HomeMy WebLinkAboutminutes.council.20130909Regular Meeting Aspen City Council September 9, 2013
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PROCLAMATION – Celebrating 30 years of Wheeler Associates ............................................... 2
CITIZEN COMMENTS ................................................................................................................. 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 3
ORDINANCE #36, SERIES OF 2013 – Code Amendment – PUD/SPA ...................................... 3
ORDINANCE #37, SERIES OF 2013 – Code Amendment - Subdivision .................................... 3
ORDINANCE #33, SERIES OF 2013 – 300 W. Main Subdivision Amendment ......................... 5
ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review ................................ 6
ORDINANCE #34, SERIES OF 2013 – 700 Ute Avenue Aspen Alps PUD/Subdivision ............ 8
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street PUD .................................................... 11
Regular Meeting Aspen City Council September 9, 2013
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Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins,
Romero and Daily present.
PROCLAMATION – Celebrating 30 years of Wheeler Associates
Mayor Skadron and Council proclaimed September 9th as Wheeler Associates Day in honor of
their 30 years of support and collaboration with the Wheeler Opera House. Rodney Jacobs,
president of the Wheeler Associates, introduced the Board and outlined some of the items
purchased for the Wheeler in the past 30 years. Jacobs noted culture creates community and
communities last for generations. Jacobs presented Council with a check for $65,000 to be used
for purchasing seats in the renovated balcony of the Wheeler Opera House. Jacobs asked that
Council remember the roll of the Grande Dame of Aspen, the Wheeler Opera House and its
partner the Wheeler Associates.
CITIZEN COMMENTS
1. Dan Kitchen urged Council to adopt an ordinance that no dogs should go into businesses
in town in order to protect citizens like him.
2. John Olsen noted restaurants could help with the noise issue by not dumping all their
cans and bottles into the dumpster at 1 or 2 a.m. There are ways to mitigate that issue.
3. Justin Pilotte, Square Grouper, told Council their restaurant and over Easy and the
Brewery are all owned and operated by locals. Pilotte said they would like to have a local’s
appreciation day set aside for people who live and work here. Chris Bendon, community
development department, suggested this might work well with the end of season sidewalk sales
weekend. Council suggested Pilotte meet with community development to see what could be
worked out.
COUNCILMEMBER COMMENTS
1. Councilman Frisch said Mac ‘n’ cheese was a great event and congratulated Keith Bulicz
for putting it together. Councilman Frisch said the Motherlode volleyball tournament was also a
good event and hopes the organizer can work with the city on funding.
2. Councilwoman Mullins said the citizen comments were all good and merit more
attention.
3. Mayor Skadron thanked the public who came and commented on the bike race. Mayor
Skadron noted public input is helpful to Council when they are making decisions on items of
concern to the public.
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4. Mayor Skadron congratulated Rustique for winning the Mac’n’cheese event for the 3rd
years. Mayor Skadron concurred about the Motherlode volley ball tournament.
5. Mayor Skadron noted Ruggerfest is this weekend. Mayor Skadron thanked the Wheeler
Associates for their generous gift.
6. Mayor Skadron reported at the ACRA board meeting, they discussed the bike race and
the general support for the event in the community. Warren Klug is working on immigration and
will meet with Representative Scott Tipton.
7. At the CAST meeting in Crested Butte, the board heard about a nest egg fund for children
who lost a parent to an avalanche; heard from a group urging the use of more plastic bags, heard
about the need for increased funding for transportation infrastructure and discussed the role of
marijuana regulations.
CONSENT CALENDAR
Councilman Romero moved to adopt the consent calendar; seconded by Councilman Frisch.
The consent calendar is:
Resolution #85, 2013 - Fleet Replacement of Wheel Loaders
Resolution # 83, 2013 - Utility Vehicle Purchase
Minutes of August 26, 2013
Councilman Frisch suggested the $25,000, at which contracts need Council approval, should be
increased to $50,000 or should be indexed. Steve Barwick, city manager, suggested Council
discuss this during the budget sessions.
All in favor, motion carried.
ORDINANCE #36, SERIES OF 2013 – Code Amendment – PUD/SPA
ORDINANCE #37, SERIES OF 2013 – Code Amendment - Subdivision
Jessica Garrow, community development department, told Council staff has proposed 3 code
amendments which should all be adopted together; this, Ordinance #37 and a code amendment
on development documents, which has not yet been presented to Council. Ms. Garrow pointed
out this code amendment combines PUD and SPA into one chapter and everything will be called
a planned unit development. Ms. Garrow said this changes the process so that the conceptual
review is binding; it is a 3-step rather than a 4-step process. Conceptual will be reviewed by
P&Z and Council and final will be just P&Z. Conceptual will establish dimensions and uses
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allowed in a PUD and any changes on height, floor area or the uses between Council’s
conceptual approval and final will require the application to go back to Council.
Chris Bendon, community development department, noted Ordinance #37 deals with subdivision
and is a re-write of that chapter in the code and addresses some streamlining. Bendon pointed
out currently anything that triggers subdivision needs to go through a whole subdivision review.
This code amendment designates some lesser processes for smaller projects. The code
amendment includes a new section for amending and vacating dedicated rights-of-way, which
did not exist. The amendment allows for ways to amend an existing subdivision to unwind some
previous approvals that may have unnecessary conditions.
Councilwoman Mullins asked if SPA will be deleted or integrated into PUD. Ms. Garrow said
SPA will be combined with PUD and SPA criteria added to PUDs. Councilwoman Mullins
asked about reviews to HPC and will Council see those projects. Ms. Garrow said projects in
historic districts or that are designated historic, the applicant will have the option of
consolidating with HPC’s design review. Councilwoman Mullins asked if slope reduction is
being eliminated. Ms. Garrow said this will apply across the community not just in PUDs.
Councilman Romero asked about the public outreach. Ms. Garrow said there was public
outreach before the policy resolution was addressed at Council. Staff also presented these
amendments to P&Z and to private development community. Staff has gotten feedback from the
development community and will continue this process. Councilman Daily said he finds this
thoughtful and focused and he appreciates the time and effort the staff has put into this.
Councilman Frisch agreed and said this is another way of operational excellence and efficiency
at city hall and has nothing to do with the stringent criteria one needs to meet to get approval,
and that should remain.
Mayor Skadron said the point is to conduct the debate at conceptual rather than at final review.
Mayor Skadron said he wants to make sure the appropriate degree of control over development
applications is exercised by Council. Bendon pointed out this is to insure clarity and resolution
over difficult issues is reached earlier in the process. Mayor Skadron asked where the public
participation will be in this revised process. Ms. Garrow said it will be the same, it will be at
conceptual which is the binding review, then at final, which is the detailed review. Mayor
Skadron requested staff detail the suggestions and comments of P&Z along with those of the
development community in order to see the two perspectives. Mayor Skadron said he agrees
with P&Z that minimum lot size should remain and he would like that discussed at second
reading.
Councilman Frisch moved to read Ordinance #36, Series of 2013; seconded by Councilman
Daily. All in favor, motion carried.
ORDINANCE No. 36
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE
CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
SECTIONS:
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26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS – SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.B, COMMUNITY DEVELOPMENT DEPARTMENT – JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION – POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES – INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION-MAKING
BODIES – REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW – REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.110.A, GROWTH MANAGEMENT REVIEW PROCEDURES – GENERAL;
26.510.020, SIGNS – APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT; AND
26.710.230, ZONE DISTRICTS – ACADEMIC.
Councilman Romero moved to adopt Ordinance #36, Series of 2013, on first reading; seconded
by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Romero,
yes; Frisch, yes; Mayor Skadron, yes. Motion carried.
Councilman Romero moved to read Ordinance #37, Series of 2013; seconded by Councilman
Daily. All in favor, motion carried.
ORDINANCE No. _37__
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.480 – SUBDIVISION AND SECTION 26.104.100 – DEFINTIONS, OF THE
CITY OF ASPEN LAND USE CODE.
Councilman Romero moved to adopt Ordinance #37, Series of 2013, on first reading; seconded
by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Daily, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #33, SERIES OF 2013 – 300 W. Main Subdivision Amendment
Justin Barker, community development department, told Council this is a historically designated
property with a historic cabin and an added residence. Barker said in the 1980’s the owners
wanted to convert the cabin into a restaurant and add a residence. The office zoning did not
allow a restaurant use unless it was a historic landmark property and as a conditional use. P&Z
reviewed the conditional use and there were concerns about employee mitigation. Barker told
Council the code under which this project was reviewed did not require mitigation for historic
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landmarks. During historic designation of the property, Council placed an occupancy restriction
on the residence to be accessory to the restaurant use both in the ordinance and in covenants.
Barker noted the restaurant has not been in operation for over 20 years. The applicants are
requesting the condition regarding occupancy be removed and the covenants released. Barker
pointed out there are no review criteria for this type of amendment. Barker said staff finds the
condition was a response to concerns at the time and are not valid anymore. The property is now
zoned mixed use which allows for residences or restaurants by right.
Alan Richman, representing the applicant, reiterated this property was designated as a landmark
because at the time the office zone district only allowed a restaurant as a conditional use and
only in a landmark. The owner’s objective was to turn the cabin into a restaurant and that
conversion was what triggered the conditions. The applicants wanted to build a residence at the
back so they could live on the property. Richman said at that time, principle uses were allowed
and everything else had to be accessory uses.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to adopt Ordinance #33, Series of 2013, on second reading;
seconded by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Frisch, yes;
Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review
Councilwoman Mullins was recused. Sara Adams, community development department,
reminded Council this application is for the redevelopment of 420 East Hyman, to demolish the
existing building and reconstruct a new 3-story mixed use building to include commercial, free
market residential and affordable housing uses. Ms. Adams noted at the last public hearing there
were some concerns that the project did not meet the subdivision criteria regarding compatibility
with the downtown commercial core and the approval of the mixed use project could adversely
affect land uses in the area. Ms. Adams said the issue was with the penthouse. The applicant
and the city attorney’s office collaborated on language in the ordinance requiring a covenant,
which will be recorded, and a list of acknowledgements of the commercial core zone, possible
noises and hours of operation of commercial uses. This covenant will state the owner will not
interfere with uses that are lawfully permitted in the CC zone district. The city will be party to
the covenant, which cannot be changed without city approval. Ms. Adams told Council the
applicant is requesting 5 years of vested rights instead of the state statute for 3 years. Ms. Adams
said staff does not feel the applicant has demonstrated a public benefit for longer vesting. This
application was submitted before the code changes, which is why there is a penthouse in the
application. Councilman Daily said the covenant is a worthy effort; it can only go so far.
Charles Cunniffe, representing the applicant, told Council the reason for the vesting request is
some existing leases that would go beyond the 3 years that they would prefer to keep the existing
businesses. John Martin, applicant, said he feels an important role of a property owner is to look
after one’s tenants. Martin said since the recession, tenants in Aspen have had hard times and
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Martin’s tenants have told him this is the first summer business is back to normal and he would
like to allow them time to build up their businesses.
Mayor Skadron said he does not support allowing extension of vested rights; this raises question
of intent of the developer and the possibility of selling the property after approval. Martin told
Council he keeps his projects as a long term owner. Martin told Council the bakery owners have
a two-year lease and have worked very hard to make their business successful and he would like
to be able to give them a longer lease.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Mayor Skadron said the issues are the development and the impact it has on the area and the
vested rights request. Councilman Frisch stated he supports liveliness downtown and free
market residences downtown and economically it helps the town. Councilman Daily said he
liked the applicant’s attitude toward agreeing to this covenant. Councilman Daily noted it is up
to Council to work on the noise issue in the commercial core. Councilman Romero pointed out
the resort operations covenants at locations like Aspen Highlands or Snowmass, which is similar
to the “no complaint”, the signor acknowledges they are buying in locations with noise and
smells and activity. Councilman Romero said he feels the covenant is appropriate and hopes it
goes towards mitigating conflicts. Councilman Romero said he would prefer to stay with 3 year
vesting.
Council Frisch stated he supports staying with 3 years vested rights. If there are issues with the
tenants at this particular building, the applicant can come back and request an extension of vested
rights. Mayor Skadron stated the covenant does not guarantee the requisite compatibility
between the uses in the building and land uses in the area nor is he persuaded that this ordinance
guarantees that there will not be conflict that adversely affects the vitality of the downtown.
Mayor Skadron said this application is under the previous code and has to meet the subdivision
standards. Mayor Skadron said this application does not meet the standard of consistency of
character of the existing land uses in the area and adversely affecting future development in
surrounding areas. Mayor Skadron stated there is evidence that mixed uses do not work.
Councilman Daily asked if there is further review on this project. Ms. Adams said the design
review goes to HPC. Councilman Daily said he has a concern about the appearance of the
proposed building and its consistency and compatibility with the rest of the block. This design is
a different look and stands out; the other buildings have separating features. Councilman Daily
said he would like the building made more compatible in the block. Cunniffe noted the building
is intended to be different yet still be compatible. The building does have divisions, the same
rhythm of the other buildings but lighter and more delicate. Cunniffe told Council more than
half the buildings on this block have living units in them. This building is lower than some
buildings around it. The project is replacing existing uses; it has 3 free market residences
currently which will be turned into one. The project is replacing the other two free markets with
3 affordable housing units, which is an improvement over what currently exists on this site.
Cunniffe agreed that people living in town is essential to the vitality of Aspen.
Ms. Adams said if this project is approved, it goes to HPC for final review. HPC looks at
materials, windows, solid to void ratio and architectural details. The ordinance has a section that
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requires Council to see the project for possible call up after final review by HPC. In the call up,
Council can uphold HPC’s decision or remand their decision to HPC with direction. Mayor
Skadron reiterated this is the commercial core, which is an important part of the commercial
economy, including entertainment, and allowable commercial uses in the vicinity of this
application and an exclusive penthouse in a mixed use building is not compatible with the
neighborhood. Mayor Skadron said the residential component would, by its nature, limit future
uses of the first floor and basement.
Councilman Romero moved to adopt Ordinance #27, Series of 2013, on second reading;
seconded by Councilman Daily. Roll call vote; Councilmembers Frisch, yes; Daily, yes;
Romero, yes; Mayor Skadron, no. Motion carried.
ORDINANCE #34, SERIES OF 2013 – 700 Ute Avenue Aspen Alps PUD/Subdivision
Councilman Daily was recused. Jessica Garrow, community development department, said this
request is for a PUD, rezoning and subdivision review; no new development is proposed. The
applicant is requesting that the existing conditions are permitted through a PUD. There are non-
conformities with all of the buildings at the Aspen Alps. There are 8 parcels at the Alps; 6 are
developed and 2 are vacant, and there is a total of 8 buildings. The property is zoned lodge and
portions of the property have a PUD overlay. Ms. Garrow told Council the Aspen Alps is the
first condominium complex in Colorado; the legal descriptions are based off old maps. The Alps
has never gone through a formal subdivision process. The buildings were developed between
1962 and 1973; the Winter building was built in 2002 and established a partial PUD. There are
73 free market residential units which are in the short term rental pool. The applicant is
requesting to memorialize the existing development with one PUD. The buildings were
constructed in compliance with zoning at the time and over time, the buildings no longer comply
and are non-conforming.
Ms. Garrow pointed out when the PUD was adopted for the Winter building, it was intended to
be for the entire property; however, because the way the ordinance was written, it did not
happen. This ordinance is to rezone the entire property with a PUD overlay and retain the
underlying lodge zoning. Ms. Garrow said the application meets all applicable review criteria
for rezoning and subdivision. Ms. Garrow told Council the city gains some benefits through a
PUD designation. It establishes a baseline for all dimensional data for the units and buildings.
For Alps owners, it will be easier to go through upgrades and remodels. The application will
ensure utility lines are located within recorded easements. The application supports the city’s
general goals of maintaining the existing lodging base by allowing the buildings to go through
normal maintenance and upgrades without going through the non-conforming review process.
Ms. Garrow said all Alps buildings have at least one non-conforming aspect, one of which is unit
size. One cannot go through redevelopment or extensive update with a non-conforming unit.
Ms. Garrow said replacing roofs or sidings at the Alps would require going through a special
review land use process. If this PUD were approved, one could get a building permit to replace
what exist now.
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Councilman Frisch noted the Alps is one of the city’s most important lodging locations and the
current demand for lodge units does not match what was built in the 1960’s and 1970’s.
Councilwoman Mullins said she reviewed P&Z’s comments; however, she feels it is a mistake
for projects to wait for Council’s decision on changes to the lodging program. Councilman
Romero agreed.
John Corcoran, manager Aspen Alps, said the Alps is a visible legacy property in Aspen started
in 1962. The Alps has started long range planning and a PUD would give the Alps owners
predictability to move forward. Corcoran noted some of the Alps buildings were built over 50
years ago; standards of rental and ownership units have increased and the aging infrastructure
makes things more difficult. Corcoran told Council the Alps board began discussions about
long range planning 3 years ago, looking at what the Alps should look like in 5 or 10 years. A
long range planning committee was formed with owners from every building. Corcoran pointed
out long range discussions touch on people’s financial and emotion boundaries and the
conversations can be difficult.
Corcoran outlined in the 18 months, 6 letters have been sent to owners about the long range
planning efforts and owners have attended Board meetings and long range planning committee
meetings. At the annual meeting in July, the long range planning committee made a presentation
outlining the cost of repair and maintenance and potential alternatives. Corcoran told Council at
the most recent Board election, the entire Board except 1 was re-elected. Corcoran said the
record has letters of support from homeowners. Corcoran stated a PUD overlay would give the
homeowners more regulatory certainty.
Sunny Vann, representing the applicants, reiterated all of the Alps buildings are non-conforming
with respect to one or more dimensional requirements of the lodge zone. All of the buildings
contain more dwelling units than are allowed under lodge zoning and are considered non-
conforming structures. Vann noted there have been zoning changes in the last 50 years including
when the city disincentivized multi-family units in the lodge zone district by substantially
reducing dimensional requirements for those types of units. Vann pointed out under current
dimensions in the lodge zone, the Alps could not be built today.
Vann reminded Council one can replace a non-conforming structure if it is unwillfully destroyed
to what was existing. If a non-conforming structure is willfully destroyed, the replacement
structure has to comply with underlying zoning or the owner has to go to P&Z for special review.
Vann said any plans for remodeling at the Alps would require special review approval at P&Z to
build the buildings back with the same height, density, floor area and parking. Vann told
Council the special review and non-conforming regulations are not well suited to addressing
properties with extensive non-conformities. The regulations state no existing non-conformities
can be increased and non-conforming structure can be moved unless brought into compliance.
Vann noted P&Z’s approval is discretionary and the criteria result in a building similar to what is
there.
Vann said the applicants feel the proposed PUD overlay is the best vehicle to facilitate retention
and upgrade of the buildings. The PUD will memorialize the existing buildings and their
dimensional requirements and effectively eliminate the non-conformities and the assurance that
the buildings can be replaced with the existing non-conformities. Vann stated the benefit to the
city is the likelihood of retaining a valuable community asset and an appropriate review process
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for any proposed enhancements. Vann said approving this will retain the city’s review over any
development proposal from the Aspen Alps.
DeFrancia told Council modest improvements to windows or doors or railing could be affected
with the existing conditions. Any more substantial improvements would not be allowed as
expanding a non-conforming use. DeFrancia said this approval will formally subdivide the
property and the city can address the property as a whole as opposed to building by building.
DeFrancia noted this application supports the city’s goals of trying to address aging inventory
and the owner’s efforts in dealing with an aging inventory.
Councilman Romero asked if there are any plans for the vacant land that is part of the Aspen
Alps. Vann said the vacant land is encumbered with restrictions that were part of the prior
approvals and most of the vacant land is slopes. DeFrancia told Council there are no plans for
the property; the Alps thought this had to be completed first. Councilman Frisch said he is
supportive of a simple path forward for the Alps and there would be review any development
application when it is in front of Council. Mayor Skadron asked the possibility of the applicants
asking for a different or larger footprint than exists. Vann said under current regulations, the
non-conformity cannot be expanded, it can be maintained. If this ordinance were to be approved,
the applicants could not change the building without a PUD amendment approval. Mayor
Skadron asked if this ordinance is approved, what benefits would the Alps owners gain. Vann
said there would be no entitlements, the owners have what is there today, which they could
replace with special review. Approving this ordinance removes an impediment from upgrading
the existing buildings.
Moses Levowitz, Alps Board, told Council the board has been working hard to gain consensus
from the owners. Levowitz pointed out CIOWA requires a 2/3 majority. Levowitz reiterated
that all board members except one were re-elected and the board members are elected from their
respective buildings. Levowitz stated one of the Board’s responsibilities is to preserve and
enhance the assets at the Alps. Mayor Skadron asked if this might not create an undue burden on
some of the homeowners. DeFrancia reiterated any actions of the Board have to comply with
CIOWA, independent of this approval. Levowitz said all homeowners will have to participate in
appropriate repairs to any structure that needs attention. Ms. Garrow said establishing this PUD
would create a baseline of where to start in any application. Any application would go through a
lengthy review process.
Mayor Skadron opened the public hearing.
Connie Harvey, Alps owner, said the board has spent $600,000 of capital reserve funds creating
the land use application. Ms. Harvey said she feels the easements can be fixed without this
ordinance. The buildings are not in dire shape nor are they falling down. Ms. Harvey pointed
out P&Z did not think it was necessary to approve this application. Ms. Harvey said the
communications with the board have not been extensive.
Debbie Quinn, assistant city attorney, pointed out staff presented the issues Council needs to
address associated with the PUD approval and issues among homeowners and their board are not
within the purview of the standards Council needs to apply. DeFrancia pointed out no capital
reserves were used for this application. Michael Marek, 100 building agreed this is a
complicated and difficult issue for all the homeowners. The general homeowners meeting was 6
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hours long, it was contentious and there was disagreement. Marek said the major issue is the
undercurrent of demolishing and rebuilding the project. This approval would grease the wheels
for redevelopment. There are major concerns about costs and displacement. Sue Gaines, 800
building, said she does not want to see her home destroyed and rebuilt. The PUD is the first step
in a rebuilding process. Ms. Gaines said she does not want the Alps to turn into a hotel. Ms.
Gaines stated this application has caused alarm among the owners; there may be a loss of
income. There will be a loss of bed space for the city during reconstruction.
Mayor Skadron closed the public hearing.
DeFrancia agreed the Aspen is not falling down; it is, however, over 50 years old. This is long
range planning and establishes a PUD for the Alps. There are no other plans. Ms. Garrow said
no matter the outcome, any activity will require a land use process and review. The PUD
enables staff to understand what is there and what could happen on the site. The PUD does not
propose any development; any new development will require a land use review process.
Councilman Romero said he like the idea of a pathway to make code enhancements or
improvements and this is a good idea and is aligned with the city’s lodge incentives.
Councilwoman Mullins said she sees this as a needed simplification and predictability of the
process and a tool for long range planning, a step toward more consistency. Councilwoman
Mullins noted there is anxiety from some homeowners on the future; however, any change would
still be reviewed thoroughly by the city.
Councilman Frisch said this would give increase in ability for Council and for the community
and the homeowners to examine any plans. Councilman Frisch noted the rights of the minority
will not be made any worse by cleaning up the technical aspect of the city’s land use code.
Councilman Frisch stated he is supportive of this application. Mayor Skadron asked if the P&Z
weighed this application against the criteria in the land use code. Ms. Garrow said the findings
in the resolution are based on the applicable review criteria. Ms. Quinn told Council the P&Z
applied specific criteria and one has to look at the record as a whole. Bendon said if staff felt the
review by P&Z was invalid, this would be a different conversation.
Councilman Frisch moved to adopt Ordinance #34, Series of 2013, on second reading; seconded
by Councilman Romero. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Romero,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street PUD
Chris Bendon, community development director, reminded Council over the past 10 years there
have been several efforts to develop a lodge on this site. There is an approved townhouse
development for this site. At the last review, Council requested the applicant restudy the site
plan to better orient the buildings to south Aspen street and the programming to look at
increasing the number of affordable units on site; the original approval housed 46 FTEs on site
and this proposal has 42 FTEs on site. The applicant would like to know if this proposal is
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heading in a direction Council might approve before doing any more detailed plans and getting
referral comments.
David Parker, representing the applicants, reminded Council the applicants felt the originally
approved plan did not respond to changes in the neighborhood that had significant impacts on
this project. Parker showed a slide of the site as it exists now and the South Aspen street right-
of-way; a slide of the 2004 approval and the South Aspen street right-of-way; a slide showing the
Lift One project, which moves 37 feet into the right-of-way towards this project. The applicant
felt that approval was a significant impact on the neighborhood and their project, there were big
retaining walls, and the parking on the street is eliminated. Parker showed a slide of the
proposed redesign which moved the buildings off the street, added a turn off for emergency and
delivery vehicles, added green space, changed the drainage and grading. Council’s comments
about this proposal were that the plan was not oriented rectilinearly and did not respect the street
grid, 3 curb cuts was too many, they wanted more density and more affordable housing.
Parker showed the most recent iteration of the plan, eliminating the loop drive, going back to one
curb cut, pushing the upper units towards the street, making the buildings more parallel to the
street, and increasing the density by adding two affordable housing buildings. Parker presented a
slide showing the 3 affordable housing buildings. Parker told Council the 2004 plan had 17
affordable housing units on site, housing 46 FTEs. The 2011 plan had 10 affordable housing
units on site, housing 18 FTEs with off-site housing for 28 FTEs. This revised plan proposes 22
units on site housing 42 FTEs with off-site housing for 4 FTEs.
Bendon said staff feels this is heading in the right direction and favors bringing more density to
the site. This proposal has a better relationship to South Aspen street. Bendon said if Council
agrees this is going the right direction, the applicant should provide some additional scale
drawings with more detail, a better understanding of the topography and grading of the site and
how this compares to the former project, calculations for floor area, net livable and height and a
height map, a better understanding of the boundary with the Juan street affordable housing, the
livability with the affordable housing units. Bendon noted there are some options in the proposal
for the affordable housing. In the past, affordable housing units entirely below grade have not
been acceptable. The discussion about livability of the affordable housing could lead to a
reduction in the number of housing units. Council should discuss how the affordable housing
units integrate into the neighborhood. Bendon said the proposed plan with answers to the above
questions should be sent to the referral agencies, especially housing, engineering and the fire
departments.
Councilwoman Mullins said this proposal addresses most of her concerns, reorienting the
buildings to address the street, fewer curb cuts, the open space looks more usable and a better
sequence. Councilwoman Mullins said she would like to discuss the quality of the affordable
housing and favors eliminating the garden level and decreasing the number of units from 22 to
19. Councilwoman Mullins said the drive appears to be predominant which might be soften in
more design details.
Councilman Frisch said he favored moving affordable housing off site rather than cramming a lot
of units on this site. Councilman Frisch said he likes the reduced number of curb cuts and the
reorientation to the streets. Councilman Frisch said he would like to increase the livability of the
affordable housing. Councilman Daily said he does not have enough information to assess the
Regular Meeting Aspen City Council September 9, 2013
13
livability of the affordable housing units, the features and what it will be like to live there.
Councilman Daily stated he prefers most of the affordable housing on site. Councilman Daily
said he would like drawings or something to give a better feel of how the project will seem when
walking by or in it. Councilman Daily said the architecture seems a little boxy, which may
change with more detail. Councilman Daily said there is improvement in this presentation and
he feels it is going the right way. Councilman Daily reiterated he favors more employees on site
but not at the expense of livability.
Councilman Romero stated he likes that this is more respectful of the grid and eliminates some
curb cuts. Councilman Romero said he does not favor density for density sake, there are
alternatives for the affordable housing. Councilman Romero stated he could support some more
affordable housing on site but not going above height limits or negative impacts to the area.
Mayor Skadron said he appreciates the added employee units, the fewer curb cuts, and the
relationship to the grid. Mayor Skadron stated more affordable housing on site is better for the
community and for this project. Affordable housing creates vitality which equates to
community. The only vibrancy of this project will be the affordable housing units and this site
should have a degree of liveliness. Mayor Skadron said he would support lessening the impact
of the Juan street housing
Mayor Skadron opened the public hearing.
Tony Imhoff, Lift One condominiums, told Council he and his condominium owners have been
participating in this process and working with applicant who has been respectful of the
community. Imhoff said regarding livability, it is better to have the affordable housing units off
site and they would support the lesser density on site. Derek Johnson, Juan Street housing, noted
the approved plan has the affordable housing 2.5” off the decks of Juan street, which 22 has
residences including 10 children. Johnson stated that plan would greatly affect their quality of
life. Johnson said both COWOPs and the interim plan recognized there should be some green
space between Juan street and the new development. Johnson urged Council to approve
something that will work for Juan street and the developers.
Mayor Skadron closed the public hearing.
Bendon suggested the applicants submit additional and more detailed information so that staff
and the referral agencies can come back with a recommendation and an ordinance for Council to
adopt or not. Councilman Frisch said he can approve most of the options; however, he would
rather see the housing off-site rather than crammed on site. This will not stop him from
approving a project. Councilman Frisch said all of Council agrees on fewer curb cuts, better
relationship with the grid, wants more information on the topography. Some number of housing
units can be agreed upon.
Council agreed there is flexibility with the number of affordable housing on site, somewhere
between 17 and 22 on site and that they would like to see as much space between this project and
Juan street. Councilwoman Mullins said the affordable housing will add vitality to the site.
Councilwoman Mullins said she would prefer the garden level units be eliminated and could
support fewer than 22 on site to accomplish that. Bendon said information on space between this
project and Juan street should include the character of that space and suggested it might be a
usable space for both projects.
Regular Meeting Aspen City Council September 9, 2013
14
Councilman Daily moved to continue Ordinance #23, Series of 2013, to October 28, 2013;
seconded by Councilman Frisch. All in favor, motion carried.
Councilman Romero moved to go into executive session at 10:15 p.m. pursuant to C.R.S. 24-6-
402(4)(e) Determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators; seconded by Councilwoman
Mullins. All in favor, motion carried.
Councilman Daily moved to come out of executive session at 10:40 p.m.; seconded by
Councilwoman Mullins. All in favor, motion carried.
Councilman Romero moved to adjourn at 10:40 p.m.; seconded by Councilwoman Mullins. All
in favor, motion carried.
Kathryn Koch
City Clerk