HomeMy WebLinkAboutminutes.council.20080922Regular Meeting Aspen City Council September 22, 2008
CITIZEN COMMENTS ................................................................................................. .... 2
COUNCILMEMBER COMMENTS .............................................................................. .... 2
CONSENT CALENDAR ............................................................................................... .... 2
• Minutes -August 26, September 8, 2008 ........................................................... .... 3
• Approval of Instant Runoff Committee .......................................:...................... .... 3
• Resolution #87,.2008 -Contract East Water Plant ............................................. .... 3
• Resolution #88, 2008 -Contracts - Truscott Building Stabilization ................. .... 3
RESOLUTION #89, 2008 -Contracts - DHM Burlingame Site P]arming .................... .... 3
ORDINANCE #3Q SERIES OF 2008 -Establishing TDRs 541 Race Street ............... .... 3
ORDINANCE #31, SERIES OF 2008 -Code Amendment Encroachments ................. .... 4
ORDINANCE #25, SERIES OF 2008 -Historic Designation 28 Smuggler Grove...... .... 5
ORDINANCE #29, SERIES OF 2008 -Water Service Agreement Three Trees .......... .... 5
ORDINANCE #22, SERIES OF 2008 -Code Amendment Residential Multi Family
Replacement .................................................................................................................... .... 6
ORDINANCE #24, SERIES OF 2008 - 508 East Cooper Street Settlement ................ .. 12
1005 WATERS AVENUE ORDINANCE #48 NEGOTATION ................................... .. 14
1
Regular Meeting Aspen City Council September 22, 2008
Mayor Ireland called the meeting to order at 5:08 p.m. with Councilmembers Skadron,
Romero, and Johnson present.
1. Ruth Harrison told Council she attended a parks meeting on Anderson park,
which is located on east Cooper. Ms. Hamson requested Council consider changing the
name to Hildur and Bill Anderson park, since there is another Anderson park. Ms.
Harrison said the parks department wants to do improvements to the Anderson park;
however, they do not have the money. Ms. Harrison urged Council to fund these
improvements. Council requested Ms. Harrison attend the parks department budget
meeting, which is October 20`h.
2. Toni Kronberg said J. E. DeVilbiss left behind a legacy of love of the law, which
he brought to Council. DeVilbiss fought to keep building in scale and character. Ms.
ICronberg announced there is an open house on the airport expansion, September 24 at
4:30 at the Rio Grande meeting room.
COUNCILMEMBER COMMENTS
1. Councilman Romero said a wonderful piece of the community has been lost with
the death of Councilman DeVilbiss. Councilman Romero said he will miss the mentoring
as well as JE's wit.
2. Mayor Ireland said there will be a Council memorial for Councilman DeVilbiss.
There will be a mass September 26`h at 10:30 a.m. at St. Mary's. There will be a
community service at Paepcke auditorium Saturday at 3 p.m. followed by a reception at
the Elk's Lodge at 4:30 all are open to the public
3. Councilman Romero reported RFTA ridership is approaching 4.8 million. RFTA
is working on their November ballot question about the bus rapid transit component.
RFTA reported to the board meeting progress with the current budget and operations.
4. Councilman Romero said there have been two Lift One COWOP meetings since
the last Council meeting, September 11 and 18. The COWOP is being presented to HPC
and P&Z and will come to Council in October. The COWOP closed a major hurdle with
the decision of a ski lift up to Lift lA.
CONSENT CALENDAR
Councilman Johnson requested (~ be removed from the consent calendar. Councilman
Romero moved to approve the consent calendar as amended; seconded by Councilman
Skadron. The consent calendar is:
ReEUlar Meeting Aspen Citv Council September 22, 2008
• Minutes -August 26, September 8, 2008
• Approval of Instant Runoff Committee
• Resolution #87, 2008 -Contract East Water Plant
• Resolution #88, 2008 -Contracts - Trnscott Building Stabilization
All in favor, motion carried.
RESOLUTION #89, 2008 -Contracts -DHM Burlingame Site Planning
Councilman Johnson requested an update on the Burlingame homeowner's association
vote. Mayor Ireland said the homeowners have not yet agreed to bring this to the HOA.
Mayor Ireland told Council he met with the homeowner's board and there are outstanding
issues with phase I they would like resolved before they talk about expanding
Burlingame. Staff is working with the homeowners on these issues.
Councilman Johnson noted this contract is for site panning to prepare for additional units
and is approving the contract before there is approval for more than 236 units.
Councilman Skadron noted this work will be used regardless of whether there is 236 units
or 300 units. Tricia Aragon, engineer, told Council efforts will not be lost regardless of
which plan is used; the work can be used for increased density in the units or the layouts,
or infrastructure like the road. Mayor Ireland agreed the city should make sure money is
not spent on something neither voters nor the HOA would approve. Ms. Aragon said the
city is in a holding pattern until there is information from the voters and from the HOA.
Ms. Aragon said the homeowners would like to know what the increased density will
look like and how it will affect them, which can be answered by this site planning. The
contract allows the city to stop at any time.
Ms. Aragon said the road alignment and utilities will have to be done whether there are
236 or 293 units. Chris Everson, asset management, told Counci175% of the work DHM
will do will be usable at the smaller unit count. Mayor Ireland said the city needs
information in order to do presentations about the two different sizes of Burlingame.
Councilman Johnson moved to approve Resolution #89, Series of 2008; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE #30, SERIES OF 2008 -Establishing TDRs 541 Race Street
Sara Adams, community development department, said this is located in Fox Crossing
and the request is to establish 3 TDRs. The criteria for allowing TDRs has been met.
Councilman Skadron asked if there were conditions placed in the original approval that
address the ability of the application to benefit from TDRs. Ms. Adams said she will
research this for second reading. Councilman Skadron said he would like the P&Z
minutes from the original subdivision review. Councilman Johnson said he would like to
see the original representations of the application. Councilman Johnson noted there were
Regular Meeting Aspen City Council September 22, 2008
variances granted for the community benefit of preservation of 10 acres of open space as
well as preservation of the historic structures on site. Ms. Adams pointed out there is an
ADU which will be deed restricted for sale to a qualified buyer. Councilman Johnson
said he would also like the HPC minutes.
Councilman Johnson moved to read Ordinance #30, Series of 2008; seconded by
Councilman Romero. All in favor, motion carried.
ORDINANCE N0.30
(SERIES OF 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING THREE
(3) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE
DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 541
RACE ALLEY, LOT 6 OF THE FOX CROSSING SUBDIVISION, CITY OF
ASPEN, PITHIN COUNTY, COLORADO
Councilman Johnson moved to adopt Ordinance #30, Series of 2008, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, yes;
Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #31, SERIES OF 2008 -Code Amendment Encroachments
Tricia Aragon, city engineer, told Council this code amendment addresses both
temporary and permanent encroachments. Ms. Aragon said the ordinance reestablishes
the time frame temporary encroachment are allowed, which was inadvertently eliminated,
and recognizes construction restrictions in the core during the winter, not just the
summer. This amendment addresses construction staging as an encroachment. Ms.
Aragon noted this addresses earth stabilization as a permanent encroachment and sets a
fee for that.
Councilman Romero asked what made staff look at these new encroachments. Ms.
Aragon said this code amendment is in anticipation of deeper excavation and the
limitation on the earth retention systems by not using the right-of--way. It is difficult to
do deeper excavations without using the city right-of--way. This also makes it safer.
Councilman Johnson asked if there will be any competition with geothermal utility. Phil
Overeynder, water department, said there should not be a conflict between these two
applications.
Councilman Romero moved to read Ordinance #31, Series of 2008; seconded by
Councilman Skadron. All in favor, motion carried.
ORDINANCE NO. 31
(Series of 2008)
4
Reeular Meeting Aspen City Council September 22, 2008
AN ORDINANCE AMENDING TITLE 2 AND TITLE 21 OF THE ASPEN
MUNICIPAL CODE REGARDING OCCUPATION AND EXCAVATION IN THE
CITY RIGHT-OF-WAY
Councilman Skadron moved to adopt Ordinance #31, Series of 2008, on first reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes;
Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #25, SERIES OF 2008 -Historic Designation 28 Smuggler Grove
Sara Adams, community development department, told Council this property was placed
on the list of potential historic sites and structures in 2007. The applicant put this on hold
and then reinstated the application for voluntary historic designation in July 2008. This is
a miner's cabin, circa 1880 which was moved to its present location, probably in the
1960's. This structure meets the criteria being an antiquity, over 100 years old. HPC
unanimously recommended in favor of this designation. The property will be eligible for
all benefits of historic preservation.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Skadron moved to adopt Ordinance #25, Series of 2008, on second reading;
seconded by Councilman Romero. Roll call vote; Councilmembers Johnson, aye;
Romero, aye; Skadron, aye; Mayor Ireland, aye. Motion carried.
ORDINANCE #29, SERIES OF 2008 -Water Service Agreement Three Trees
Phil Overeynder, water department, told Council this is also known as 1 Toby Lane or lot
2 Hefner subdivision. There was a water agreement from 1996 for the existing Hefner
residence. That structure has been razed and application has been made for an
amendment to the water service agreement. They want to increase the ECUs from 3 to 6.
The agreement limits the use of raw water from the Si Johnson ditch for landscaping
purposes. The applicant agrees to abandon the existing well and the applicant will
petition for annexation when the property becomes contiguous. Overeynder said this
agreement allows access to the ditch For maintenance and repairs and this is a benefit to
the city.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Romero moved to adopt Ordinance #29, Series of 2008, on second reading;
seconded by Councilman Skadron. Roll call vote; Councilmembers Romero, yes;
Skadron, aye; Johnson, yes; Mayor Ireland, yes. Motion carried.
Regular Meetiue Aspen Citv Council September 22, 2008
ORDINANCE #22, SERIES OF 2008 -Code Amendment Residential Multi Family
Replacement
Chris Bendon, community development department, told Council this ordinance re-
establishes some exemptions to the multi-family replacement program. Bendon told
Council this is not a new section of the code; it was first adopted in 1988 as Ordinance
#44. Bendon noted there was a 1980's task force that focused on affordable housing
which recommended a 3 pronged strategy to address the community's housing needs to
include the production of new units, reduction of demand for new housing and
preservation of existing inventory. Bendon said the existing inventory at the time was
3300 units. The task force said the demolition of existing residential dwellings in Aspen
was resulting in the exclusion of working residents from the city. The P&Z found that
the development of new exclusive developments is contrary to the long standing
community goal of the economic and social balance in Aspen. The Council then had an
administrative delay on residential demolition in order to study this and to recommend
solutions.
The legislation in 1988 affected whenever multi-family residential dwelling units were to
be demolished or combined replacement requirement was 50% of the units and 25% of
the bedrooms affected by the demolition. In 1990, Ordinance #1 was adopted addressing
the mix of units within neighborhoods and the redevelopment of dwellings resulting in
displacement of families. With the high cost of land, residential housing opportunities
are decreasing. This ordinance affected demolition ofmulti-family housing and added
some exemptions; the act of God or non-willful demolition, and units used exclusively
for tourists. The definition of RMF units in this ordinance does not include single family
or duplex or any multi-family dwelling units which have been exclusively used as a
tourist accommodation or occupied by an owner who does not meet the definition of
working resident.
Bendon said in 1990 the replacement requirements were increased to 50% of the square
footage of net residential area demolished, 50% of the bedrooms and 50% of that has to
be above natural grade and deed restricted. This has to replaced on site unless the owner
demonstrates that the units would be incompatible with the adopted neighborhood plans
or an inappropriate solution due to the physical site constraints. This ordinance had a
provision for a fraction of a unit to be provided for in cash-in-lieu. In 1990 a definition
of demolition was "to tear down completely or do away with" and a building will be
deemed demolished if "less than 50% of existing primarily residential structure remains
in place".
In 2000, the replacement housing section of the land use code was amended. The
whereas clauses stated the provision of dispersed housing in Aspen have been long
standing planning goals of the community. This code amendment repeated the language
about units that were demolished or merged into one project and contained the exemption
for acts of God. The replacement requirements were 50% of the square footage and 50%
of the bedrooms still requiring these replacement units to be built on site unless Council
found there were site constraints. In this code replacement, the demolition definition
Regular Meetiu2 Aspen City Council September 22, 2008
was amended "to destroy 50% or more of an existing structure as measured by exterior
surface wall area" The same exemptions were in the ordinance, single family and duplex
and dwelling units used exclusively as tourist accommodations or bynon-working
residents.
In 2002 there were land used code amendments which included the purpose statement of
promoting a socially and economically balanced community. Language was added to
state that demolition of an RMF housing unit shall include any development action which
constitutes demolition as defined, which was changed, as well as any action which
penetrates demising walls or floors between RMF units or which converts an RMF unit to
anon-residential use independent or not of whether such action is taken to rebuild the
units or for any other purse. Bendon pointed out any penetration of a demising wall
would constitute demolition regardless of the purpose, which would include putting a
door between two units and using them as one unit. This code amendment retained the
exemptions as outlined above. The change in the definition of demolition was to address
remodels that looked more like demolition and replacement. The amendment was
amended to add "to raze or teaz down or destroy 40% or more of an existing structure as
measured by the surface of all exterior walls and roof azea above finish grade and
associated assembly and components necessary for the structural integrity of such wall
and roof azea". This code amendment contained the exemptions for single family and
duplexes and tourist accommodations.
In 2005, the code was amended including the purpose statement that as a result of
replacement housing with second homes and tourist accommodation, the city has found it
necessary in concert with other regulations to adopt limitations on the demolition of
existing multi-family housing in order to minimize the displacement of working
residents. This amendment had the same definition with demising walls and had the
exemptions. In 2005, the code was changed to give 3 replacement options one was a
100% replacement provision, exact dimensions, size and bedroom count. If one did that,
the units could remain free market with no mitigation. Another option was replace the
same building with same program, same number of bedrooms but expansion of the
livable area, mitigation would be required based on the percentage increase of net livable
space. The 3`d option was replacement of 50% of the units, 50% of the bedrooms and
50% of the square footage of the prior project on the same site.
In 2007 after the moratorium, there were major land use code amendments. There were
statements about the pressure of redevelopment and resident housing for workers. The
replacement provision became more rigorous and there was to be no loss of density, same
number of units in the new development. The options were a 100% replacement of the
same number of units, bedrooms, and net livable area and the replacement housing will
be deed restricted and resident occupied housing. The project, after the RO units, could
be expanded to include some free market development with no other affordable housing
mitigation. The exemptions were inadvertently dropped in this code amendment. Staff
feels it is important to have exemptions for acts of God, for single family and duplex
units, and for units used as tourist accommodations. Bendon said there are some projects
that have been waiting for these exemptions to be put back into the code.
7
Regular Meeting Aspen City Council September 22, 2008
Councilman Romero noted this was originally adopted in 1988 with 5 subsequent
amendments and is there a history of how many applications have come under this
replacement requirement. Bendon said in the 1980's apartment buildings were being torn
down and replaced with luxury townhomes or single family dwellings and the housing
stock was being affected. Bendon said there was a feeling that if this were left to its own,
there would be dire consequences on the viability of the community, which is reflected in
the purpose statements. There have been projects that have gone through the resident
multi-family code. Bendon said he feels this was a "stop the redevelopment" on these
type of housing ordinance.
Councilman Romero asked about the combining of units and how many applications have
there been. Bendon said there have been very few of these type of combinations that
have been able to demonstrate that the units never housed a working local resident.
Councilman Romero asked if staff analyzed people not renting their units to a local as it
would jeopardize the market value of the property. Bendon said that did not come up in
discussions of the code amendment; however, that maybe more of an issue in 2008 than
in 1988.
Bendon noted exhibit A which is a list of options for changes to this ordinance in addition
to the exemption. Council requested staff draft these options for consideration. Option 1
is for non-permanent penetration of demising walls for the maintenance or upkeep of
units, staff is recommending this be added to the agenda. Option 2 would add a horizon
on the use of the unit as a local housing or tourist unit by adding language that would say
"for a minimum of 10 years" if it has not been used to house a working local, it would no
longer be subject to replacement.
Option 3 addresses wholesale reconfiguration of adjacent units as long as the end result is
the same number of units. Bendon noted this would allow someone to buy an adjacent
unit and reconfigure the two units in size, bedroom count, square footage but still end up
with two units and be exempt from the code. Option 4 would give the ability to combine
units if the newly created unit has a minimal deed restriction to keep it in the local
housing inventory. Option 5 would have the code revert back to prior to 2007
amendments. Option 6 would provide temporary combination of units with a future
division of units to allow a deed restriction if in the future it was occupied by a non-
working resident and the unit could be split. Bendon said staff feels this could create an
administrative headache.
Option 7 would allow either combining adjacent affordable housing unit with no further
mitigation requirements. Option 8 would be to eliminate the entire replacement
program. Bendon said staff and Council received many a-mails regarding this ordinance.
Many of these a-mails encouraged Council not to adopt Ordinance #22, which would be
the most restrictive action Council could take. Ordinance #22 contains exemptions that
were inadvertently dropped and would put these back into the code. Bendon said none of
the code amendments effect interior remodels or exterior renovations.
Regular Meeting Aspen City Council September 22, 2008
Mayor Ireland asked,how many units are protected from redevelopment by this section of
the code. Bendon said his estimates are 79 duplex/triplex; multiple units of 4 to 8, 45
units; multiple units in 9+ is 142; and condominiums 2978 units. Mayor Ireland asked if
information is available on how many locals are living in these units. Bendon said he
does not have that information and noted the closer the units are to the ski slopes, the
units tend to be short term. Mayor Ireland asked if staff is convinced that all locally
serving units will be replaced by second homes/tourist units. Bendon said what started in
the mid-1980's would have continued up to the date and that most or all of multiple unit
buildings would be torn down and replaced with single family, large townhouse type
units. Bendon said this project has assisted the community in slowing down the
conversion to non-work housing.
Mayor Ireland asked if staff is awaze of any free mazket units built in the last 12 years
that serve local working residents. Bendon said he is cannot think of any. Bendon
reiterated this ordinance does not and has never affected single family residents. Multiple
family buildings are defined as 3 units or more. Mayor Ireland said the multi-family
replacement program has existed since 1988; this ordinance adds exemptions to the
multi-family replacement program, most of which were inadvertently left out of the land
use code in 2007.
Mayor Ireland opened the public hearing.
Alan Richman said he has been a planner in Aspen since 1980, was a planner with the
community development department and authored the original multi-family replacement
ordinance. Richman, on behalf of an owner at the Aspen Alps, told Council there is no
question in his mind that the exemptions were inadvertently left out. Richman said the
housing replacement program was never intended to regulate multi-family units occupied
as tourist accommodation and that exemption existed since 1988. Richman said the
exemptions used to be in the definition section rather than in the housing section.
Richman urged Council to adopt Ordinance #22.
John Miller stated he does not agree with Ordinance #22 and would suggest Council
repeal it. Miller said this ordinance is antiquated and discriminatory. Miller said he
would like to purchase two side by side units and put them together so he can live in a
larger unit with his family. Miller said this ordinance would not allow that or would
make it unaffordable. Miller said he does not believe Council should have the right to
tell people they do not have the right to put two properties together.
Paula D'amaso said when she purchased a unit, no one told her about the prohibition of
combining two units. This ordinance would preclude her from renting to a local worker
because she would like to retain flexibility. Ms. D'amaso said this ordinance is not
understood or is it transpazent. Ms D'amaso said she does not think this ordinance was
originally intended to disallow two units from being combined but was meant to stop
demolition of significant units being used to house locals.
9
Regular Meetine Aspen City Council September 22, 2008
Phyllis Bronson said this ordinance does not protect just housing of locals but the
maintenance of the funky vitality in the core of Aspen, which is in danger of being lost.
Ms. Bronson noted this ordinance is not new. Galen Bright said the program has been
inconsistent regarding combining of condominiums. Bright said he agrees with #7, the
exemption to allow combining two units. Bright said he does not feel it is fair to ask
someone to go back 20 years and figure out who lived in the unit.
Rick Boyd, Gavilon condominiums at 935 East Hopkins, told Council these are small
units of 565 square feet and under the current code they can expand their units by
approximately 50% to up to 900 square feet and would improve the standard of living.
Because of the 40% demolition, they have to maintain the wing walls and build around
these walls. Boyd said he would like to see the definition of demolition changed to 50%
instead of 40%. Boyd noted many units in R/MF are too small for families to live in full
time.
Bill Stirling noted he authored and supported both the 1988 and 1990 ordinances, both
related to housing and progressive legislation. Stirling said these ordinances produced
housing for locals. Stirling pointed out the 1988 ordinance was adopted when the
community was seeing weekly demolitions ofmulti-family structures. The ordinance
required whenever free market housing was to be demolished there was a requirement to
build affordable housing on site. Stirling said this ordinance helped to stabilize an
endangered work force. Stirling stated the value of free market real estate in Aspen is
enhanced by the affordable housing program. Stirling said these ordinances have
maintained some rental housing in the middle of the free market. Stirling said it would be
insane to remove an effective law from the books and supported passage of Ordinance
#22 and that options 1 and 7 should be examined more thoroughly.
Karen Wike agreed the exemptions should be put back into the ordinance. Ms. Wike said
she would prefer option 8. Ms. Wike reminded Council of their duty to be an advocate to
all citizens of Aspen. Ms. Wike said deed restrictions impact property values. Andrew
Kole said a community needs regulations but people should not be punished because real
estate could be one's only investment. Kole suggested an amendment for people to
contest this if need be in the future. Owners ought to be able to upgrade their properties
and recoup their investment without turning it into restricted housing. Kole said the
larger problem is if someone has to come up with affordable housing, the cost is
exorbitant and where is there land on which to do that.
Marilyn Marks said this is effectively becoming a new regulation because it has not been
enforced on a consistent basis and there have been vague definitions. Ms. Marks said it
has been easy to get exemptions. Ms. Marks suggested Council not adopt this and listen
to what the public wants the policy to be and how the affordable housing needs fit in.
Ms. Marks said Council should not go forward with the way the policy is enforced to be
more punitive and cost prohibitive; the definitions are vague and the exemptions have
been given freely. Ms. Marks said not adopting this ordinance would be the best course
as there is confusion around this ordinance.
10
Regular Meetiu¢ Aspen City Council September 22, 2008
John Corcoran, Aspen Alps, said this ordinance contains specific exemptions, including
acts of God and tourist accommodations, which are important to the Aspen Alps.
Corcoran told Council he recognizes the important of affordable housing to the
community. Corcoran encouraged Council to adopt this ordinance. Tim Wagner said he
has concerns with the 12/MF program and that when it was adopted units were only 10 to
20 years old and were tom down to make way for luxury townhouses. These units are
now 30 to 40 yeazs old and aze deteriorating. Wagner agreed the affordable housing in
town is a benefit to everyone in the community. Wagner said if units are going to be
demolished and replaced, it is not fair to place the entire burden especially on those at the
lowest end of the free market. Wagner supported Council adopting this ordinance.
Don Policaro agreed the larger picture of this should be looked at. Policaro said many
units are not green and need to be upgraded. Policaro said combining units should be
allowed. Policaoo said this is restrictive and it is a form of rent control. Policaro said
affordable housing is needed. Policaro said Council should adopt this ordinance with
exemptions and would like Council to consider some of the options suggested by staff.
Penney Evans Carruth said Ordinance #22 started out as a housekeeping item and when
people looked more closely at it with up-to-date eyes, it raised questions about the
consequences and intent of the legislation. Ms. Carruth recommended Council adopt this
ordinance and add a provision to agree to review and look at the R/MF issue, demolition
and combining of units.
Pam Cunningham said with the adoption of the prior ordinance, the Aspen Alps is not
able to be reconstructed from fire damage. Ms. Cunningham asked Council to adopt
Ordinance 22 and put back in the exemptions which were previously available. Gabriella
Dillingham said she would like the ordinance adopted and the exemptions reinstituted.
Dale Dillingham said he would be hesitant to rent to locals and would not want to be
penalized by this ordinance. Perhaps that should be removed.
Mayor Ireland closed the public hearing.
Bendon said during the public hearing, there was a statement that the community
development deparhnent had not administered this policy uniformly and this ordinance
would represent a change in enforcement. Bendon said this is not the case. Staff aims to
administer the code evenly and accurately to all property owners.
Councilman Skadron said the land use code is an expression of the Aspen Area
Community Plan, which seeks a socially and economically balanced community.
Councilman Skadron stated this ordinance attempts to achieve that and works to keep a
balance in multi-family workers. Councilman Skadron said examples of its success are
the Aspen Walk project and 719 East Hopkins. Councilman Skadron stated this
ordinance preserves the existing inventory ofmulti-family housing available to workers
with no growth impact. The effect is to integrate housing into the neighborhoods.
Councilman Skadron said he is in favor of regulating the loss of housing available to
local workers and this is best achieved by adopting Ordinance #22. with some
11
Regular Meeting Aspen City Council September 22, 2008
amendments outlined by staff. Councilman Skadron said he would like to discuss options
1, 3, and 7 in the future.
Councilman Romero said he favors adopting Ordinance #22 and requested addressing
options 1, 3, 5 and a version of the latter half of option 7 in a future work session.
Councilman Johnson supports adopting Ordinance #22 as written as reflecting the goals
of the community and as expressed in the AACP. Councilman Johnson said it is the
responsibility of government to create a stable environment for its citizens, and this
ordinance is consistent with stability and the AACP. The community has expressed the
desire to grow slowly. Councilman Johnson noted this is a long standing ordinance with
no appreciable effect on property values. Councilman Johnson reiterated this is not new
legislation. Councilman Johnson stated this ordinance does not affect the renovation of
units; it affects demolition. Councilman Johnson said the community cannot afford to
lose long time housing and affordable rental properties, which is what the ordinance
seeks to preserve. Councilman Johnson said he would include option 1 in adopting this
ordinance; however, he does not favor any of the other options.
Mayor Ireland noted Council received e-mails, many of them creating the impression that
Ordinance #22 is new legislation. Mayor Ireland stated this is not new legislation but is
the recapitulation of existing legislation and adding back in exemptions. Mayor Ireland
said he feels this existing legislation has been a good thing for the community. Mayor
Ireland read from the AACP existing conditions report which says that between 2000 and
2008, an estimated 1075 Aspen areas workers who used to live in houses and
condominiums in Aspen have had to find somewhere else to live as 597 free market units
have been converted into something other than long term housing. Mayor Ireland said
the community is losing units and housing stock fo luxury and second homes. Mayor
Ireland said without multi-family replacement ordinances in place, the community would
have lost even more housing. Mayor Ireland read his response to the a-mails he received
which reiterated this is an amendment to an existing ordinance and is not new legislation.
Mayor Ireland moved to adopt Ordinance #22, Series of 2008, amending it to adopt
option 1, any development action involving demising walls or floors and ceilings that is
necessary for normal upkeep, maintenance and remodeling of adjacent multi-family units
as an addition exemption to Section 8; seconded by Councilman Johnson.
Councilman Romero reiterated he would like a work session to focus on options 3, 5 and
7.
Roll call vote; Councilmembers Johnson, yes; Skadron, yes; Romero, yes; Mayor
Ireland, yes. Motion carried.
ORDINANCE #24, SERIES OF 2008 - 508 East Cooper Street Settlement
Jim True, special counsel, said after Council denied the 508 East Cooper subdivision, the
applicants filed a lawsuit against the city, which case is being litigated. True said there
12
Regular Meeting Asaen Citv Council Seatember 22, 2008
have been settlement discussions between the applicant and the city. The initial
settlement offers included cash payments. The city wanted a "working man's baz" on the
first floor in exchange for settlement of the litigation.. The discussions were not fruitful to
have a working man's bar on the first floor but did result in a built solution with
additional residential square footage in exchange for some deed restriction.
True told Council the applicant is willing to consider deed restrictions in the basement to
create a "working man's bar" in exchange for increasing residential on the 2"d, 3'~, and 4`h
floors. The initial proposal had office space on the 2"d and 3`d floor. This proposal
converts some of the 2"d floor squaze footage to residential with additional residential
converted from deck space on the 3`d and 4`h floors. The new residential squaze footage
on this property will be 4527squaze feet in exchange for a deed restriction for 1800
square feet in the basement. There is no change in the height except a variance needed
for a guard rail on a rooftop deck. The 3`d and 4`h floor of this building will be setback
and will be consistent with adjacent buildings.
True reminded Council at first reading, Council discussed the deed restrictions on the
basement space. Since then, changes have been made to the proposed deed restrictions.
One of the primary concerns was that the city would have burdens in establishing the
rental price restrictions. The information is to come from the declarant, not the city, and
the price of food will be restricted to be based on what is charged at Bentley's at the
Wheeler, a city property, or within the lower 1/3 of what all restaurants in town charge.
If the applicant does not fill the space with a tenant, the city has ability to do its own
process to find a tenant.
True said there is a minimum of 44 weeks/year and a minimum of 11 a.m. to 11 p.m. to
be open. The restrictions for food will not apply if a brewery goes in this space, if
appropriate. Chris Bendon, community development department, noted the elevator run
is depicted on the drawings to be 49' 6" and the ordinance should be changed to reflect
that. Bendon reminded Council he was concerned at first reading about having to track
all prices of food all over town and all menus. This responsibility has been shifted to the
applicant and has been tied to Bentleys, which is much preferable to staff.
Mayor Ireland opened the public hearing.
Toni Kronberg submitted photos for the record. Ms. Kronberg said the previous concerns
have been the height and mass as well as the loss of the pedestrian amenity in the front of
the building. Ms. Kronberg noted the applicants wanted to keep the pedestrian amenity
but the HPC voted against it. Ms. Kronberg said she is concerned abut the protected open
space across the street. Ms. Kronberg said this building will throw off the historic
streetscape and will alter the look of downtown. Ms. Kronberg said the historic
guidelines address mass and height. Ms. Kronberg said this settlement may cause other
buildings in this azea to come in for higher buildings.
Pat Sagal said this is a good idea but not flushed out enough to adopt a settlement as
proposed. Sagal said the 4`h floor is a negative influence on the azea.
13
Regular Meeting Aspen Citv Council September 22, 2008
Mayor Ireland closed the public hearing.
Councilman Romero said he has read the settlement and declaration of covenants and his
concerns from first reading have been addressed. Councilman Skadron said he supports
this and his intention in pushing this settlement is to maintain some vitality to this area
and to try and retain locally serving commercial business. Councilman Johnson said this
settlement is an attempt to preserve the Cooper Street Pier in a way that it exists today,
give the applicants what is valuable to them -residential FAR, in exchange for a locally
serving business. Councilman Johnson said he feels the city is giving away too much in
exchange for too little. Councilman Johnson said if the Cooper Street Pier closed, it
would be a huge loss to the community. Councilman Johnson said he would like the
applicants to honor the existing Cooper Street lease until the project is started. Mayor
Ireland said this solution is a compromise and both sides would have liked something
more for them. Mayor Ireland said he appreciates the applicant working with the city on
a settlement.
Councilman Romero moved to adopt Ordinance #24, Series of 2008, on second reading;
seconded by Councilman Skadron.
Dave Lenyo, representing the applicants, told Council they cannot commit at this point to
the continued viability of the Cooper Street Pier operation. Mayor Ireland said it would
be appreciated if this business can operate as long as possible. Lenyo noted the current
owners have kept the business there throughout this process, in large part to the
landlord's willingness to keep this space operating.
Roll call vote; Councilmembers Johnson, yes; Romero, yes; Skadron, yes; Mayor Ireland,
yes. Motion carried.
1005 WATERS AVENUE ORDINANCE #48 NEGOTATION
Councilman Johnson recused himself as he lives within 300 feet of the property. Jim
True, special counsel, said the issue is whether Council wants to continue to try to
negotiate historic designation. Mayor Ireland said if the applicants do not want to
negotiate, he is not interested. True said the city has not come up with anything that is of
interest to the applicant. HPC was split on whether the negotiations should be continued.
Mayor Ireland moved to terminate under Ordinance #48; seconded by Councilman
Skadron. All in favor, motion carried.
Councilman Romero moved to adjourn at 10:30; seconded by Councilman Skadron. All
in favor, motion carried. ~ ~
/~~ - %~--
Kathr S. Koch, City Clerk
14
Special MeetinE Aspen City Council October 17, 2008
Mayor Ireland called the meeting to order at 10:14 a.m. with Councihnembers Romero,
Skadron and Johnson present.
SELECTION OF COUNCILMEMBER
Councilman Johnson said he feels this process was preferable to that used in eazly 2007.
It seemed to be more intellectually based. Councilman Johnson noted he liked the
written question aspect of it. Councilman Johnson said the quality of all the candidates
was very high. Councilman Romero agreed about the quality of the candidates.
Councilman Romero said he was impressed with applicants and their demonstration and
approach to issues and problem solving; their discussion of consensus and interpretation
of the role of Council and of individual members.
Councilman Skadron agreed about the quality of the candidates and the hardest decisions
aze made between good options. Councilman Skadron said any of the five finalists would
benefit the community if they were appointed to Council. Each of the candidates has
strengths. Mayor Ireland said all the candidates are highly qualified and he hopes the
candidates will consider running for office or offering to serve the community in some
way. Mayor Ireland noted this is a difficult choice. Mayor Ireland said he appreciates
the sincerity with which council undertook this task.
Council voted. by paper ballot. City Clerk Kathryn Koch announced Jackie Kasabach the
next Council member.
Mayor Ireland moved to appoint Jackie Kasabach and the new Council member to fill the
vacancy left by the death of J. E. DeVilbiss; seconded by Councilman Johnson. All in
favor, motion carried.
Councilman Romero moved to adjourn at 10:24 a.m.; seconded by Councilman Johnson.
All in favor, motion carried.
-- ~~~~
Kathry .Koch, City Clerk