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HomeMy WebLinkAboutminutes.council.20080128Regular Meetin¢ Aspen City Council January 28, 2008 CITIZEN PARTICIPATION .............. COUNCILMEMBER COMMENTS.. CONSENT CALENDAR ................... • Resolution #8, 2008 - Contrac ORDINANCE #1, SERIES OF 2008 - RESOLUTION #9, SERIES OF 2008 ORDINANCE #29, SERIES OF 2007 .............................................................................. 2 .............................................................................. 2 .............................................................................. 2 AACP Existing Conditions .................................. 3 434 E. Cooper (Bidwell Building) Subdivision... 3 South Aspen Street Extension of Vested Rights 6 - 634 Hyman (Wienerstube) Subdivision ............. 7 1 Regular Meetine Aspen City Council January 28, 2008 Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Skadron, Romero and Johnson present. CITIZEN PARTICIPATION 1. Toni Kronberg said the X Games were wonderful; however, there are issues with public transportation and the city should be working on solutions for next year. Ms. Kronberg told Council she is committed to coming up with a solution for the Entrance to Aspen solution and will be working on a 4-mountain aerial transportation system. COUNCILMEMBER COMMENTS 1. Councilman Romero thanked all the volunteers who joined the Citizens' Budget Task Force. Council had the first meeting with them last week. 2. Councilman Romero thanked the Aspen Valley Hospital. His family had an emergency experience and the hospital did a dynamite job. Councilman Romero said this is a testimony to the wonderful small town we have. 3. Mayor Ireland said he attended 3 days of X-Games. The city of Aspen had a booth promoting environmental stewardship and good work was done by Sally Spaulding and Calla Ostrander. 4. Mayor Ireland noted the X-Games were a great experience and were relatively trouble free with no incidents at Buttermilk. 5. Mayor Ireland said the street crew continues to do an awesome job. Mayor Ireland noted the city is putting snow anywhere they own property as the snow storage at the airport is running out of room. 6. Mayor Ireland also thanked all the people who volunteered for citizen's budget task force. Mayor Ireland noted a lot of people have signed up to be on the Historic Preservation advisory committee. Mayor Ireland noted the next EOTC meeting is February 14`h at 2 p.m. CONSENT CALENDAR Resolution #8. Series of 2008 -Contract AACP Existing Conditions Report -Jessica Garrow, community development department, told Council this $75,000 contract with RRC, Boulder, and Elk Mountain Planning Group is for the existing conditions report for the AACP. This contract includes two check-in meetings with Council; March 3 and May 5. The report will be used to educate visitors and residents about existing conditions in Aspen and will be part of the public process for the AACP update. The final product will be delivered no later than May 3151. Reeular Meeting Aspen City Council January 28, 2008 Mayor Ireland asked if the city has the existing conditions report from 1993 and 2000; these will be useful for comparisons. Councilman Romero asked about "place making" exercise and what does that entail. Ms. Garrow said this place making is about the character of Aspen. A survey will be done in February and March asking citizens to list their 3 favorite places to congregate and to meet people and their 3 favorite places to reflect and be outside. Staff will collate the top 10 vote getters. In April there will be an exercise and the public will be invited to speak on their favorite of the 10, which will result in a document listing each place and why it is important to the community. This will be part of the AACP update and plan. (Councilman DeVilbiss came into the meeting) Councilman Romero said the growth management piece will be done by Alan Richman and Mitch Haas and asked if this is included in the $75,000 budget. Ms. Garrow said it is not; it is a different topic and growth management needs a specific effort. A growth management data base and build out study will be done. Councilman Romero asked about the graphic design piece and from where will this be paid. Ms. Garrow told Council the monies for this contract and the growth management piece will be taken from the 2007 carry forward, which is $84,000. Ms. Garrow said the public process will be a different budget. Mayor Ireland said he would like to see the graphic design work done locally. Mayor Ireland asked if staff has the property tax records from 1993. Ms. Garrow said staff is working on that. Toni Kronberg asked what the existing conditions will be compared against. Ms. Kronberg asked about the interaction with the public in this first phase. Ms. ICronberg said she does not want to see a report prepared and then have the community comment on the report. Ms. Kronberg said there is a separation between allowed zoning and the vision of the AACP. Mayor Ireland said existing conditions report is not a plan; it compares conditions like traffic levels, build out, heights, populations, incomes, economics, tourist visits and outlines the state of activity, not whether things comply with the AACP. Councilman Romero moved to approve the consent calendar; seconded by Councilman Skadron. The consent calendar is: • Resolution #8, 2008 -Contract AACP Existing Conditions • Minutes -January 14, 2008 All in favor, motion carved. ORDINANCE #1, SERIES OF 2008 - 434 E. Cooper (Bidwell Building) Subdivision Jennifer Phelan, community development department, told Council this is a redevelopment plan for 434 E. Cooper, also known as the Bidwell Building. Ms. Phelan said this request is for redevelopment of a new building which will contain subgrade parking, office and commercial on the ls` and 2"a floor; 3 affordable housing units on the 2"a floor and 3 free market residential units on the 3`a floor. This property is located in the commercial core zone with a historic district overlay. Regular Meetia>? Aspen City Council January 28, 2008 Ms. Phelan told Council the HPC received an application for a demolition review for this property, which HPC approved. Council called up that recommendation; Council upheld the HPC's decision. Council initiated an application for historic designation. HPC recommended against designation; Council voted against historic designation. The applicants applied for and received conceptual approval for a new building. The applicants also received growth management approval from P&Z. Councilman Skadron asked about the floor area ratios for the proposed development. Ms. Phelan pointed out each floor area, commercial, free market residential and affordable housing, are all less than the maximum allowed. Councilman Skadron asked about the justification for decreasing the maximum unit size to 2,000 square feet. Ms. Phelan said the then-Council was seeing residential free market units in the downtown that were very large and they adopted a code amendment to limit the size of free market units in order to get more density and more vitality in the downtown. John Worcester, city attorney, pointed out Council was concerned that owners would turn the majority of a building in the commercial core into one large free market unit. Councilman Skadron asked if these rental units might convert to sales units. Ms. Phelan said P&Z discussed sales versus rental units and if the units become non-compliant on the rental market, they will convert to sale units. Councilman Skadron brought up the subdivision review criteria and asked if there are conditions placed on the commercial space. Mitch Haas, representing the applicant, said there are no conditions on the existing or proposed spaces. Councilman Skadron asked if the applicant would consider qualifying the office spaces as "locally serving uses" for instance medical offices or excluding certain uses. Councilman Skadron noted the criteria says if the community's intention is to retain and encourage an eclectic mix of design styles, does not the existing building satisfy that standard, and does demolition of an eclectic building not satisfy a standard meant to retain eclectic buildings. Councilman Skadron requested comments on that issue at second reading. Councilman Skadron stated he appreciates the design principles of historic patterns with transitional neighborhoods, implementing green practices, and the quality of the affordable housing units. Councilman Skadron asked for second reading the applicant address construction management plan, pedestrian amenities, and a proposed restaurant use. Mayor Ireland asked the height of this building. Ms. Phelan said it is 41' at the highest point. John Rowland, representing the applicant, noted it is 39' along Cooper street mall and as the grade steps down, it is 40' 10" at the alley. Mayor Ireland asked if this is under the code provision that allows the greater of employee housing mitigation for commercial or residential. Ms. Phelan noted this application was submitted prior to the land use code amendments and is being reviewed under that standard. Ms. Phelan said through growth management and discussing which process to take, it made sense to go under the new land use code. Ms. Phelan said the housing requirement is the greater of the two of mitigations on site and the applicants are mitigating for the free market residential Reeular MeetinE Aspen City Council January 28, 2008 because the existing commercial has a credit of employees generated based on the existing net leaseable space, which is being reduced. The mitigation requirement for free mazket residential is 30% of the net livable area, which is 6,000 square feet of net livable. Mayor Ireland said it is a weakness of the code to allow demolition permit independent of consideration of replacement, which does not seem like sound planning. This should be discussed at a later date. Haas told Council the applicants went through a growth management competition and tried to provide a plan that exceeded all requirements. Haas noted the applicants committed to a minimum of silver certification in the LEEDS program. This is a constrained site and is surrounded by development. This may be a first LEEDS certified building in the commercial core. Haas pointed out there is a net decrease in total net leasable area and the commercial component generates no affordable housing requirement. The applicants are taking subpar space, none of the spaces in the building are handicap accessible nor can they be made accessible without major upgrades, and replacing it with improved commercial spaces. Three affordable units aze proposed for the 2"d floor. Haas noted the project is 3500 square feet less than what is allowed on this site by zoning. Haas said the project proposes parking in the basement as this is on a pedestrian mall and currently has no parking. Haas said with a zero requirement for affordable housing for the commercial space, if you add that to the requirement for free market residential, the requirements have been exceeded. Mayor Ireland said with a rebuilt building, the rents will go up and how does that help tenants remain in the building. Haas said the biggest issue with tenants is that spaces are difficult to see and to find. Councilman Romero asked for a table that compiles existing uses, name of tenants, squaze footage occupied to measure against the proposed new plan at second reading. Councilman Romero said he would like the break down of square footage for retail and square footage For office. Councilman Romero asked if the applicants have given any thought to relocating existing tenants into the new project and if any tenants are going to come back. Councilman Romero said he would like a summary of the major criteria that a mixed use project would have to achieve in order to receive a silver LEEDS certification. Councilman Romero said he would like to know if the parking is aself-service type. Councilman Romero asked for comments on congestion of uses in the alley, how this will integrate with the adjacent neighbors. Councilman Romero said he appreciates the expanded analysis of this application in context with the AACP both from city staff and from the applicant. Mayor Ireland said staff is working on a commercial standard for measuring BTU/square foot and he would like to know what LEED certification means in terms of that standazd. Councilman DeVilbiss moved to read Ordinance #1, Series of 2008; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #1 (Series of 2008) Regular Meetin¢ Aspea City Council January 28, 2008 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISON LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councihnan DeVilbiss asked what effect an approval at first reading has. John Worcester, city attorney, stated it means that Council has complied with the requirements of the City Charter, requiring two readings of an ordinance. Worcester said the purpose of this is to give the public advanced notice when a project will be considered. Councilman DeVilbiss asked if Council's approval on first reading binds the Council to any specific approvals on second reading. Worcester stated it does not and it allows the project to proceed to public hearing. Councilman DeVilbiss moved to adopt Ordinance #1, Series of 2008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #9, SERIES OF 2008 -South Aspen Street Extension of Vested Rights Councilman Romero stated his firm is engaged with a component of this ownership in a different project; however, this is an extension of vested rights for a different project that already has approval, he stated he does not feel he needs to step down. Jennifer Phelan, community development department, told Council this is a request for extension of vested rights submitted by Aspen Land Fund II. This property is on South Aspen street and the current approval is 17 affordable housing units and 14 free market residential units. The project is being reviewed for a building permit. Ms. Phelan reminded Council they reviewed and denied a lodge, which would have been built in lieu of townhomes, for this property. Ms. Phelan told Council the applicant is considering participating in a master planning process for this area but would like assurance that the townhome project can continue. This resolution would give extension to July 28, 2009, of the vested rights while the master planning goes on. Ms. Phelan noted based on the review criteria, staff is recommending extension of vested rights with two conditions. Ms. Phelan noted the second condition would allow the existing building permit application to be dormant. Ms. Phelan pointed out the building code contains a requirement that the building permit expires after a certain time unless an extension is requested. This applicant is participating in the master planning process and would like the condition to state that the building permit section does not apply. The applicants would also like the assurance that they may reactivate the building permit application at anytime by adding "the applicant shall have the right to reactivate the building permit at anytime prior to July 28, 2009". Councilman Romero asked if there is any assurance there will be participation in the master planning process. Councilman Johnson noted the resolution does refer to the ReEUlar Meeting Aspen City Council January 28, 2008 applicant participating in a master planning process. John Sarpa, applicant, told Council they have had discussions with the Ski Company and Lift One Lodge to work on how feasible a master planning for this azea is. Sarpa said they would like to freeze the townhome application and allow the master planning process to go forward. John Worcester, city attorney, said staff and the interested parties have agreed to present something to Council by February 25`h. Mayor Ireland moved to approve Resolution #9, Series of 2008, with amendments as outlined; seconded by Councilman DeVilbiss. John Worcester, city attorney, said the 4 parties -the Ski Company, two developers and the city -will request Council consider that entire area eligible for a COWOP. This will describe the area, the parties involved, the process to be followed, a timetable, the scope of work, and have Council identify members of the task force. Mayor Ireland asked if Council will have time to outline their goals for this process. Worcester said staff will hear from Council and can present it to the applicants. Worcester said staff would like to be as flexible as possible and have asked the other parties not to present their final goals. Councilman Johnson said he would like to meet with staff to let them know what he would like to see in a master planning process. Mayor Ireland said one of the things that could be done in the COWOP process is to have a P&Z review to get their input. Councilman Skadron said the ski lift is a significant component of the proposed application. Worcester said the Ski Company understands one of the points of discussion is moving the ski lift. Councilman DeVilbiss stated he has been skeptical about the COWOP process; however, he is resolved that where the Lodge at Aspen Mountain was headed was an all or nothing proposition. Councilman DeVilbiss said the COWOP might lead to something better for the area including moving the lift closer to town. Mayor Ireland opened the public hearing. Les Holst said there should be language that protects the citizens of the community. Toni Kronberg said this could be one of Aspen's best diamonds in the entire community, if it is planned right. Ms. Kronberg said the COWOP process can be a good one if the public is included in it early. All in favor, motion carved. ORDINANCE #29, SERIES OF 2007 - 634 Hyman (Wienerstube) Subdivision Jessica Garrow, community development department. noted there is a memorandum from Stan Clauson dated January 28, 2008, two petitions with 40 signatures supporting the proposal, and a set of pictures from the area context provided by Charles Cunniffe. Ms. Garrow said there are two amendments from the applicant to provide acash-in-lieu payment of $459,293 for 2.25 full time equivalent employees, which is in addition to the proposed on site affordable housing units. Ms. Garrow reminded Council the project ReEUlar Meetine Aspen City Council January 28, 2008 requires mitigation of 25.9 FTES. The proposed cash-in-lieu with the units tota129.25 FTES, an excess of 3.35 FTES. Ms. Garrow pointed out under the land use code; one mitigation can be used to accommodate employee mitigation requirements in the same building. The applicant has proposed eliminating one level of the subgrade parking garage, reducing the parking from 47 spaces to 23 spaces. Ms. Garrow said if Council approves that change, the ordinance will need to be amended in the dimensional table. The land use code requires 23 parking spaces so the reduction will still meet the code. Staff recommends approval of the project and the memorandum outlines compliance with the Aspen Area Community Plan. Councilman Romero asked what staff means by high quality of the affordable units. Ms. Garrow said there is outdoor space provided for all the units; there is a mix of categories, which is a benefit to the community, and there are a large number of units that will be located in town. Councilman Romero said in design quality "insure the character of the built environment of Aspen is maintained, through outreach and public education". Ms. Garrow noted this review is for subdivision, the division of spaces, not looking at the design of the building. The design quality section relates when one is discussing scale and mass. Talking about subdivision, the act of dividing land, the design quality section does not relate as well. Ms. Garrow said context is an important part of this conversation. Mayor Ireland asked if the affordable housing mitigation is based on the 10,000 square feet of commercial footage. Ms. Garrow said it is. Mayor Ireland asked what the affordable mitigation would be for the free market units. Ms. Garrow said it would be 30% of the net livable area, or 3,827.4 square feet or 9.5 FTES, additional to what is being presented. Stan Clauson, representing the applicants, entered into the record an analysis of buildings in the area, showing 3 story buildings, indicating the contextual appropriateness of a 3 story building at this location. Clauson also presented a petition with 40 signatures in support of this application. Clauson said there is a letter dated January 22"d detailing the process this went through and the benefits the project brings to the community. Clauson told Council this project went through commercial design review for the bulk, mass and appearance of the building and met all those requirements. Clauson said the key question in this review is whether this proposed subdivision is consistent with the Aspen Area Comprehensive Plan. Clauson stated it is consistent with the AACP. Clauson said that provision was originally intended to look at density and the density levels established on a statewide basis. It has been interpreted more broadly in many categories and the applicants feel this project meets those categories. Clauson noted it provides the largest increment of affordable housing ever provided by a commercial developer. The 12 units will house 27 employees. The application meets aspects of the plan relating to transportation and provides an in town location. This project revitalizes a portion of a block that is tired. There is a 6,000 square foot parking lot, which does not serve the public interest well. Regular Meeting Aspen City Council January 28, 2008 Clauson noted someone presented outlines of the existing Wienerstube building and proposed Wienerstube building. Clauson said there is no question the proposed Wienerstube will be larger. Clauson said the existing building has no pazking, no affordable housing units, and only 2 businesses. Clauson said in order to provide housing for 27 employees as well as several commercial opportunities, the building will be larger. Clauson told Council the proposed building is less than could be allowed by zoning; less in overall floor area with 49,376 square feet and 54,000 square feet is allowed. Clauson said the building is lower; the commercial squaze footage is less than allowable; the free market residential unit square footage is less than allowable. Clauson reiterated this building is larger than the existing Wienerstube; it does more things; it will revitalize the block. The building is not larger than allowed by zoning. Clauson pointed out there are protected view planes in this community; none of those protected view planes are anywhere near the Wienerstube. Other views are protected by zoning, establishing the height and setbacks for different zone districts. Clauson noted no part of this building totally obscures views of Aspen Mountain. Clauson said the applicants have made an offer for additional cash-in-lieu payment, although the proposal meets the affordable housing mitigation requirement under the existing land use code. Clauson said eliminating the 2"d level of parking will reduce the construction impacts. Mayor Ireland opened the public hearing W. R. Walton said at the December 3`d meeting, several Council requested changes in this building in the mass, scale and context of the neighborhood. Walton noted this proposal has no changes other than removing one layer of parking and adding cash-in- lieu. The items of concern to the neighbors and to Council were not changed. Walton said this building should not be located on Spring street; it will change the neighborhood. Toni Kronberg said this application should be denied because the AACP states every application should include an analysis section, the relationship to the AACP to insure compliance with the community goals and policies. Ms. ICronberg said one of the goals of the AACP is to maintain community character and design. Ms. Kronberg said this building does not fit the scale and character of the neighborhood. Jesse Boyce said the building should be brought into scale. Sean Gooding said he does not agree with the proposed change to reduce the parking. Gooding said he lives across the street and would favor more parking, including being able to purchase a space. Gooding requested the 3`d floor be set back further. Fred Martell, 700 E. Hyman, told Council his condominium association requests Council deny this application as the buildings are out of scale with the neighborhood and will exacerbate a bad parking situation. Martell noted the AACP requires development be measured in the context of the existing neighborhood and this proposal does not fit in scale, mass or height. Martell said eliminating the parking will have a negative impact on the neighborhood. Charles Cunniffe, resident across the street, said the Wienerstube building was built in 1962 as were the buildings across the street. Council should consider mass and scale of buildings in context of neighborhood. Cunniffe said this building will be an economic Regular Meetine Aspen City Council January 28, 2008 hardship for the buildings across the street. Cunniffe said the applicants have 18,000 square feet; it is more difficult to rebuild on a lot of 3,000 squaze feet. Cunniffe noted the AACP addresses what should be built. Cunniffe said the maximum height of existing buildings on that block is 27'; this is proposed at 42' with no relief from the street. Les Hoist said revitalization does not make sense. Hoist noted the Supreme Court has ruled in favor of historic districts. Hoist said the applicants should redevelop the parking lot and are not entitled to allowable FAR to do damage to the community. Hoist said the concern is community compatibility and this project does not meet that. Hoist said the community needs more small rentable units to replace lodge units that have been lost. Roine St. Andre said a building this high and taking up a lot of pazking will be hazd on this block. Ms. St. Andre said she does not know how this building is not on the list of historic properties. Ms. St. Andre said the environmental impacts should be addressed. The development should not escape the historic idea of Aspen as a community and neighborhood caring. Dave Eggleston, 616 E. Hyman, agreed this building does not fit the neighborhood context. The height and mass of this building do not fit. Gareth Brandt pointed out the P&Z resolution states the "applicant shall provide 47 parking spaces", which is a change in the prior approvals. Brandt said the code states, the proposed subdivision shall be consistent with the character of existing land uses in the azea and the proposed subdivision shall not adversely affect the future development of surrounding areas. Brandt said the issues are community context and character, impact on future development and design issues. Brandt said community context should include how the area developed; the historic development. This was a post office. If this is approved, the project will redefine the neighborhood. Brandt said any new or future development will look to this building to match character and context. Brandt said he would like the developer to erect story poles at all comers of the building, at the highest points. Brandt pointed out there are buildings around town that have commercial spaces sub-grade that aze succeeding. Brandt requested a continuance for the developers to put up story poles, to address sub-grade commercial, and lower the roof. Henry Hite said if the city demands employee housing and an applicant is going to exceed that demand, the space has to be maximized and there has to be a floor of free market to pay For the project. Robert Baum, 704 East Hyman, said this building will change the personality of the downtown azea. Baum said he does not understand allowing parking on the streets and making congestion worse. Mike Neery, Hopkins Street, said it is not productive to accuse the developer and Council. John Provine, applicant, pointed out this is two buildings, with a passageway in the middle to accommodate more affordable commercial/retail space. The buildings are articulated to look liked 3 plus 3 buildings along the street. Provine said in the 3 block area, there aze a dozen 3 story buildings. Provine said this block is in need of revitalization, which is in the best interest of the AACP. Junee Kirk urged Council to deny this request as not fitting in with the neighborhood context. Ms. Kirk said no 10 Regular Meetine Aspen City Council January 28, 2008 consideration has been given to other buildings that have patios and open spaces. This building will change the neighborhood; the building should not be more than 2 stories. Mayor Ireland closed the public hearing. Andy Wisnoski, azchitect for the project, told Council the first two levels are 13'6" and the building is at 42' at the highest points. This is a variegated roof and changes throughout the building from 30' to 37' to 42'. The ceiling heights go from 10' to 12'. Wisnoski said the 13'6" ceilings have to do with getting 2 floors of affordable housing on the back end of the building and make all the floor plates match up on the top level. Councilman Johnson said the community has long wanted increased floor to ceiling heights in commercial spaces on the ls~ level to encourage more of a Victorian design. Clauson said in land use generally, one takes the zoning code to be a quantified expression of the community plan. When one wants to change the code, one looks at the community plan first to see where it is leading. Clauson said the C-1 zone district has parameters, which one follows. Clauson said the design attempts to bring together contemporazy design and historical elements with 30 foot elements and with variegated roofs. Clauson noted the architects could recess one more element to match the other recessed elements. Clauson agreed sub-grade spaces are not the way the community wants to see buildings constructed. Clauson noted open spaces aze incorporated; there are recesses for patio dining. Clauson told Council they offered a deed restriction on the affordable commercial spaces; however, there is no program in place in order to do that. Clauson said the applicants feel the spaces accessed from the alley or mid block passage will be inherently more affordable. Clauson enumerated all the buildings in the area that are 3 and 4 stories and this building is compatible with those. Clauson said keeping the second level of parking is something the applicants can do. Clauson said the applicants did look at subgrade commercial and could not affect it without a total redesign of the building. Councilman Johnson said letters submitted without signatures aze not helpful. Mayor Ireland agreed if people want to comment, written or orally, they need to put their names on it. Councilman Romero said he would like to see if there are compromises in this application. Councilman Romero said the AACP speaks to how the physical environment is built and it also addresses how the personal relationships are built. Councilman Romero noted the AACP states, "the genuine chazacter of our community shall be measured by the quality of our human interactions not by the physical look or manmade artifacts or the magnificence beauties of surrounding nature around us. Rather than creating new rules, community members should creatively solve problems. The community should encourage more citizen inspired contributions." Councilman Romero stated this is a great project with many commendable parts, like the amount of affordable housing, which speaks to a major issue in Aspen. Councilman Romero said there is ground floor retail replacing existing businesses and providing office space. Council has discussed alleyway retail and this project is making a 11 Regular Meeting Aspen City Council January 28, 2008 commitment to it. Councilman Romero said the midblock break is a creative design solution, which breaks up the mass, and should create new retail opportunities. Councilman Romero said he believes the applicant has committed to an extended lease for a locally serving restaurant, which is a benefit for the community. Councilman Romero said this parcel is 6 city lots, which does not occur that often in the commercial core. Councilman Romero said as far as height, the program within the building and the design solution to fit that program is driving the heights. Councilman Romero said trying to find compromise with the neighbors should not be rocket science. Councilman Johnson said he, too, would like to see a compromise. The applicants have been accommodating to the new design standards. Councilman Johnson he is disappointed there nave not been more changes since last month. Councilman Johnson said he can defend the height, the lot line to lot line, the mass and the architecture if the community is getting something in return. Councilman Johnson said the lease for the Wienerstube is only 10 years, and the building will last longer than that. The petitions states "new affordable commercial space that will support new start up retail"; however, the presentation stated it "could" provide start up retail. Councilman Johnson said he would like to have assurances on affordable commercial retail. Councilman Johnson said P&Z is a recommending body who makes recommendations regarding subdivision to Council. P&Z does not approve subdivisions. Councilman Johnson said the applicant's letter claims this has met all the requirements of the land use code; however the subdivision criteria by which this project is judged is in the land use code. Councilman Johnson said the changes proposed to the subgrade parking and to the affordable housing cash-in-lieu do not address the issues raised before Council in December. Councilman Johnson stated this is a good design; however, it is unfortunate there were not more changes made since the last meeting. The building offers lots of employee housing, it is in the right place, it offers parking, and it offers more commercial spaces. Councilman Johnson said this is what the community needs; however, it is not what the community wants. Councilman Johnson stated the question is whether this 3 story building needs to be 42' high. Councilman Johnson said for him the issue is whether the balance of the building is contributing to what the community needs or not and he is not convinced it is. Clauson said the applicants have done outreach. The property owners across the street want this to be a 2 story building. This cannot be a 2 story building and accomplish all it does. Clauson noted it is a 2 story building on the front fapade for everything but 30'. Clauson stated the applicants are willing to make it 2 stories for that 30' also. Clauson said the applicants cannot add to the commercial but can redeploy it within the structure. Clauson noted throughout the process, the building has been improved. The building was completely redesigned; they created 2 buildings masses. Clauson said the applicants feel the building meets the existing land use code and the project will provide considerable community benefits. Mayor Ireland agreed the building as a structure is beautiful. Mayor Ireland said he likes the alley gap. This is not in the downtown core. Mayor Ireland said Council has to 12 Regular Meeting Aspen Citv Council January 28, 2008 interpret the AACP with respect to the land use code. Mayor Ireland stated Council is elected to make the judgment whether projects fit the AACP as part of the land use code. Mayor Ireland said the applicants agreed that approving this project will drive the next project. Mayor Ireland said the issue is not the amount of affordable housing a project creates; it is the amount of affordable housing a project creates with respect to the amount of demand it generates. Mayor Ireland said the community is no longer at the point where unmet housing generation can me accepted. Mayor Ireland said the primary tenet of the AACP since 1993 is the notion that the community has to be responsible for housing the jobs that are generated. This project does not do that, even though it does comply with the land use code as written. Mayor Ireland said housing 27 employees plus adding another 9.56 FTEs, the project would house 60%. The issue is where the other 40% will be housed. There will be a burden and an external cost on transportation and transit. Mayor Ireland said there must be a way to build this project that is not 42', that is less massive, that has less commercial space which would require less affordable housing. Mayor Ireland said he has difficulty with mass and scale of the project and with the housing shortfall. Councilman Johnson moved to adopt Ordinance #29, Series of 2007, on second reading; seconded by Councilman Romero. Councilman Romero said the applicants have stated they are willing to recess the 3`d story element, the 30' segment along the westerly; to consider some sort of commitment on the rear alley commercial square footage, a contractual arrangement to mid-level retail; to include the second level of underground parking. Clauson agreed the applicants would commit that retail would be mid-level with a creative way to enforce that. Councilman Johnson said he would like more discussion about the commitment to mid-level retail. Councilman Romero asked if the ground floor commercial could be reworked still honor the program of the building yet lower the entire building. Wisnoski told Council they have put large amounts of time into the program and the design of the building. The principle of the height of the ground level is in keeping with the historic aspect of the town. Wisnoski said lowering the building would necessitate loss of affordable housing units as the building is all inter-related. Clauson said the commercial design review requires buildings to meet the street so the 15` floor level is right to the sidewalk. Clauson said it will not work to just eliminate 2 or 3' and retain the building program. Councilman Johnson said if the applicants ask for a continuance, he would like to see a sectional study of every 30' module, including the street and the buildings across the street. This sectional study could show the community how pulled back the top element is. Mayor Ireland said the deed restriction will have to have quantification of the terms. Mayor Ireland said lowering the height would make the project more favorable to him. 13 Regular Meetin¢ Asaen City Council January 28.2008 Clauson said if affordability of commercial retail is the key issue, the applicants will work with staff and Council to affect that. Clauson said if there are other issues, including the height and the number of employees housed, they need a vote because the applicants cannot address all those issues. Clauson said the applicants can illustrate the height and how the building works. Clauson said he is not certain that the height can be lowered. Councilman Johnson said Council has listed their concerns; height, affordable commercial; neighbors' concerns, and affordable housing. Clauson said he does not think the applicants can address a113 concerns. Councilman Romero said he would like to see projects that achieve multiple goals, like affordable housing and affordable commercial in one building. Councilman Romero said he would like to see the third story element pushed back to soften the street front edge. Clauson said the applicants will work on affordable commercial deed restrictions fashioned along those made with the Isis. Clauson said they will look at the building regarding the overall height. The one section, full height at the street elevation, will be moved back. Clauson said there is probably no room for more affordable housing. Councilman Johnson said he likes the two levels of parking; Mayor Ireland agreed with more parking. Councilman Johnson moved to continue Ordinance #29, Series of 2007 to February 11; seconded by Councilman Romero. All in favor, motion carried. Councilman Johnson moved to adjourn at 9:40 p.m.; seconded by Mayor Ireland. All in favor, motion carried. Kat S. och, City Clerk 14