HomeMy WebLinkAboutminutes.council.20080512Re¢ular Meeting Aspen City Council Mav 12, 2008
OUTSTANDING EMPLOYEE BONUS AWARD ....................................................... .... 2
PROCLAMATION -Aspen High School Nordic/Alpine Ski Team .............................. .... 2
PROCLAMATION -Arbor Day .................................................................................... .... 2
CITIZEN COMMENTS ................................................................................................. .... 2
COUNCIL COMMENTS ............................................................................................... .... 3
CONSENT CALENDAR ............................................................................................... .... 4
• Resolution #40, 2008 -Contract Golf Course Banks Mower ............................ .... 4
• Resolution #41, 2008 -Contract Golf Course Rough Mower ............................ .... 4
• Resolution #42, 2008 -Contract Tandem Axle Flush Truck ............................. .... 4
• Resolution #43, 2008 -Contract -Fleet Replacement ....................................... .... 4
• Resolution #44, 2008 -Contract Fleet Purchase Housing Department .............. .... 4
• Minutes -April 14, 2008 .................................................................................... .... 4
ORDINANCE #15, SERIES OF 2008 -Exemption from Commercial Core Moratorium 4
ORDINANCE #11, SERIES OF 2008 -Clarifying Definition of Maintenance of Wheeler
Opera House .................................................................................................................... .... 5
ORDINANCE #14, SERIES OF 2008 -Supplemental Appropriation .......................... .... 6
ORDINANCE #7, SERIES OF 2008 -Code Amendment Non-conformities ADUs.... .... 7
ORDINANCE #1, SERIES OF 2008 - 434 East Cooper (Bidwell Building) Subdivisi on
......................................................................................................................................... .. 10
1
Re¢ular Meetine Aspen City Council May 12, 2008
Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers Skadron,
Romero and Johnson present.
OUTSTANDING EMPLOYEE BONUS AWARD
Mayor Ireland and Counci] presented Patrick Derby, Aspen Recreation Center, with the
outstanding employee bonus award for ...
PROCLAMATION -Aspen High School Nordic/Alpine Ski Team
Mayor Ireland and Council presented the Aspen High School Nordic and Alpine ski
Team with proclamation proclaiming XXXX
PROCLAMATION -Arbor Day
Mayor Ireland announced Arbor Day will be celebrated Saturday, May 17`h at 10 a.m. at
Paepcke Pazk. Aspen has been recognized as a tree city. Mayor Ireland, Council and the
citizens of Aspen proclaim May 17`h as Arbor Day in the city and urge all citizen to
support and care for trees and to support the city's forestry program.
CITIZEN COMMENTS
1. Phyllis Bronson told Council she found about the impending demolition of the
Holiday House in the newspaper and she is concerned about the lack of transparency in
dealing with the Ski Company on issues in this neighborhood. Ms. Bronson said 3 or 4
years ago the Ski Company tried to put new buildings in this neighborhood for affordable
housing and were turned down by Council because the proposed buildings are out of
character with the community plan. Ms. Bronson noted there was a rapid renovation last
fall, perhaps being done too quickly which resulted in a bad fire. Mr. Bronson reiterated
she is concerned about the lack of transparency and about being told by staff that the Ski
company can do what they want. The public process should be transpazent. Mayor
Ireland directed Ms. Bronson to meet with the city manager on these complaints.
2. Jack Wilke, Francis Street, said Ordinance #48, 2007, had a list of properties that
are considered historically significant. When the ordinance was enacted, there were over
70 properties on the list. Wilke told Council he was flabbergasted to find there aze only
47 properties listed and of those only 20 are residences. Wilke asked Council the intent
of the historic task force as tackling that issue as there has been very little discussion
about that issue or how it applies. Wilke noted there is a specific line in the ordinance
stating no new properties will be added; hwoever, the task force is going on a tour to look
at historic properties. Mayor Ireland noted Council is not telling the task force what
conclusions to reach or how to get here. Wilke said Council generated the task force as a
result of Ordinance #48.
3. Toni ICronberg noted Council recently approved one way streets in Aspen, which
is a good idea and will be a help with traffic flow. This will also increase parking spaces,
Regular Meetin¢ Aspen Citv Council Mav 12, 2008
Mayor Ireland called the meeting to order at 5:00 p.m. with Councilmembers Skadron,
Romero and Johnson present.
OUTSTANDING EMPLOYEE BONUS AWARD
Mayor Ireland and Council presented Patrick Derby, Aspen Recreation Center, with an
outstanding employee bonus award.
PROCLAMATION -Aspen High School Nordic/Alpine Ski Team
Mayor Ireland and Council presented the Aspen High School Nordic and Alpine ski
Team with a proclamation proclaiming Apri129`h as Nordic and Alpine Ski Team Day.
PROCLAMATION -Arbor Day
Mayor Ireland announced Arbor Day will be celebrated Saturday, May 17`h at 10 a.m. at
Paepcke Park. Aspen has been recognized as a tree city. Mayor Ireland, Council and the
citizens of Aspen proclaim May 17`h as Arbor Day in the city and urge all citizen to
support and care for trees and to support the city's forestry program.
CITIZEN COMMENTS
1. Phyllis Bronson told Council she found out about the impending demolition of the
Holiday House in the newspaper and she is concerned about the lack of transparency in
dealing with the Ski Company on issues in this neighborhood. Ms. Bronson said 3 or 4
years ago the Ski Company tried to put new buildings in this neighborhood for affordable
housing and was turned down by Council because the proposed buildings were out of
character with the community plan. Ms. Bronson noted there was a rapid renovation last
fall, perhaps done too quickly and which resulted in a bad fire. Mr. Bronson reiterated
she is concerned about the lack of transparency and about being told by staff that the Ski
Company can do what they want. The public process should be transparent. Mayor
Ireland directed Ms. Bronson to meet with the city manager on these complaints.
2. Jack Wilke, Francis Street, said Ordinance #48, 2007, has a list of properties that
are considered historically significant. When the ordinance was enacted, there were over
70 properties on the list. Wilke told Council he was flabbergasted to find there are only
47 properties listed and of those only 20 are residences. Wilke asked Council the intent
of the historic task force as tackling that issue as there has been very little discussion
about that issue or how it applies. Wilke noted there is a specific line in the ordinance
stating no new properties will be added; however, the task force is going on a tour to look
at historic properties. Mayor Ireland noted Council is not telling the task force what
conclusions to reach or how to get here. Wilke said Council generated the task force as a
result of Ordinance #48.
3. Toni Kronberg noted Council recently approved one way streets in Aspen, which
is a good idea and will be a help with traffic flow. This will also increase parking spaces,
Regular Meeting Aspen City Council May 12, 2008
which may make it more congested. Council and staff should look at the effect of this
parking change. Ms. Kronberg presented a staff memorandum from 1985 about the
Independence Square presentation and preserving the corner at Cooper and Galena as an
open square. The city considered purchasing the Volk property to affect that. Ms.
Kronberg noted on Wednesday, the County Commissioner will consider the final land
use application of the Aspen Music Festival on Castle Creek without any conditions
about affordable housing. Ms. Kronberg read a letter to the BOCC objecting to the lack
of meeting a community goal. Ms. Kronberg said it would be a mistake to approve a
project without including any housing for students and faculty. (Councilman DeVilbiss
came into the meeting).
COUNCIL COMMENTS
1. Councilman DeVilbiss stated the changes over the last 30 years in the highway 82
corridor are indescribable. Councilman DeVilbiss said Council should be working on
how they want Aspen to look in the next 25 to 30 years. Councilman DeVilbiss agreed
the music festival generates the need for significant housing in the summer and the
sooner that is addressed, the better off the community will be.
2. Mayor Ireland said there is a housing crisis now; the city has difficulty filling job
openings and many locally serving businesses are having trouble finding or keeping
employees.
3. Mayor Ireland stated he appreciates the Aspen High School Sports teams and
what competitive sports have done for the community. Mayor Ireland said it is great to
see the community turn out for sports events. There has been a positive growth over the
years of student participation in sports.
4. Mayor Ireland noted Saturday May 17`h is Arbor Day. The city has seen the first
beetle kill damage to the trees and the parks department has been aggressively attacking
it.
5. Councilman Romero reported on the recent RFTA meeting; the thrust of the
discussion was on the bus rapid transit initiatives and what to ask for voter approval in
November. The increase in sales tax will be to shore up the current operations as well as
put in place the bus rapid transit. This discussion will come to the elected officials.
6. Councilman Romero said the Lift One COWOP is going well and is gaining a
consensus around a collection of neighborhood goals that fit into the larger community
goals.
7. Councilman Romero said in the Citizen Budget task force meetings; there are
subcommittees to explore many of the policies and programs the city has. The task force
is working along with the AACP update. The housing subcommittee has done
groundwork coordinating with staff to insure there is a broad transparency in the fiscal
approach as well as management and leadership for prof ects like Burlingame.
Regular Meeting Aspen City Council May 12, 2008
Councilman Romero thanked all citizens serving on the various task forces and
encouraged citizens to connect and engage.
8. Councilman Skadron reported at the Historic Preservation task force meeting
today, two themes were discussed; the concept of modernism and what is happening in
other communities. The discussion touched on post WWII designation criteria. There
were panelists from the National Trust for Historic Preservation. The meeting was filmed
and can be watched on Grassroots.
9. Mayor Ireland noted he has been attending the Lift One COWOP and he feels it is
going well. People want to support inclusiveness in the neighborhood; want to tell the
historic of Aspen with buildings varying in size and some preservation of the site. The
COWOP wants the lifts and mountain to be brought to town so it is more accessible and
pedestrian friendly.
10. Mayor Ireland said he attended the Governor's Blue Ribbon panel on
transportation and there will be $200 million fewer dollars for transportation and
highways in Colorado this year.
11. Mayor Ireland said Bill Wiener gave an interesting alternative for organization of
the COWOP. The vote did not support his idea but Wiener did a good job of presenting
it.
CONSENT CALENDAR
Councilman Johnson moved to approve the consent calendar; seconded by Councilman
Skadron. The consent ca]endar is:
• Resolution #40, 2008 -Contract Golf Course Banks Mower
• Resolution #41, 2008 -Contract Golf Course Rough Mower
• Resolution #42, 2008 -Contract Tandem Axle Flush Truck
• Resolution #43, 2008 -Contract -Fleet Replacement
• Resolution #44, 2008 -Contract Fleet Purchase Housing Department
• Minutes -April 14, 2008
All in favor, motion carried.
ORDINANCE #15, SERIES OF 2008 -Exemption from Commercial Core Moratorium
Chris Bendon, community development department, reminded Council when they
considered extending the commercial core/historic interiors moratorium at the last
meeting, they heard a request to consider exempting an application for building permit to
4
Regular Meeting Aspen City Council May 12, 2008
replace basement restaurant uses with one or more retail uses and which will continue to
have a restaurant. Mayor Ireland requested for second reading proposed leases showing
that these spaces will in fact be affordable commercial.
Councilman Romero moved to read Ordinance #15, Series of 2008; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE NO 15
(SERIES OF 2008)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING AN AMENDMENT TO THE TEMPORARY MORATORIUM
ESTABLISHED BY ORDINANCE NO. 51, SERIES OF 2006
Councilman DeVilbiss moved to adopt ordinance #15, Series of 2008, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, yes;
DeVilbiss, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #11, SERIES OF 2008 -Clarifying Definition of Maintenance of
Wheeler Opera House
Mayor Ireland pointed out the ordinance has been amended since first reading so that the
definition of maintenance does not include expansion or addition. Mayor Ireland said if
the city wants to expand or add to the Wheeler, there will be a public approval process
and possibly a public vote.
Mayor Ireland opened the public hearing.
Mike Maple noted the ordinance proposes that in addition to $100,000 of RETT used to
fund the arts that funds of all gross revenues generated by the operations of the Wheeler,
like lease payments, would be used. Maple asked how much the revenue is. Gram
Slaton, Wheeler, said the total amount varies and that money is used to support the arts.
Slaton noted for 2008 the funding for the arts was close to $400,000. Maple said it is
great to support the arts; however, the citizens approved $100,000 to support the arts and
reading the ballot language, it seems clear Council cannot fund the arts for more without
obtaining approval of 60% of the electorate. Maple questioned creating a large fund to
support the arts without asking for voter approval and requested this be put to the
electorate.
Mayor Ireland said the ordinance and the ballot question referred to real estate transfer
tax funds. Mayor Ireland said this is the appropriation of revenues for the arts from the
activities at the Wheeler. Mayor Ireland noted the ordinance was adopted in 1979 and
there has been no inflation in the approved $100,000. Councilman Johnson agreed with
that interpretation. Mayor Ireland noted that arts are critical to Aspen's success as a
resort. Mayor Ireland noted as Aspen loses skiers days, the arts become more important
to fill in that gap. Aspen has to continue to attract visitors.
Re¢ular MeetipL Aspen City Council May 12 2008
Councilman Romero said his eazlier objection to this ordinance revolved around the
words addition or expansion, and there may have been a perception that this was to avoid
putting a large expansion to the voters, and that language has been deleted. Councilman
Romero said he feels the revenues from the use of the Wheeler are a great mechanism to
provide public good, coming from a facility owned by the community generated by uses
complimentary to the uses of the Wheeler. Councilman Romero said he feels this is
internally consistent with the city's operation and with how non-profits generate income.
Councilman Romero said it is great that the city supports the arts community.
Mayor Ireland closed the public hearing.
Councilman Johnson moved to adopt Ordinance #11, Series of 2008, on second reading,
as amended; seconded by Councilman Romero. Roll call vote; Councilmembers
Skadron, yes; DeVilbiss, yes; Romero, yes; Johnson, yes; Mayor Ireland, yes. Motion
carried.
ORDINANCE #14, SERIES OF 2008 - Supplemetrtal Appropriation
Don Taylor, finance department, told Council this amends the 2008 budget by a $23
million appropriation. Taylor said $13.5 million of this is carry forward of 2007 projects,
which projects were not completed in 2007 and the budget is carried forward; $3.5
million in new requests; technical adjustments, which was accelerated bond pay off is $4
million. Taylor noted this appropriation includes carry forwards of manager's savings
and 50% savings. Mayor Ireland asked if the new requests have new revenues or
revenues approved by voters. Taylor noted offsetting revenue sources are shown in
exhibit B. Mayor Ireland suggested that be included as part of the narrative next time.
Councilman Romero asked about the supplemental appropriations procedure as a
percentage of a previously approved budget and is this supplemental high or low. Taylor
told Council the first supplemental appropriation of the year is always the largest because
of the carry forwazds and budget adjustment. Taylor said under Colorado budget law,
budget appropriations lapse at the end of a calendar yeaz and projects underway need to
have budget re-appropriated. Taylor said any city with a lazge amount of capital projects
will have lazge supplementals to take care of multi-year projects. Taylor noted the new
requests are 3% of the 2008 budget, which was put together 10 months ago and issues
have come up since then that need to be addressed. Taylor said this size appropriation is
not out of the ordinary.
Councilman Romero asked the management process used by the city manager to screen
the supplemental requests. Steve Barwick, city manager, said the vast majority of these
requests have already been seen by Council, like the monies for Lift One COWOP and
the budget task force. This ordinance is an authorization to actually spend the money.
Barwick noted there should be no surprises in a supplemental appropriation. Councilman
Romero asked about the savings carry forward program. Barwick said it is a
discretionary fund that was created as an incentive so that departments save money rather
Regular Meeting Aspen City Council Mav 12, 2008
than spend all their money in a budget yeaz. Barwick said departmental savings are
usually saved for operational or small capital items to meet departmental goals.
Councilman Romero pointed out several requests are budget overruns in city remodel
projects and asked if the city plans to adopt better procedures. Barwick told Council staff
is working on management information system so Council and the public can know the
next steps on all city projects. Staff is also working on capital management and oversight
budgeting.
Councilman DeVilbiss asked about the retail purchase for hydroelectric power of
$414,000 and $76,000. Phil Overeynder, electric department, told Council a new
hydroelectric fund was created in 2008 and the funds are being transferred to pay for
hydroelectric power. This is intemal transaction not new money. Councilman DeVilbiss
asked about the overhead payments. Don Pergande, budget director, told Council this
reflects internal transfers from one fund to another to pay share of administrative costs.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Johnson moved to adopt Ordinance #14, Series of 2008, on second reading;
seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Romero, yes;
Johnson, yes; DeVilbiss, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #7, SERIES OF 2008 -Code Amendment Non-conformities ADUs
Jason Lasser, community development department, told Council this is a proposed
amendment to the non-conformities chapter of the land use code. Lasser told Council
staff was approached about clarifying the language for mandatory occupancy ADUs.
Lasser said anything that was built legally at the time and the land use code was changed
after that, the structure is non-conforming. This ADU issue was discussed and approved
by Council in 2004; this amendment is language clean up to clarify how the development
application is processed by staff as a special review. Lasser noted to increase the floor
azea, an application must go through special review and meet design review standazds for
an ADU. One must mitigate the additional floor area by purchasing a TDR or unbuilt
floor area.
Lasser noted at first reading, Council asked how many mandatory occupancy units were
created. Lasser said staff went over the list of ADUs and thinks there are probably 3
mandatory occupancy units in existence. Lasser said P&Z and staff both recommend
approval of this code amendment.
Gideon Kaufrnan, representing the applicants, requested the existing code language be
clarified. Kaufinan said the city was trying to find a way to create ADUs and came up
with incentives; one was a 50% FAR incentive if the unit is detached; one was a 50%
ADU exemption if the unit is mandatory occupancy. Kaufrnan said later the city
removed the ADU exemption. Kaufinan told Council his clients have a detached
mandatory occupancy ADU that a family is living in. Kaufinan told Council the ADU is
7
Reeular Meetin¢ Aspen City Council May 12 2008
non-conforming because the code that allowed it was modified. Kaufman said the
applicants wanted to find a way to increase the size of the ADU up to 1200 squaze feet,
which cannot be done because the unit isnon-conforming. Kaufinan noted the city has
always had FAR incentives for affordable housing and the applicants wanted to find a
way to increase the size of the ADU to accommodate this growing family. Kaufman
said this would provide a new TDR system to buy free market FAR and eliminate that
free market FAR and put it into affordable housing.
Kaufman said in 2004, staff concerns were that this was an approval by right; second
there was ambiguity in the intent of the ordinance; and that the historic TDR program
was new and that this program might interfere with the historic TDR program. Kaufman
said the historic TDR program is in existence and is working. P&Z noted they did not
want this approval to be by right, which was changed to be by special review. Kaufman
said the issues that P&Z and staff had with the 2004 ordinance have been eliminated with
this clarification. This clarification would allow an ADU to go up to 1200 square feet.
This approval is no longer by right but one has to meet the requirements of special
review. Kaufman said a then Council person noted keeping working families in town is a
laudable goal and using up free market FAR for affordable housing is worth supporting.
Kaufman noted these units have to be occupied by an employee who has to meet the
requirements of the housing office.
Councilman Skadron stated in general he finds amending the code for an exception for a
single property to be inappropriate. Kaufman said this is not a code amendment; this is in
place and staff felt the language was confusing and needed to be clarified. Councilman
Skadron asked about the possibility of deeding the ADU to the family. Kaufman said
ADUs create housing for the property owner's employees and by selling it, they would
not have a unit for their employees.
Councilman Skadron asked if staff knows exactly how many ADUs there are. Lasser
said a list was compiled in 2006; however, that list did not specify whether they were
mandatory occupied or detached units. Councilman Skadron asked if staff is comfortable
that adopting this will not result in a large amount of requests to modify units and
undermine the intent of this regulation. Lasser said this will require special review and
each application will be reviewed and judged. This will give staff a reasonable way to
review the requests. John Worcester, city attorney, noted that in order to sell these units,
the property owner would have to apply for growth management review and subdivision.
Councilman DeVilbiss asked how staff identified ADUs. Lasser told Council this was
based on the personal knowledge of housing staff. Alice Davis, representing the
applicant, told Council staff does not know how many units were actually built; some of
the approvals have expired. Ms. Davis said the other ADUs are probably too large to
take advantage of this code clarification.
Councilman DeVilbiss agreed he is not interested in special interest legislation.
Councilman Johnson said he would like a finite list of ADUs that could take advantage of
this. Kaufman reiterated this is not adding legislation but is a clarification so staff can
Regular Meeting Aspen City Council May 12, 2008
process an application. Councilman Johnson said he sees the value in ADUs and of this
family staying in town. Councilman Johnson said the ADUs were an administrative
nightmare and there was abuse of the ADU legislation. Mayor Ireland noted if additional
ADUs are discovered, they would be subject to special review.
Chris Bendon, community development department, told Council in 2002 staff compiled
a list of ADUs, did site visits to see if they were built, which is from where the statement
comes that there aze 3 mandatory occupancy units. Bendon pointed out the program has
been eliminated since so there should be no additional mandatory occupied units.
Bendon aid ADUs are rental units, owned by the primary residence owner. The city had
a program to increase occupancy of those units and had a code amendment to require the
owner to rent out the ADU and in exchange there was an FAR bonus for the property. At
least 3 ADUs were created by that program. This became an administrative headache to
make sure the ADUs were actually occupied.
Mayor Ireland opened the public hearing
Tama Johnson said most people she knows with small children are moving out of town
and anything that can be done to help this family stay would be great. Chris Seeman told
Council this is more than an ordinance to him and his family. Seaman said they work for
the family and would like to make sure they can stay in this unit, with a growing family.
Beth Seeman encouraged Council to support this amendment and to allow her family to
stay in Aspen. Nancy Simpson, tennis teacher to the family, said their staying in Aspen
is important to her.
Dave, architect, told Council he has dealt with ADUs and the restrictions can be difficult.
This is an opportunity to clarify the language, not impose new codes, and to implement
through the special review process. Curt Ulkes, property manager, encouraged Council
to approve this amendment to allow increase in the size of units. Ulkes said it is
important to keep families in town, families who provide services to the community and
to give back to the community. Steve Tolley supported allowing this code amendment to
keeping families here. John Rowland, former P&Z member, told Council he supports
this as it gives staff flexibility and guidance on increasing the size of ADUs.
Mayor Ireland closed the public hearing.
Mayor Ireland moved to adopt Ordinance #7, Series of 2008, on second reading;
seconded by Councilman Romero.
Councilman Skadron said he is persuaded there are sufficient protections in the code
amendment to take care of his eazlier concerns. Councilman Skadron said he is hopeful
that unused free market FAR will be extinguished and turned into affordable housing.
Councilman Romero said he supports this amendment as it furthers community values
and this is a practical application.
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Regular Meeting Aspen City Council May 12, 2008
Councilman Johnson said making changes to the code should be for intellectual issues,
not emotional issues. Councilman Johnson said this and previous Council have enacted
codes to help families stay in Aspen. Councihnan Johnson agreed the objectionable
aspects have been addressed with special review. Councilman Johnson said he is
concerned that there is no accurate count of how many properties this amendment may
affect. Councilman DeVilbiss said it is a mistake for a legislative body to make a
decision for an emotional reason. Councilman DeVilbiss said he can support this
legislative because it is clarifying a piece of legislation already on the books and it will
have a positive result.
Roll call vote; Councilmembers Romero, yes; Skadron, yes; DeVilbiss, yes; Johnson,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #1, SERIES OF 2008 - 434 East Cooper (Bidwell Building) Subdivision
Jennifer Phelan, community development department, told Council this is a
redevelopment proposal and a request for subdivision in order to demolish the existing
building and replace it with a new building with underground parking, 3 affordable
housing units, 3 free market residential dwelling units and commercial office space.
Ms. Phelan said there have been changes since the previous review. One change is that
the affordable housing units be rented through the housing office, rather than through the
applicants. The applicants propose to provide 3 off street parking spaces for the
affordable housing units. Ms. Phelan said there will be a prohibition against a change in
the quality of materials to alleviate the concern about value engineering. The applicant
proposes that the monthly fees or dues for the affordable housing be capped at no greater
than $50/month or if lower is a proportionate amount of the value of the affordable
housing units compazed to the rest of the project. The roof deck has been designed to be
accessible by all users of the property. Ms. Phelan recommended approval of the project
as this meets the goals of the AACP as well as the review standards of the land use code.
The project provides affordable housing and net leasable space downtown.
Mitch Haas, representing the applicant, said they have tried to address the concerns raised
at the last Council meeting. Haas noted the affordable housing units will be available to
the community at large through the housing office. The applicants have agreed to
allocate 1 parking space/affordable housing unit. The other 9 parking spaces have not
been allocated yet. The roof deck will be available to a116 residential units with no
consideration for exclusivity. Haas reviewed the condition about the materials as
approved by HPC and the agreement there will be no value engineering to similar or
lesser quality material but it will be as represented. Haas pointed out the applicants have
added language about the monthly assessment to make sure the units remain affordable.
Haas said an issue brought up at the last meeting was the view from Volk property, the
Paradise Bakery. Haas stated this is a not a designated view plane. Haas presented a
board "context rendering Mountain Plaza building", showing the current view from the
Volk property and the view with the redeveloped Mountain Plaza superimposed. Haas
10
Regular Meetin¢ Aspen City Council May 12 2008
noted the views of Aspen and Shadow Mountain stay intact; some skyline is lost. Haas
said one does not see into the mall much nor can one see Wagner Pazk at all; the view
would be much as it is today. Haas said the HPC review was to make sure this building's
design is compatible with surrounding historic buildings and the surrounding historic
context. The applicant followed the HPC guidelines. Haas stated the project is consistent
with the AACP, the preponderance of goals and objectives in the AACP are addressed by
this proposal. Haas noted that the CC zone district regulations were written and adopted
pursuant to the community plan. This building is consistent with the CC zone district
regulations.
Haas said the applicants feel this is excellent design. The building is under allowable
height in the CC zone district; it is under the allowable FAR in the CC zone. This
building is under the allowable free market residential. The parking and affordable
housing requirements have been exceeded on site. There will be category 2 and category
4 units on site. The proposal is to clean up the function of the alley; they will provide
loading docks and provide trash disposal on site rather than in the alley. Haas said the
applicant proposes to meet minimum silver certification in LEEDS, which meets many
city goals and policies. This project was found consistent with the growth management
regulations, including the rate of growth. The project is also consistent with the
subdivision standards.
Haas said there is one sentence in the ordinance, under engineering, that under a
construction management plan, the city engineer has discretion. Haas said the same
discretion allowed any other project should be allowed to this project. Tricia Aragon,
city engineer, said this project will be the first in the core being built lot line to lot line.
Ms. Aragon said there will be encroachment in the parking area and the mall and the code
does not permit encroachments in the right-of--way during winter or summer seasons and
this condition requests the project come to Council and request that encroachment.
Mayor Ireland said this condition could state "the engineer, at her sole discretion, may
refer the matter to Council". Council agreed.
Councilman Skadron asked what variances from the zone district regulations are being
asked for. Haas said there aze no variances being requested.
Councilman Johnson said he received anumber of a-mails and asked if these are
available in the public record. Ms. Phelan said staff received only one e-mail. All
Council stated they received e-mails. Councilman DeVilbiss said he would like those e-
mails printed and be part of the record Councilman Johnson said he would like to
reference those e-mails. Mayor Ireland agreed the a-mails should be part of the record
and the applicant is entitled to see those e-mails. Councilman DeVilbiss said the public
also has a right to see the e-mails and have them be part of the record. Council agreed
this issue needs to be continued in order that all have access to the e-mails.
Councilman DeVilbiss moved to continue Ordinance #1, Series of 2008, to May 27`";
seconded by Councilman Johnson.
11
Reeular MeetiuE Aspen City Council May 12, 2008
Mayor Ireland opened the public hearing to anyone who will not be present May 27`h to
comment. There were no comments.
All in favor, motion carried.
Councilman Johnson moved to adjourn at 8:20 p.m.; seconded by Councilman DeVilbiss.
All in favor, motion carried.
K yn S. Koch, City Clerk
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