. Mayor Klanderud requested staff look into this regulation. Mayor
Klanderud said she has problems with the S/C/I and is reluctant to use space for public
amenities that could be better for S/C/I uses. Winter said there is an assumption that the
S/C/I zone will be redeveloped with a lot more mass; there might be the opportunity for a
village-like area with linked public amenity spaces.
Councilman Torre asked about the deletion of the dance, teaching, creative performing
art space in the S/C/I zone. Councilman Torre said he does not feel these should be
excluded. Ms. Phelan pointed out these will be treated as professional offices and the
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April 23, 2007
definition of professional office has been amended to reflect that. Councilman Torre said
he would like staff and Council to decide how they want to continue to support S/CII and
have it work best for the community. Ms. Phelan noted there is currently no cap on the
size of net leasable unit spaces; Council should consider if they want a cap. Councilman
Johnson agreed there needs to be a thorough investigation of the office and permitted
uses in the S/C/I. If this is not completed by the end of the moratorium, the S/C/I
moratorium could be continued.
Councilwoman Tygre questioned the 10' height on the first level, is that part of the
dimensional requirements. Ms. Phelan said this is part of the design guidelines, not the
dimensional requirements. Councilwoman Tygre asked where the connection between
the two requirements is located. Winter noted there is a connection in the Design
Guidelines. Councilwoman Tygre said a higher building is justified when the community
is getting something desirable, like a taller first floor. Councilwoman Tygre said if it is
not specified that the extra height has to be used on the first floor, the third floor
residential unit will get the 12' ceiling. Councilman Johnson asked where it is that
Council can turn down projects because the height is given to the third floor. Ms. Phelan
noted the design objectives states that buildings should be designed to maintain the
stature of traditional street level retail frontage. Mayor Klanderud said she hopes the
design objectives do not eliminate creative designs. The code should allow sufficient
flexibility for architectural designs. Ms. Phelan said the flexibility will be keeping the
guidelines as opposed to putting these guidelines in the land use code.
Councilman Torre moved to suspend the rules and extend the meeting to 10 p.m.;
seconded by Councilman DeVilbiss. All in favor, with the exception of Councilwoman
Tygre. Motion carried.
Councilman Johnson said the city will look at increasing heights if they step down next to
a historic structure or they encourage taller ceilings on the first floor, or it encourages
creativity. Councilman Johnson said applicants latch on to the maximum. Councilman
Johnson said it is frustrating when there are incentives for community goals but that is
not what applicants present in their projects.
Councilman Johnson moved to continue Ordinance #11, Series of2007, to April 24'\
seconded by Councilman DeVilbiss. All in favor, motion carried.
Ordinance #13. Series of2007 - Commercial Design Standards
Jennifer Phelan, community development department, said the land use code, section
26.412, is the current commercial design review. This section outlines which board
handles commercial design review, the process for design review and the existing
standards for commercial or lodging. These standards are minimal. Ms. Phelan said if
property is located within one of the historic districts or is individually landmarked; the
project will be reviewed by the HPC. If an applicant is requesting designation, this will
be reviewed by the HPC. All other reviews for commercial or lodging projects will be
done by P&Z. There is referral ability between the two boards. The review procedure is
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April 23, 2007
the same for conceptual for either board. Conceptual is for siting issues - massing,
height, where the public amenities will be located. Those are the only issues to be
handled at conceptual review. Once approval is given for those issues, an applicant will
be locked into that. The conceptual approval will be forwarded to Council who has a 30
day call up period. Ms. Phelan said before an application can go through conceptual
review, it must have conceptual design.
The final review will consist of things like how the public space is treated, what is the
fenestration treatment like, what will the materials be. Other land use reviews, like
growth management, can be tied into the final review. Ms. Phelan told Council computer
modeling will be required so staff and Council can see how a building will fit into the
neighborhood.
Ms. Phelan pointed out some design standards have been deleted because they are
contained in the design standards rather than the land use code. One design standards is
to meet the design objectives in the commercial design. Some sign elements have been
kept because they are not covered in the design standards. Ms. Phelan said there are
minor amendments that can be granted; however, any major changes would require an
application to go through design review process again.
Ms. Phelan reminded Council "pedestrian amenity" has been changed to "public
amenity" and the physical area where this amenity will be required has been enlarged.
The document contains a map of the area where these amenities will be required. Ms.
Phelan said the requirements for public amenity have not changed a lot; 25% of a parcel
is required to be provided as a public amenity. For redevelopment on parcels with less
than 25%, the prior to development about what was provided can be maintained as long
as it is no less than 10% of the parcel. Ms. Phelan said there is no longer an automatic
cash-in-lieu payment; however, there is the option to do partial cash-in-lieu and partial
land. Ms. Phelan pointed out the current cash-in-lieu payment is $50/square foot and the
ordinance recommends $75/square foot. Ms. Phelan said this outlines what is appropriate
design for public amenities, like open to the sky.
Ms. Phelan pointed out Ordinance #13 states it adopts the Design Guidelines as a
regulatory document. Mayor Klanderud said it appears there are currently violations of
open space or pedestrian amenities being used for commercial which is either an
expansion of commercial FAR or using the open space illegally. Councilman DeVilbiss
suggested the adoption of the Design Guidelines be referenced in the land use code.
Mayor Klanderud opened the public hearing.
Toni Kronberg noted the ordinance refers to Commission but does not specify which
commission. Ms. Phelan pointed out under the section addressing "review authority" will
define which commission reviews the public amenity and the design guidelines. For
ease, the language states commission, indicating either/or. The process will outline
which will be the reviewing board. Ms. Kronberg said she is concerned about HPC
taking over all development review in the commercial core. Ms. Kronberg asked ifthere
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April 23, 2007
is criteria for cash-in-lieu of public amenities. Councihnan Torre said this is no longer a
"right"; it has to be approved by P&Z. Councilman Torre said there is criteria in the
guidelines addressing this.
Junee Kirk said she is concerned about the cash-in-lieu and mitigation that would allow
variations. Ms. Kirk said the purpose of redoing the land use codes is to preserve the
scale and character and if this allows buildings to go from 38' to 42' to 46', it does not
preserve scale. Eben Clark said there needs to be a cross referencing mechanism to find
the design guidelines applicable to one's development. Clark said heights and mass
should be contextual to existing structures and this should apply in general not just in
historic districts.
Mayor Klanderud closed the public hearing.
Councilman Torre said this is a step forward toward preserving the scale and character of
Aspen.
Councilman Johnson moved to continue Ordinances #,10,12, 13, and 14, Series of2007
to April 24'h at 5 p.m.; seconded by Councilman Torre. All in favor, motion carried.
Councilman Torre moved to continue the meeting to April 24 at 5 p.m.; seconded by
Councilman DeVilbiss. All in favor, motion carried. Council left Chambers at 10 p.m.
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Kathr . Koch, CIty Clerk
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