HomeMy WebLinkAboutminutes.council.20080811Regular MeetinE Aspen City Council August 11, 2008
OUTSTANDING EMPLOYEE BONUS AWARDS ......................................................... 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCILMEMBER COMMENTS .................................................................................. 3
CONSENT CALENDAR ................................................................................................... 4
• Resolution #73, Series of 2008 -Contract Toyota Highlander Police Equipment 4
• Minutes -July 28, 2008 .......................................................................................... 4
• Roof/Deck Repairs 705/707 Cemetery Lane .......................................................... 4
ORDINANCE #21, SERIES OF 2008 -Subdivision 332 Main ........................................ 4
ORDINANCE #22, SERIES OF 2008 -Code Amendment Multi-family replacement .... 4
ORDINANCE #20, SERIES OF 2008 -Historic Designation and Subdivision 612 W.
Francis ................................................................................................................................. 5
RESOLUTION #74, SERIES OF 2008 -Aspen Walk Conceptual PUD .......................... 6
Regular Meeting Aspen City Council August 11, 2008
Mayor Ireland called the meeting to order at 5:10 p.m. with Councilmembers Romero,
Skadron, Johnson and DeVilbiss present.
OUTSTANDING EMPLOYEE BONUS AWARDS
Mayor and Council presented outstanding employee bonus awards to Tom Froberg,
recreation department; John Krueger, transportation department, and Richard Pryor,
police department.
CITIZEN COMMENTS
1. Jay Maytin requested Council consider an exemption to the multi-family
replacement ordinance. Maytin told Council he is trying to combine two units to
accommodate a growing family. Maytin said he is trying to add 500 square feet and
would have to pay a housing mitigation fee. Mayor Ireland suggested this be done in
writing so staff and Council can consider this as an amendment to the ordinance for
second reading.
2. Ward McMacon, representing residents in Oklahoma Flats, requested Council
work with staff to be more responsive. McMacon told Council a resident in Oklahoma
Flats filled in some of the right-of--way. McMacon told Council he finally received an e-
mail from staff indicating a citation would be issued, that the work was done without a
permit and the berm was built on the setback. McMacon said the residents reported this
to the city two and a half years ago and it seems ridiculous to wait that long for an
answer. Mayor Ireland said the city needs to move cautiously to make sure the facts are
well grounded; the city had to make sure the survey was correct. McMacon said they
appreciated the city's response and wanted to bring to Council's attention that the staff
could be more responsive.
3. Brian, North Spring street, said these property owners built the berm into the
street and it has made the corner dangerous and made the street one-way. Bentley
Henderson, assistant city manager, told Council staff did investigation on the ownership
issues, the placement of the dirt and has attempted to work with the property owner to see
if this could be resolved and was unable to accomplish that. Henderson said only in the
last 60 days did staff receive information to understand where the property boundaries
are. Henderson told Council Spring street is not a dedicated public right-of--way. Staff
will be citing this property owner into Municipal Court for violation. Henderson noted
there are locations where this direct is on private property. Henderson said the city is
trying to return the driving surface back to its original width and it is not as easy as just
moving the dirt because of the private property rights. Mayor Ireland said if the use of
private property creates a hazard, the city could ask that use be abated. Councilman
DeVilbiss said he did not understand why, when the matter first arose, the city did not
seek an injunction. Councilman DeVilbiss said he would like to know why nothing
happened after the complaint was reported to the city. Mayor Ireland noted after the
court hearing, Council will have a briefing as to what the city's options are.
Regular Meeting Aspen City Council August 11, 2008
4. Denise Volk, Spring Street resident, this is a dangerous situation; this has been a
city street for at least 63 years. The residents have written 16 letters, starting with the
police department, have contacted the streets department, engineering, the fire
department. Ms. Volk reiterated this is a dangerous situation and someone will get hurt.
Ms. Volk said the street used to be 18' wide and it is now 12' wide. Mayor Ireland said
the city has to act through the courts.
5. Toni Kronberg thanked the engineering department for striping and putting
"slow" on the Rio Grande trail so kids do not go so fast down the newly paved trail. Ms
Kronberg said one of her on-going concerns is traffic and transportation and a solution
other than buses needs to be found. Ms. Kronberg said a person has been hired to do a
technical analysis on a 4 mountain gondola and they have determined it is a possibility.
Ms. Kronberg told Council she hopes to petition EOTC to start thinking about the next
mode of transportation.
COUNCILMEMBER COMMENTS
1. Councilman Skadron noted in the retail sales analysis by industry indicate a 8%
increase over 2007 yet the month to month show a decrease of 2.8% from same month
last year. Councilman Skadron asked staff if they feel this was that June is still off
season or it is a trend reflecting the economic downturn. Councilman Skadron said if
staff feels this is the start of a downturn, what percentage decrease can the city's budget
absorb. Councilman Skadron said he would like this discussed at a Council work session.
Councilman Skadron noted the tourist accommodations year to date are up 9%, month
comparison is down 14%, the restaurant sales taxes show an increase both year to date
and month to month. Councilman Skadron asked if this increase reflects higher prices or
what the causes might be.
2. Councilman Romero announced there is an Lift One open house, tomorrow, noon
to 1 in the Council Chambers to get an update on work that has been done.
3. Mayor Ireland noted Council is committed to creating sidewalks in the Lone Pine
area. Mayor Ireland said he would like to make sure there is protection for bike riders
from water and splashing along the new highway to Truscott.
4. Mayor Ireland said he testified at the state capitol on transportation demand
management and land use development patterns.
5. Mayor Ireland said this weekend is the city's triathlon.
6. Steve Barwick, city manager, requested Council add the roof repairs for Cemetery
lane houses to the agenda.
7. Councilman Skadron recognized the progress made by the historic preservation
task force. Councilman Skadron noted the task force has identified 7 policy areas
Philosophy of Aspen Historic Preservation/Character, Criteria for Designation,
Regular Meeting Aspen City Council August 11, 2008
Architecture & Context/Commercial Concerns & Codes/HPC Guidelines -Design,
Criteria/Interiors/Landscapes/Environmental Issues, Incentives and Economics of
Historic Preservation, Voluntary vs. Involuntary/Listing Practices, Historic
Districts/District Boundaries and Community Input/Public Participation/Education &
Survey. Councilman Skadron said philosophy is being addressed by the entire committee
and the others are being done by sub-committee.
CONSENT CALENDAR
Councilman Romero moved to approve the consent calendar as amended adding
roof/deck repairs 705/707 Cemetery Lane; seconded by Councilman Johnson. The
consent calendar is:
• Resolution #73, Series of 2008 -Contract Toyota Highlander Police Equipment
• Minutes -July 28, 2008
• Roof/Deck Repairs 705/707 Cemetery Lane
All in favor, motion carried.
ORDINANCE #21, SERIES OF 2008 -Subdivision 332 Main
Councilman Johnson moved to read Ordinance #21, Series of 2008; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE #21
Series of 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING SUBDNISION FOR THE PROPERTY LOCATED AT
332 W. MAIN STREET, LOT 8 AND THE WEST'/z OF LOT L, BLOCK 44, CITY
AND TOWNSITE OF ASPEN was read by the city clerk
Councilman Johnson moved to adopt Ordinance #21, 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.
ORDINANCE #22, SERIES OF 2008 -Code Amendment Multi-family replacement
Councilman Johnson moved to read Ordinance #22, Series of 2008; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE #22
Series of 2008
Regular Meeting Aspen City Council August 11, 2008
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL AMENDING THE
FOLLOWING SECTIONS OF THE CITY OF ASPEN MUNICIPAL CODE: SECTION
26.470.040.5 - DEMOLITON OR REDEVELOPMENT OF MULTI-FAMILY
HOUSING AND SECTION 26.104.100 - DEFINTIONS
Councilman Johnson moved to adopt Ordinance #22, Series of 2008, on first reading;
seconded by Councilman Skadron.
Councilman Johnson suggested Jay Maytin meet with staff regarding the direction
Council made at the last work session for exemptions. Chris Bendon, community
development department, told Council staff will provide the exemption proposals
included in the ordinance with a series of options staff heard at the work session.
Councilman Skadron said the city should be cautious about an ordinance written years
ago and apply it to today.
Roll call vote; Councilmembers Romero, yes; DeVilbiss, yes; Johnson, yes; Skadron,
yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #20. SERIES OF 2008 -Historic Designation and Subdivision 612 W.
Francis
Mitch Haas, representing the applicant, told Council in 2000, at the corner of West
Francis and North 5`h street, the Silverman/Doremus lot split was approved. The
Doremus' owned 600 West Francis, 9,000 square feet with two houses, a pan abode and a
wood house on the alley; the Silvermans owned a 3,000 square feet lot with one single
family house. The Doremuses sold 3,000 square feet to the Silvermans so each owned
6,000 square feet and the wood house on the alley was demolished. Currently there are
two lots of 6,000 square feet each with a single family house.
The Silvermans now own all 12,000 square feet and desire is to return it to one 3,000
square feet and one 9,000 square feet with the pan abode and open space. The only way
to make a 3,000 square foot lot conforming is to apply for historic designation. The
proposal is to designate the entire site and divide it into a 3,000 square foot lot and a
9,000 square foot lot. The structure on the 3,000 square foot lot was built to appropriate
floor area for the site. There will be no change in the total amount of floor area for the
entire parcel and one additional dwelling unit can be built. Haas noted any development
will be reviewed by the HPC. The pan abode cannot be torn down.
Councilman Skadron asked if this creates a lot that would allow severing of TDRs. Amy
Guthrie, community development department, said any historic designation would allow
creation of TDRs if there is unused square footage. Ms. Guthrie told Council the entire
12,000 square foot parcel is allowed a maximum FAR of 6480 square feet. Ms. Guthrie
said an additional unit on the parcel would have to come out of the FAR. The applicant
can apply for a historic bonus. Haas said in order to receive an HPC bonus, it must be an
exemplary project. Haas said if this were not historically designated at two 6,000 square
foot lots, each lot could receive a TDR.
Regular Meeting Aspen City Council August 11, 2008
Ms. Guthrie told Council the pan abode was not on the Ordinance #48 list as staff was not
aware that the history of the building. The additions are pan abode brand, are not altered,
and were built early in the history of the house. One owner of the house was the
developer of Aspen Highlands. This is a voluntary designation; the building is very
intact. This scored 86 out of 100 on architectural integrity and staff supports this
designation. Ms. Guthrie pointed out 75 points is a threshold for post WWII buildings.
Mayor Ireland opened the public hearing.
Jack Wilke, Francis Street, said this seems like a shell game for floor area, that the
building on the smaller lots will exceed the FAR. Mayor Ireland said the total floor area
on two lots will not increase. Haas said the house on 3,000 square feet lot has an FAR of
2400 square feet which is allowed on 3,000 square feet and was legal when it was built.
Jay Maytin, HPC member, said this is a great opportunity for preservation; the entire
parcel including the pan abode will by under the control of HPC.
Mayor Ireland closed the public hearing.
Councilman Romero asked about P&Z's issue with FAR. Ms. Guthrie said there were
concerns with FAR and exemptions but that was a policy issue, not to this lot
Councilman Romero moved to adopt Ordinance #20, Series of 2008, on second reading;
seconded by Councilman Johnson.
Councilman Johnson said it is a great opportunity for preservation and thanks to the
applicant for bringing the application forward.
Roll call vote; Councilmembers DeVilbiss, yes; Skadron, yes; Romero, yes; Johnson,
yes; Mayor Ireland, yes. Motion carried.
RESOLUTION #74, SERIES OF 2008 -Aspen Walk Conceptual PUD
Jennifer Phelan, community development department, told Council this is step two of a
four step process. The conceptual PUD has been reviewed by P&Z and forwarded to
Council. This parcel is zoned RMF with a PUD overlay. The proposal is to demolish
two existing buildings and replace them with one building containing a mix of affordable
and free market units. There are 14 free market units on 404 Park Avenue and 414 Park
Circle, owned by the Aspen/Pitkin Housing Authority, has 11 affordable units. The
proposal is to combine the two lots and redevelop it with 24 affordable housing units and
14 free market units, total 38 units. There are 53 parking spaces in underground parking
proposed.
Ms. Phelan noted the building meets the underlying zone requirements in the R/MF zone
except for one setback, in which the applicant proposes a land trade with the city or
requests a 0 foot setback. The applicant is short on parking for the affordable housing
Regular Meeting Aspen City Council August 11, 2008
component. The applicant is requesting greater floor area than allowed by underlying
zoning. The applicant requests 46,725 floor area and the underlying zoning allows just
less than 41,000 square feet. These variations can be approved in a PUD process.
Ms. Phelan told Council when demolishing residential-multi family structures, there is an
affordable housing mitigation in the redevelopment process. There is mitigation required
to replace the existing affordable housing units as well as mitigation required to
redevelop the free market units. Ms. Phelan said for the existing 11 affordable housing
units, the applicant can demolish and replace as affordable housing units as long as the
same number of employees currently housed are housed in the redevelopment. The same
number of units does not have to be built as long as the same number of employees are
housed. Employees housed are based on the type of units and there are currently 16.75
employees housed in the 11 units. The applicants proposed to house 16.75 employees in
9 units in a different configuration.
Mitigation for the free market units has two options; first is 100% replacement, one has to
replace 100% of the existing units, which would be 14 units, 100% of the existing
bedrooms, there are 25 bedrooms and 100% of the net livable area, which is
approximately 9200 square feet. The free market units can be developed and expanded
without additional mitigation. The 50% replacement would require 7 units, 50% of the
bedrooms or 12.5 and 50% of the net livable would be replaced as well as a percentage of
the expanded square footage of the new free market units. The applicant has chosen the
100% replacement. 9 units out of the proposed 24 affordable housing units are
replacement units, leaving 15 units as 100 replacement and 14 would be required. The
applicants are proposing 21 bedrooms, shy of the 25 bedrooms to be replaced. The
applicants propose 10,000 square feet net livable, higher than the 9400 square feet
required to be replaced.
Ms. Phelan showed existing conditions on computer modeling as well as the proposed
massing. Ms. Phelan said this application meets the underlying zoning regarding height;
there is no limit on density. The applicant is asking for variations regarding floor area
over what density allows, for a difference in the parking requirement for affordable
housing and for a zero foot setback on a portion of the property.
Ms. Phelan noted the intent of a P1JD is to allow design flexibility to meet the goals of
the AACP, to promote high quality design and site planning and to insure sensitivity to
neighborhood and community goals. Ms. Phelan said this project provides new and
rebuilt affordable housing units which is a benefit to the city. Ms. Phelan said the AACP
notes that affordable housing should be compatible with the scale and character of the
community and of the neighborhood. Ms. Phelan said staff does not feel the increase in
floor area is compatible with the neighborhood. Ms. Phelan said staff feels there could be
additional refinement in the architecture and some additional site planning. Ms. Phelan
recommended the applicant reduce the floor area to meet the requirement, to break up the
mass of the project and work on the scale of the project.
Regular Meeting Aspen City Council August 11, 2008
Councilman Skadron said the applicant is requesting 3 variations, allowable FAR,
minimum setbacks and minimum off street parking. Councilman Skadron asked about
the allowable height in the zone district and the height of the proposed building. Ms.
Phelan told Council the height has been reduced since the original presentation at P&Z
and the applicants are not asking for a variation in the height. Councilman Skadron said
the housing office has stated sales units are critical to their mission and more important
than rental units as sales units provide better benefit to the community. Councilman
Skadron asked if staff has numbers to indicate that sales units are in greater demand than
rental units. Tom McCabe, housing office, said his statements are from the philosophy of
the AACP that the housing is to provide hope and opportunity for a person to buy a unit
and to become a vested member of the community. Councilman Skadron asked if
numbers can be assigned to that philosophy. Councilman Johnson said staff has those
numbers in the number of sales units available and the number of people applying for
lotteries and where they came from. Councilman Johnson said staff could put together
those numbers for rental units.
Councilman Skadron said he would like to know the total FAR, the square footage of free
market units and the total FAR square footage of affordable housing units. Ms. Phelan
said the net livable for the free market is 33,239 square feet and the net livable for the
affordable housing is 16,127 square feet. Councilman Skadron asked if the multi-family
replacement criterion addresses ratios. Ms. Phelan said the criteria addresses the unit
count and existing net livable.
Councilman Skadron said for what the city is giving, is that ratio appropriate. Ms. Phelan
noted the developer is going to redevelop the site. The merging of the two lots provides
additional development not available without that merger. Ms. Phelan reiterated it is a lot
of square footage for the site. Mayor Ireland said the issue is whether a project creates
more jobs than the housing proposed. Councilman Johnson said he would like to know
why there is an existing PUD for both of these properties. Councilman Johnson said one
of these properties is de facto affordable housing and he would like to know the rental
rates and who is living in these properties. Councilman Johnson said he would like to
know if existing tenants for both sites will be given priority for the replacement housing.
Councilman Johnson left the meeting.
Ms. Phelan said staff's recommendation is that the applicant work to reduce the scale and
mass of the building, to reduce the floor area, look at breaking up the mass of the
building and to provide the required amount of parking for the affordable housing.
Mayor Ireland said he would like to know how large the Wienerstube project was.
McCabe reminded Council in the AACP the city committed to increasing the density in
the urban growth boundary. The AACP calls for private/public partnerships and there
have not been a lot of those. This project will not cost the city any money. This is a
replacement of older units with new affordable housing and better square footage in an
appropriate location. McCabe said the housing board is dedicated to giving the existing
tenants right of first regular. McCabe noted there are 11 category 1 units on Park Circle,
category 1 units are difficult to come by; this is an opportunity to preserve category 1
Regular Meeting Aspen City Council August 11, 2008
units. McCabe said APCHA has some money to put toward relocation of tenants and
buy downs of the units, if necessary. Mayor Ireland agreed some goals could be met by
buying down the units from category 2 to 1 and having some rental units. McCabe said
the APCHA board does not endorse mixing rental units with sales and free market units.
McCabe showed photographs of the existing area, the building at 414 Park Circle,
examples of development in the surrounding area. McCabe said change is inevitable.
This proposal is a complete redesign to meet the concerns of P&Z. McCabe quoted from
the housing summary, "There are no easy development parcels left. Just about
everything we do is going to involve challenging grades, confined parcels and opposition
from neighbors. The latter represents the most difficult aspect of any development the
city embarks upon. Recognizing that each project is evaluated on its own merit, it would
be difficult for the Council to make a blanket statement about support. The ultimate goal
is that projects be evaluated based on the project and not its neighbors or the magnitude
or the opposition it may garner."
Stan Clauson, representing the applicants, said this proposal contains 38 new units, of
which 24 are affordable housing units. This is the first project under the 100%
replacement provisions of the code rather than 50% replacement of the previous code.
Clauson said it was difficult to provide 100% replacement of bedrooms and units and
then add the free market units. Clauson said this project meets the criteria of the code.
The proposed FAR of this project at 1.42:1 is greater than the 1.25:1 as allowed. There is
a PUD overlay on the R/MF zone district, the densest residential district. The R/MF zone
has a sliding scale and 44 units in this zone would be allowed a 1.5:1 FAR. The R/MF
zone does have provision for a denser project. Clauson noted there is a disagreement
with staff over the required units and bedrooms. The applicant feel the mitigation for the
free market is 25 units, which is 100% of the existing bedrooms. The mitigation for the
existing affordable housing is based on a calculation of employees housed by the existing
affordable housing units and the employees housed by the proposed affordable housing
units. Clauson said staff used studio units as part of the mitigation; the applicants used
the one-bedroom units. There are the same numbers of bedrooms but the employees
housed are greater. Clauson said they feel they have met the requirements and would
submit to the housing board or a third party.
Clauson said there is a current parking deficit of 19 spaces; the code states the deficit may
be maintained in a new development. Clauson said the new development provides 53
parking spaces which is a 7 parking space deficit overall. Clauson said 7 spaces is less
than 19 and they believe that meets the code. Clauson told Council the applicants
lowered the height of the building 4' overall by making some of the units 50% subgrade.
Clauson said there was input from residents of the Tailings building about the height and
the building has been moved 20' away from the Tailings to angle away. The applicants
have worked to lessen the impact on adjacent buildings. The parking garage entrance
was re-located for more efficiency. Clauson noted the 53 parking space is one level of
underground parking, which makes it difficult to provide any more parking. This
provides one parking space for every free market unit. Clauson said they have changed
design to make this appear lighter; have added a recreation deck. The affordable housing
9
Regular Meeting Aspen City Council August 11, 2008
unit mix has been changed to come into greater compliance. Clauson said the applicants
do not have a notion on ownership versus rental.
Clauson presented a flyover of the project, showing the location, showed where the
building is pulled away from the Tailings building to maintain the view of Aspen
mountain, the front facade of the project, the entry into the parking garage. Clauson
reiterated the building no longer needs a height variation. There is a request for a floor
area variation. They will need a front area variance for the setback. Clauson pointed out
the triangle of land owned by 404 extending into the Midland right-of--way. There is a
piece of land owned by the city that could be exchanged resulting in no need for a
setback variance. John Worcester, city attorney, reminded Council variances are granted
by the Board of Adjustment; a PUD allows Council to grant variations. Worcester noted
the issue being discussed is variations, not variances.
Mayor Ireland opened the public hearing.
Toni Kronberg said this project is too big for this corner. Ms. Kronberg noted the AACP
states that in zeal to provide affordable housing, the city should not lose site of the scale
and character of the neighborhoods in which it is being built. Ms. Kronberg said this
project needs to be held to the same standards as other projects before Council. Ms.
Kronberg said Council should have a long term plan for the type of housing needed and
for whom this housing is needed.
Marcia Goshon, housing board, told Council the board looked for partnership
possibilities on this land for awhile. This partnership is a good one and the plan is one in
which the housing board does not have to come up with any money. Ms. Goshorn said
the board looked at this project for ownership units because that gives residents a vested
interest in the community. Ms. Goshorn said the architecture is designed to last a long
time. Ms. Goshorn said the proposed subgrade space has windows; the housing board
does not consider this "below grade" space within the land use code. Ms. Goshorn said
this space would be energy efficient.
Jordan Nemirow, Aspen Hills, asked the total square footage of the existing buildings and
the proposed project. Clauson said there is 15,500 square feet now and the proposed
project is 46,000. Nemirow said this is a building that is 3 times larger than what is there
now. Nina Ersbach, Tailings condominium, said this building is too much for the site;
the building is monolithic. Ms. Ersbach said the 3 story affordable housing portion is
very close to the Tailings and is 5 times the size of the Tailings building. Ms. Ersbach
said the project is not sensitive to the scale and character of the neighborhood. There
should be more open space on the north side of the proposed building to alleviate the
visual impact. The building is designed lot line to lot line. Ms. Ersbach showed a picture
from her unit and a mock up of how it would be after this project is built. Ms. Ersbach
said she created this mock up from what was shown to the neighborhood in April.
Jay Maytin, Tailings, said the staff and applicant should come to an agreement on the
number of affordable bedroom required. Maytin said the building started at 51,000
10
Regular Meeting Aspen City Council August 11, 2008
square feet and is now 46,000 square feet. Mayon said one of the reasons for the
decrease in floor area is that the building is sunk into the ground, which changes the
calculations. Mayon questioned whether the building is smaller or just measured
differently. Mayon said the parking should be recalculated on the actual usage. Mayon
said the Council and public should be aware financial implications of this land swap.
Mayon questioned why a buy down is necessary. Mayon said Council should conduct a
site visit, and include the neighbors. Mayon said the mass and scale of this building does
not fit the neighborhood. The increased density will affect the neighborhood. This area
has a lot of traffic.
Mayor Ireland closed the public hearing,
Councilman DeVilbiss concurred he would like a site visit before voting on this
application; Mayor Ireland and Councilman Romero agreed. McCabe told Council there
is a critical point in the time with the partners. Once the project is approved, the property
is deeded to the developer and the housing authority receives $750,000 to use as they
choose for affordable housing either on this site or somewhere else. The housing board
decided to use it on this site to take care of tenants and to buy down some units. Clauson
told Council the photos showed by Ms. Ersbach were based on an earlier iteration of the
project. Clauson said they believe with this design, the views from the Tailings are not
impacted.
Clauson pointed out that the ratio between the free market and affordable housing is not
in the land use code. The code was changed to double the mitigation for affordable
housing and allows the existing number of free market units to be replicated if affordable
housing is provided. Clauson noted there are 14 free market units in this complex today
and there will be 14 free market units in the proposal. Clauson said there is a ratio in the
code to Limit the size of free market condominiums in some zone districts and the limit is
2500 square feet, which can be increased to 3000 square feet using an historic TDR.
Clauson told Council none of the units will be larger than 2500 square feet. Clauson said
this project is driven by the replacement code, which requires a larger number of
affordable housing units than the developer originally envisioned. Clauson said the units
were originally planned to be categories 2 and 4; however, this has been changed to all
category 2. Clauson said the housing authority asked for a cash payment to take care of
existing tenants, to which the developer agreed. Clauson said there is no way this could
be multiple buildings on the site and meet the code and provide all the floor area.
Clauson reiterated the building height meets the land use code.
Councilman DeVilbiss asked whether the building is smaller or is measured in a different
way. Clauson said when the building was lowered, a portion became subgrade, which
changes the measurement of floor area. The floor area of the building was also reduced
by changes to internal circulation. Councilman DeVilbiss asked how long the applicants
think the construction will take. Clauson said after building permit, construction will
take 1$ months.
11
Regular Meeting Ashen City Council August 11, 2008
Councilman Romero agreed a site visit would be appropriate. Councilman Romero
stated there is a balance of trade offs, which are composed within the AACP.
Councilman Romero said there are positive impacts as well as downsides in the AACP.
There are trade offs with mass and scale and impacts to the neighborhood are offset by
the increased density and increased affordable housing units. Councilman Romero said
the beliefs around parking requirements are mired around the 20`" century and the need
for cars. Councilman Romero said he would like to see more creative solutions, like car
share, electric cars. Councilman Romero stated he appreciates this public/private
partnership. Councilman Romero is supportive of monies towards the existing tenants
and relocation and monies going to buy down to category I within the project.
Councilman Romero said he is prepared to support increased density; however, he would
like to know there is clarity between the applicant and the city on what the correct
numbers are for the unit count and bedroom count and square footage for the affordable
housing.
Councilman Skadron said he likes the design of the building and the use of quality
building materials. Councilman Skadron agreed about Councilman Romero's comments
on parking and supports the buy down concept. Councilman Skadron recognized the
importance of affordable housing in the urban growth boundary and its importance to the
community. Councilman Skadron noted the AACP spells out objectives, which
sometimes conflict. Councilman Skadron said in an attempt to preserve the community
with inftll, the AACP suggests the pursuit of optimum development potential.
Councilman Skadron stated optimize differs from maximize. Councilman Skadron said
scale and mass of a proposal like this creates an insensitivity to the neighborhood.
Councilman Skadron said he cannot support this without a reduction in scale and mass.
Councilman DeVilbiss said a reduction in scale gets to economics of a project and
Council has not required financial or economic data. Councilman DeVilbiss agreed free
market units drive a project; however, the city has not examined how many free market
units of what size are reasonable in turn for what the community gets.
Mayor Ireland said the community is in the conundrum of sprawl versus density. Mayor
Ireland said there is a balance. This is a neighborhood in transition. Mayor Ireland said
Council needs to hold affordable housing project to the standards in the code. Mayor
Ireland said there are ways to break up mass without creating separate buildings. Mayor
Ireland said he would like an independent person to do an evaluation of what the
proposed building would look Like from the Tailings. Mayor Ireland suggested having a
lottery for these units for people who agree not to have a vehicle on premises or in the
neighborhood to have a priority. Mayor Ireland said there can be spaces for car share
vehicles. Mayor Ireland suggested said the city does have a consultant who can do
independent financial studies of projects.
Mayor Ireland said the city has a cap on free market units at 2500 square feet. Mayor
Ireland said the reason to have this cap is to create more units. Mayor Ireland said it may
be preferable to have larger units which would be less impact in number of residents and
number of cars in a project. Mayor Ireland suggested this could be a residents only
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Regular Meeting Aspen City Council August 11, 2008
parking as there are problems in the neighborhood with cars and with street parking.
Mayor Ireland said there is potential in this project, to reduce the scale and mass. Mayor
Ireland said he would like an independent economic valuation. Mayor Ireland stated this
is an opportunity, if done right and creatively to address mass, scale and parking.
Councilman Skadron said the economics were not an explicit claim of the applicant.
Mayor Ireland said the applicants stated they had to have category 2 rather than 1 or the
project would not pencil out. Clauson said the applicants do not object to category 1
units. Clauson noted there are problems qualifying category 1 buyers.
Tom Fossett, representing the developer, noted that one will not be able to distinguish the
free market portion from the affordable housing portion; they will be built the same.
Councilman Romero said he does not support the independent valuation; it is not part of
the land use code. Councilman Romero said the Obermeyer building is fully integrated
and one cannot tell the free market from the affordable units. Councilman DeVilbiss said
he is inclined towards this project; however, he wants a site visit. This is a big building.
Council agreed a site visit will be scheduled before the next meeting.
Councilman Skadron moved to continue Resolution #74, Series of 2008, to August 25,
2008; seconded by Councilman Romero. All in favor, motion carried.
Councilman Skadron moved to adjourn at 9:45 p.m.; seconded by Councilman Romero.
All in favor, motion carried.
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Ka yn S. Koch, City Clerk
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