HomeMy WebLinkAboutminutes.council.20070501
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Continued Meetinl!
Aspen Citv Council
Mav 1. 2007
Mayor Klanderud called the meeting to order at 4:55 p.m. with Councilmembers
DeVilbiss, Tygre, Johnson and Torre present.
Councilman DeVilbiss moved to go into executive session at 4:55 p.m. pursuant to
c.R.S. 24-6-402(4)(a) the purchase, acquisition, lease, transfer, or sale of any real,
personal, or other property interest; seconded by Councilman Torre. All in favor, motion
carried. Also present at the executive session were John Worcester, Steve Barwick,
Bentley Henderson, Paul Menter, Ben Gagnon and Greg Hunter of Morris/Fyrwald Real
Estate.
Councilman Torre moved to come out of executive session at 5:15 p.m.; seconded by
Councilman Johnson. All in favor, motion carried.
Ordinance #10, Series of2007 - Land Use Code Amendment - Lodge Zones
Jennifer Phelan, community development department, reminded Council there is a
maximum FAR in the commercial zones and individual F ARs by use. Council asked
staff to clarify that achieving the maximum floor area may not be achievable. This
language will also be added to the lodge district, "Achieving the maximum floor area
ratio is subject to compliance with applicable design standards, view plane requirements,
public amenity requirements and other dimensional standards. Accordingly the
maximum achievable FAR is not an entitlement and is not achievable in all situations".
Ms. Phelan said Council discussed lowering the allowable maximum height in the CC
and CL zones, which allows buildings up to 42' through design review and a certain
average room size for lodge units. The proposed change is a maximum allowable height
of 40'. These amendments will be incorporated for final reading of these code
amendments.
Ms. Phelan said Council discussed a sliding scale regarding the amount of free market
residential development allowable in a lodge. This scale is based on the average unit
size. Ms. Phelan presented the draft ordinance figures for free market and the Council
recommended numbers, which are a lodge units 600 square feet or greater would receive
no free market incentives; 25% free market residential component with an average units
size of 500 square feet; 40% average unit size 400 square feet and 60% for average unit
size 300 square feet or less. Council requested staff contact HVS consultants for an
analysis regarding the reality of these incentives and staff has not yet received an
answered.
Councilman Torre said he is not sure HVS is hearing Council's intention and is listening
to an evaluation of Aspen's market rather than goals of the Council. Councilman
DeVilbiss said he would like to see the underlying data HVS used to come to their
conclusions and recommendations to Council. Mayor Klanderud read from the HVS
recommendations that with the seasonality of the lodging market in Aspen and the high
construction costs, to offset these costs free market units are incorporated into
developments. Councilman Johnson agreed HVS recognized the impediments of the
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Continued Meetinl!
Aspen City Council
Mav 1. 2007
lodge market in Aspen and reinforced that a free market component is an aspect of
obtaining smaller rooms. Councilman Johnson said the information does not tell Council
on what the proposal is based relative to the incentives. Councilman Torre said he would
like more information on the current state of lodging in Aspen; where the different
properties are located; the price and size break down of units. Councilman Torre said he
does like the lower incentive percentages as suggested by Council. Mayor Klanderud
said the information on current lodges, occupancy, room size, could be obtained from the
ACRA. Councilman Johnson said there are problems with Council getting what they
want for the community. Councilman Johnson said he would like to see lodge units back
into the growth management quota system to buy time to do analysis to see how to get
what the Council wants. Alan Richman reminded Council lodge projects tend to come
with large requirements and the quota system stopped development until there was
enough quota available.
Councilwoman Tygre agreed she would like to look at putting lodge units back in the
quota system. Councilwoman Tygre said these amendments are an improvement to the
lodge code and she would be willing to adopt the amendments knowing there will be
further refinements. Councilwoman Tygre said trying to retain small lodges has been
going on for 30 years. The small lodges are non-conforming, are older, are located in
residential neighborhoods and small lodges represent specific problems. Nothing the city
has done to encourage small lodges has worked. Councilwoman Tygre said she is afraid
these amendments will not get the community lodge rooms or hot beds. Councilwoman
Tygre said she would like more information about deed restrictions on lodge units.
Councilwoman Tygre said she is afraid passing this legislation will get the community
what is not wanted rather than what is wanted.
Councilman Johnson said he could support a luxury lodge zone at the base of Aspen
mountain. Councilman Johnson said the community needs to preserve the lodges but has
not seen a way to do that. Councilman Johnson said this ordinance may not be fine
grained enough to encourage the preservation of smaller lodge rooms and lower prices.
Mayor Klanderud stated she does not support putting lodge units back into the growth
management quota system. Mayor Klanderud said she would like to know whether the
percentages proposed by Council would work at all. Councilman Johnson noted the
parking mitigations have been lowered; the employee generations figures were lowered
as an incentive. Councilman Johnson said the free market percentages are way too high
and the community will not get projects they want. Councilman Johnson said he does not
want to encourage projects that drive the community backwards. Councilman Johnson
said growth management is a historically proven method to control the rate by which
proj ects come forward.
Councilman DeVilbiss moved to continue Ordinance #10, Series of2007, to May 15,
2007; seconded by Councilman Torre.
Councilman DeVilbiss requested staff to comment on the advisability of putting lodge
back into the growth management quota system and what that accomplishes.
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Continued Meetinl!
Aspen City Council
Mav I, 2007
All in favor, motion carried.
Ordinance #11, Series of 2007 - Code Amendments - Commercial Zones
Jennifer Phelan, community development department, noted each zone district has a
cumulative maximum floor area ratio and for each zone district, language will be added
to clarify that achieving the maximum floor area is subject to compliance to all other
rules and regulations. Ms. Phelan said the community development director will discuss
inclusion of lodge units in the commercial core zones. Ms. Phelan said the S/C/I zone
will be separated out and staff will collaborate on development lessons learned from
Obermeyer Place and will work with existing property owners on more study ofthis
zone.
Ms. Phelan said there is a cap on residential units in these commercial zones varying
from 1500 square feet to 2000 square feet, with increases possible with the extinguishing
of a TDR. Ms. Phelan said this maximum unit size is for maximum multi-family
dwelling unit sizes. In the mixed use zone district, single family and duplexes are
allowed with an FAR allowance so the cap is on multi-family in the zones.
Ben Gagnon, community development department, presented a memorandum regarding
"community commercial". Councilman Johnson said "locally owned" should be stricken.
Councilman Johnson stated he supports adding community commercial into GMQS and
to allow points to be earned toward a project getting ahead of a straight commercial.
Gagnon noted staff is concerned about the deadlines on this and is recommending a place
holder for community commercial in GMQS. Mayor Klanderud said she supports a place
holder in GMQS. Councilman Torre agreed with staffs recommended action and said
he would like to leave the F ARs as outlined. Mayor Klanderud said the S/C/I zone
deserves the extended time and attention.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Ordinance #13, Series of2007 - Code Amendments Commercial Design Review
Guidelines
Ms. Phelan said this ordinance adopts the commercial and lodging design guidelines as
well as amends Chapter 26.412, commercial design review which also addresses public
amenity spaces. Ms. Phelan pointed out the adoption of the design guidelines has been
put into the text ofthe ordinance so that it will be in the land use code. Ms. Phelan
reminded Council of the 28' height requirement for a building located next to a historic
structure. This height restriction provides some flexibility in range and design of a
building. This also provides a maximum so there is the flexibility through commercial
design review to require a lower height.
Ms. Phelan pointed out the area in which public amenity will be required has been
expanded. A map will be included in the land use code so that the area is defined. Ms.
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Aspen City Council
Mav 1. 2007
Phelan requested Council allow edit by staff ofthe photographs in the final commercial
design guidelines; the text will not change. HPC has said that the fourth fayade, the roof,
can be seen and it should be carefully addressed during review. The roofscape should be
designed with the same design attention to the secondary elements; mechanical use
should be screened from view. Ms. Phelan said the small lodge character area does not
include parking or building design and articulation. This should be added similar to in
other areas with parking in the rear of the building or on the secondary street.
Ms. Phelan reminded Council design review is divided into two step process, conceptual
and final. Ms. Phelan said staff wants to review the guidelines to make sure the correct
reviews are in the proper steps. Ms. Phelan noted some of the character areas contain
several zoning districts. Ms. Phelan said Council requested clarification on when,
through commercial design review, a building can exceed the maximum height, this
needs to be reviewed and flushed out. Ms. Phelan said there is new language in the
design review guidelines stating the height should be varied every 60' minimum,
preferably every 30', of street frontage in keeping with historical lot development. This
also states a rear portion of a third module may rise to 3 stories if the front is set back a
minimum of 40' from the street fayade.
Ms. Phelan pointed out a statement, "new development adjacent to historic residential
single story building shall not seek 28' in height within 30' of the property line". This is
clarified that the area one has to drop along is where it abuts the neighboring property.
There is language clarifying how much a building needs to step down and for what
distance. The new additions are a minimum standard for 2nd story floor to ceiling
heights, a minimum of 9'. Councilman Torre said the section on who will be the
reviewing body should be clarified and a mechanism on what triggers cross review
between HPC and P&Z. Councilman Torre said he is afraid that HPC will be sidelined.
Councilman Johnson said he community development director should decide which
commission has standing on which project at the onset. Council agreed. Ms. Guthrie
noted HPC has a lot oftraining in design review; they have Board members who are
skilled in design.
Councilman Torre moved to continue Ordinance #13, Series of2007, to May 14, 2007;
seconded by Councilman DeVilbiss. All in favor, motion carried.
Councilman DeVilbiss moved to adjourn at 8:00 p.m.; seconded by Councilman Johnson.
All in favor, motion carried.
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