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Continued Meetinl!
Aspen City Council
Mav 15, 2007
Mayor Klanderud called the continued meeting to order at 5:15 p.m. with
Councilmembers DeVilbiss, Johnson, Torre and Tygre present.
Ordinance #1 L Series of2007 - Land Use Code Amendment, Commercial Zone
Chris Bendon, community development department, noted additional language has been
inserted in this ordinance based on previous discussions. This language states the
allowable FAR may not be the achievable FAR in every circumstance. Bendon stated
this is important language; it says every site is unique and every site has circumstances
that are different and development is shaped by those circumstances in the land use code,
including the design guidelines, the historic design guidelines, the view planes, and
others. The actual achievable development rights including FARis a function of all those
and will be different on every site and may be less than the allowable FAR as stated in
the land use code. The allowable FARis a topset number and not a guarantee and not an
entitlement. Bendon said this language is important and that the achievable FAR is a
function of the review process and the land use code applied to individual cases. Bendon
pointed out this language in each of the FAR sections
Bendon said the affordable housing requirement in these zone districts is being tripled,
which is a substantial change, and it is also requires the affordable housing be on site.
Bendon said this allows for an increase in FAR if 100% of affordable housing is provided
on site. Councilman Johnson said getting affordable housing on site with commercial
development was a goal from the beginning of in fill. Councilman Johnson said this code
amendment with the note about achievable FAR eliminates the entitlement argument.
Councilman DeVilbiss noted that "achievable" in each of these four paragraphs needs to
be stricken. Councilman Johnson said he feels the requirement for affordable housing
should be read as parity between the needs of the developer and the needs ofthe city and
is an important aspect to be achieved through these land use amendments.
Mayor Klanderud opened the public hearing. There were no comments. Mayor
Klanderud closed the public hearing.
Councilman Johnson moved to adopt Ordinance #11, Series of2007, striking the first
"achievable" from those paragraphs reading "floor area ratio" on pages 4, 7, 10, and 12,
so that it reads, "the maximum FAR is not an entitlement. . "on second reading;
seconded by Councilman Torre. Roll call vote; Councilmembers DeVilbiss, yes; Tygre,
yes; Torre, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried.
Ordinance #13, Series of2007 - Adopting Commercial Design Review Standards
Councilman Johnson said he has reviewed the revised ordinance and staff's
memorandum. Councilman Johnson said his only remaining issue is in the guidelines
1.35,3.15,4.15, and 6.43, deal with first floor heights. Councilman Johnson said his
concern is a minimum on the 2nd floor and a maximum on the 3rd floor for heights. Amy
Guthrie, community development department, pointed out the guidelines address the 2nd
and 3rd floor levels and require a maximum height rather than a minimum height.
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Continned Meetinl!
Aspen City Council
Mav 15, 2007
Councilman Johnson said he would like to see finished heights for affordable housing at
9'. Councilman Johnson said if not there is a maximum set, the 3rd floors may be 15' or
greater. Councilman Johnson said he would like parity in designing heights for 2nd and
3 rd floors. Ms. Guthrie read from the design guidelines that "no upper floor shall be taller
than the 151 floor". The guidelines also state when the 3 rd floor is taller than 12' feet it has
to be set back. The guidelines do not state the 2nd and 3rd floor have to be equal in height.
Councilman Johnson agreed the 2nd and 3rd floors do not have to be equal but no floor
should be less than 9'. Councilman Johnson said he would like the guidelines to address
a minimum of 9' floor to ceiling, on any floor, this would alleviate any concerns.
Mayor Klanderud asked about preservation of views of historic buildings. Ms. Guthrie
said the guidelines restrict height next to historic buildings. Mayor Klanderud said she is
referring to buildings like St. Mary's and the Wheeler Opera House. Chris Bendon,
community development director, pointed out where in the guidelines it discusses iconic
historic structures, "Visually prominent historic structures influence the design character
of downtown Aspen and should be recognized, the Wheeler, Elks, Independence
Building, Courthouse, Jerome, City Hall and St. Mary's Church". The ordinance will be
codified in the land use code and will refer people to the guidelines, which will be a
separate document for distribution. The city's consultant separated rule of law and what
should be codified and what should be a guideline with some flexibility.
Mayor Klanderud opened the public hearing
Sunny Vann pointed out there are two growth management competitions dates in the
code and commercial design review will probably come up with other types of reviews.
The ordinance states conceptual design review cannot be consolidated with growth
management. Vann said the only growth management competition in 2007 would be
August 1 st and it will be difficult for anyone to receive a design review before the growth
management application date. Vann said Council may need to extend the growth
management date. Bendon suggested Council consider an administrative change for that
date when they review the growth management ordinance next week.
Mayor Klanderud closed the public hearing.
Bendon said when Council and staff discussed iconic buildings, they determined these
should be listed because "iconic" may not mean the same to everyone. Ms. Guthrie
pointed out the guidelines state the overall setting of iconic buildings needs to be
respected. Councilman DeVilbiss said changing "include" to "are" for the list of iconic
buildings to define what the buildings are. Bendon agreed the guidelines need to be clear
on what is meant by iconic buildings. Bendon said the intent of this is to identify
buildings that are prominent in the downtown, not the historic pattern of downtown
which is covered in other parts of the guidelines. Councilman Johnson said these 7
buildings are sufficiently large and sufficiently situated on their site that changing
"include" to 'are" will get Council what they want.
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Continued Meetinl!
Aspen City Conncil
May 15, 2007
Councilman Johnson moved to adopt Ordinance #13, Series of2007, on second reading,
amending it to add a minimum floor to ceiling height be no less than 9' to all the
applicable chapters, commercial core historic district; commercial character area, and the
central mixed use character area and changing "include" to "are" in the 6.33 box;
seconded by Councilwoman Tygre.
Councilman Torre complemented staff on the team work and the massive work in these
code amendments. Councilman Torre said he feels the commercial design review
guidelines will have the greatest impact on the community.
Roll call vote; Councilmembers Torre, yes; Tygre, yes; Johnson, yes; DeVilbiss, yes;
Mayor Klanderud, yes. Motion carried.
Ordinance # 14, Series of 2007 - Land Use Code Amendments Growth Management
Quota System
Chris Bendon, community development department, pointed out the original GMQS was
a competitive system because no one knew what the standards might be. This was
changed to a first come first serve system. This amendment blends the best of both
systems, identifies the objectives of the community and applies a score to those. Bendon
told Council projects all come in on the same date, and are analyzed according to the
objectives, scored and the project with the highest score has a first chance at the annual
allotments. All projects must comply with the minimum standards; this is a base
requirement. Bendon said this asks the private sector to compete among themselves and
outdo each other on community goals. Projects must go through a conceptual design
review first. This will make the process longer but allows everyone to compete on an
equal basis with all design parameters met. This will weed out projects that have no
chance of getting built. This is a major change in the growth management structure.
Bendon noted anything that equates to one affordable housing unit or more and having to
do with cash-in-lieu will go to Council. Bendon said there are 4 types ofreview;
administrative applications, minor P&Z, major P&Z and Council applications.
Administration applications are small, simple projects that will not have to compete.
Minor P&Z review have some policy implications and the.public should have a comment
period. These will not have to go through competition.
Bendon said Council applications require policy decisions, like essential public facilities
or affordable housing located outside the city. Projects that go through competition are
defined as major P&Z competitions, must achieve a community objective score with the
highest score going first. This system allows for community objectives to evolve and
change. Council will discuss this code amendment in depth at the May 2151 meeting.
Councilman Torre moved to continue the meeting to May 21st at 2 p.m.; seconded by
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