HomeMy WebLinkAboutminutes.council.20140609Regular Meeting Aspen City Council June 9, 2014
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CITIZEN COMMENTS AND PETITION ..................................................................................... 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
BOARD REPORTS ........................................................................................................................ 2
CONSENT CALENDAR ............................................................................................................... 3
□ Resolution #72, Series of 2014 – Contract Change Order Galena Plaza Design ................ 3
Ordinance #16, Series of 2014- Yield at Stop Sign Law for Bikes ................................................ 3
Ordinance #17, Series of 2014 – Mixed Use Zone District Code Amendment .............................. 3
Ordinance #18, Series of 2014- 120 Red Mountain Road – AspenModern Voluntary Designation
......................................................................................................................................................... 4
Resolution #71, Series of 2014- TDR Code Amendment – Policy Resolution .............................. 5
Ordinance #15, Series of 2014 – Noise Ordinance Revisions ........................................................ 6
Ordinance #11, Series of 2014 – St. Regis- Minor PD Amendment .............................................. 7
Resolution#70, Series of 2014 – HUBAspen Temporary Use – 557 North Mill Street ................. 7
Resolution #64, Series of 2014 – Lodge Incentive Program Code Amendment – Policy
Resolution ....................................................................................................................................... 7
Regular Meeting Aspen City Council June 9, 2014
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Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins and Daily
present. Councilman Romero arrived late.
CITIZEN COMMENTS AND PETITION
1. Timothy Murray who lives at 1275 Riverside Drive voiced his concern over construction in his
neighborhood. He said the projects are taking years to complete and suggested laws pertaining to
numbers of days of construction, environmental reviews and impact to neighbors be considered.
2. Dick Butera told the Council five years ago the water department, who has an easement across his
property, brought pipe and heavy equipment to install with the purpose of getting more water
from Castle Creek. He said regarding the hydro it can be agreed that 10 million dollars have been
spent and it is still not the end of it. He said the 2.8 million dollars from the debt service on the
2007 bond is not included in the total as well as the legal fees from the FERC application and the
citizen law suit. Mr. Butera said these items are an additional four million taking the 10 million
project to 14 million. He said to keep spending money is not right and asked Council to have an
outside audit of the entire project conducted.
COUNCILMEMBER COMMENTS
1. Councilwoman Mullins thanked the City Green Team for helping with the kids’ garden at the
Yellow Brick.
2. Councilwoman Mullins said there is an opening at the Red Brick that has a food theme and seeing
the exhibit is worthwhile.
3. Councilwoman Mullins also said she went to Salida to look at the renovated steam plant that is a
community/event center and it brought to mind the Old Power House property.
4. Councilwoman Mullins said she hiked in the burn area near Creed and it reinforced that we don’t
want that for Aspen.
5. Councilwoman Mullins attended the completion of the Tri-County hydro project in Ridgeway
where they thanked the City of Aspen for their participation in the project
6. Mayor Skadron expressed his condolences to the families of Gunilla Asher and Lani Shaw.
7. Mayor Skadron thanked the participants of the Old Power House discussion and said we have lots
of options.
8. Mayor Skadron said the flowers are out and it’s a great time to hit the trails.
BOARD REPORTS
1. Councilwoman Mullins attended the POD meeting where they hosted a panel discussion on the
immigrant community. She also said they are working on the grant applications.
2. Mayor Skadron said he attended the I 70 Coalition meeting where they discussed the traffic issues
and will continue to work on a solution.
Regular Meeting Aspen City Council June 9, 2014
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CONSENT CALENDAR
Mayor Skadron pulled the contract change order for Galena plaza from the consent calendar. Councilman
Frisch asked how the City is dealing financially with the neighbors changing their mind. John Latch,
asset department, said it has been challenging and we need to move with the schedule of the library. He
said there are some items with direct cost impacts that we will try to share with them. Mr. Latch said the
demolition will begin this fall.
Councilwoman Mullins asked what the construction budget and design fees are. Mr. Latch said the
design fee total is around 400,000 dollars and the total budget is 4.4 million. He said the ratio of design
fees to construction will be on the high side.
Mayor Skadron asked how many councils this project has come before. Mr. Latch replied two including
a recession and a failed library vote.
Councilman Frisch made a motion to adopt the consent calendar, seconded by Councilwoman Mullins.
All in favor, motion carried.
□ Resolution #72, Series of 2014 – Contract Change Order Galena Plaza Design
Ordinance #16, Series of 2014- Yield at Stop Sign Law for Bikes
Scott Miller, asset department, and Richard Pryor, police chief, told the Council they have been talking
about this for a few years. Mr. Miller said some of the benefits of this will be a reduction in bicycle
related injuries, encourage more bicycle use and takes away some of the uncertainty of bike/vehicle
encounters at intersections. Mr. Pryor said they did a survey at Hunter and Durant where 1000 bikes went
through and an insignificant number stopped at the stop sign. He said the cyclist expectation at
intersections is not to stop where the vehicle is expected to stop. He said this ordinance is not about
flying through intersections but to yield.
Councilwoman Mullins said she would like to see more information from the report added to the memo
for second reading to make it stronger and more convincing.
Councilman Romero said he is supportive of the direction.
Councilman Frisch said he is also supportive but wants to make sure it is a yield directive.
Mayor Skadron said making eye contact with the drivers in the car is the key.
Councilman Daily moved to read Ordinance #16; seconded by Councilwoman Mullins. All in favor
motion carried.
ORDINANCE NO. 16
(SERIES OF 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING TITLE 24 IN REGARDS TO THE
OPERATION OF BICYCLES AND OTHER HUMAN POWERED VEHICLES ON PUBLIC ROADS
IN THE CITY OF ASPEN, COLORADO.
Councilman Daily moved to adopt Ordinance # 16 on first reading; seconded by Councilman Frisch. Roll
call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Romero, yes Mayor Skadron, yes.
Motion carried.
Ordinance #17, Series of 2014 – Mixed Use Zone District Code Amendment
Sara Adams, community development, told the Council the proposal is to expand retail and restaurant
uses to all buildings within the Mixed Use district. She said this district is in about five locations in town
including either side of the downtown core, the former poppies restaurant and the Jerome Professional
Regular Meeting Aspen City Council June 9, 2014
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building. Currently these uses are only allowed on historic landmarks and only 3 of the 45 eligible are
utilizing this. Staff is recommending approval.
Councilman Frisch said he is supportive of this and is still confused by some of the comments from P&Z.
He said it will allow newer restaurants to have a wider variety of possible locations.
Councilwoman Mullins said she is also supportive.
Councilman Daily said it is a good proposal for balance and he supports it.
Councilman Romero asked if any additional public outreach is planned. Ms. Adams said she has a list of
people who want updated and has been in contact with them as well as P&Z and HPC.
Mayor Skadron said he is also supportive.
Councilman Frisch moved to read Ordinance #17; seconded by Councilman Daily. All in favor, motion
carried.
ORDINANCE NO. 17
(SERIES OF 2014)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.710.180 – MIXED USE ZONE DISTRICT, OF THE CITY OF ASPEN LAND
USE CODE.
Councilwoman Mullins moved to approve Ordinance #17, Series of 2014, on first reading; seconded by
Councilman Frisch. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Romero, yes;
Mayor Skadron, yes. Motion carried.
Ordinance #18, Series of 2014- 120 Red Mountain Road – AspenModern Voluntary
Designation
Amy Simon, community development, told the Council this is a voluntary designation of a modern chalet
style house that was built in 1962 and designed by Ellen Harland. The home is entirely intact with the
exception of a small remodel. HPC completed a conceptual review hearing on May 28. They looked at
the existing garage which is proposed to be turned into living space and a new garage to be built and
linked to the new house. HPC also did a stream margin review. The proposed new garage comes within
the 15 foot required setback from the top of slope. Ms. Simon said the applicant is asking for some
preservation incentives. They are leaving 500 square feet on the table and would like to convert that into
2 TDR’s. The applicant is interested in expedited processing. The applicant is also asking for a waiver of
85,000 dollars in permit fees. HPC has asked for a fisherman’s easement but has not heard back from
parks yet.
Councilwoman Mullins asked for more information on the stream margin review. Ms. Simon said there
is a requirement to establish a top of slope and top of bank and no development is allowed 15 feet back of
that and a 45 degree angle from top of slope as a height limit.
Councilman Daily asked what Staff’s recommendation on the fee waiver is. Ms. Simon said some of the
departments would like to be reimbursed from the general fund and some are able to absorb it.
Councilman Daily said he is not generally supportive of blanket waivers of fees.
Councilman Romero said the TDR’s and expedited reviews are things he is supportive of and will wait
until second reading to address the fee waivers.
Mayor Skadron said he is also concerned with the fee waiver and will discuss more at second reading.
Regular Meeting Aspen City Council June 9, 2014
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Councilman Frisch moved to read Ordinance #18, series of 2014; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 18
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING
ASPENMODERN HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS,
INCLUDING THE CREATION OF TWO TRANSFERABLE DEVELOPMENT RIGHTS FOR THE
PROPERTY LOCATED AT 120 RED MOUNTAIN ROAD, CITY AND TOWNSITE OF ASPEN,
COLORADO
Councilman Frisch moved to approve Ordinance #18, Series of 2014; seconded by Councilman Daily.
Roll call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes.
Motion carried.
Resolution #71, Series of 2014- TDR Code Amendment – Policy Resolution
Sara Adams, community development, said this would amend the TDR portion of the code specifically
where a TDR can land. She said a TDR is 250 square feet that has been removed from a landmark and
sold to be landed on a non-landmark parcel. The purpose of the program is to support historic
preservation. Ms. Adams said currently TDR’s can land one per residence and are no longer permitted
downtown. The proposal to amend the code was sponsored by Neil Karbank who is represented by Alan
Richman. They propose to increase the number of TDR’s to two per residence depending on the lot size.
Staff expanded the proposal to relate the number of permitted TDR’s to the lot size and underlying zone
district. Ms. Adams stated Staff’s proposal would only allow single family homes to land more than one
TDR per residence depending on the lot side.
Mayor Skadron asked Mr. Karbank how many TDR’s he owns. He replied 22. Ms. Adams said Staff
encouraged him to bring this forward. Mr. Karbank said there is a disequilibrium between the number of
TDR’s that can be created and the places where they can be landed.
Councilman Frisch asked if there was discussion on the number of TDR’s that can be created. Ms.
Adams said it is a valuable tool in preserving historic properties. She said Staff wants to make sure the
program remains viable and part of that is making sure there are places where the TDR can be used.
Councilwoman Mullins said if where you can land a TDR is so restricted we need to come up with other
places where they can be used. She also said we need to be careful to no overburden some neighborhoods
with the TDR’s.
Councilman Romero said he supports the program and is mindful of making sure it is effective. He is
also concerned with the mass and scale impact on some neighborhood. He said the timing is appropriate
to be married up with the TDR portion of the lodging incentive program.
Councilman Daily stated it is a creative suggestion and Council should take what steps they can to ensure
the viability of the program. He asked if there will be an opportunity for site by site evaluation. Ms.
Adams said the applicants are still required to meet the design standards for the neighborhood and
adequate controls are already built into the code.
Regular Meeting Aspen City Council June 9, 2014
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Ms. Adams said they are proposing the overall maximum for a single family lot cannot exceed what is
currently allowed for a duplex with two TDR’s. Councilman Daily said this will reduce the surprise
factor since we will already know that the maximum is.
Councilman Frisch said we are moving in the right direction and even though this may help Mr. Karbank
it will also help the entire community.
Mayor Skadron said the issue is the goals and values around historic preservation versus the development
density in the residential areas.
Councilwoman Mullins said the majority of the projects maxed out their FAR and there were not that
many TDR’s with the exception of Mr. Karbanks. She said she is not too concerned there will be a flood
of TDR’s in the residential areas.
Ms. Adams said the Staff proposal is to only allow this for single family homes but would be using the
duplex FAR plus the two TDR’s they could currently use as the maximum floor area for the single family
home. They did not want to exceed what could currently be built on a duplex lot. This would apply to all
residential zone districts.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch moved to adopt Resolution #71, Series of 2014; seconded by Councilwoman Mullins.
Roll call vote; Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Romero, yes; Mayor Skadron, yes.
Motion carried.
Ordinance #15, Series of 2014 – Noise Ordinance Revisions
CJ Oliver, environmental health, told the Council these revisions would change the start of the nighttime
hours from 9:00 pm to 11:00 pm. During daytime hours, 7:00 am to 11:00 pm, the decibel level would
remain at 65 and 60 for nighttime (commercial district). This ordinance also changes the location of the
reading from the property line of the noise source to the property line of the affected property. Mr. Oliver
said the original proposal was 65 decibels 24 hours a day.
Councilman Frisch said he is supportive of louder, livelier and longer and this is a good starting point.
Councilwoman Mullins stated she is also supportive of the changes.
Councilman Daily said they are responsible changes and is also supportive.
Mayor Skadron said Council received a letter from New York Pizza saying crank it up 24 hours a day.
He also said this ordinance can be modified in the future if it does not work.
Mayor Skadron opened the public comment.
1. Mary Payton told the Council she lives in the core area across from the Belly Up and never hears
their noise. She stated the Red Onion had an amplifier in the doorway facing the street and the
noise was disruptive to her. She said it needs to be more specific as to where the amplification is
coming from and it should remain inside. In the case of the Red Onion there was no one sitting
outside.
Regular Meeting Aspen City Council June 9, 2014
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Mayor Skadron asked Mr. Oliver what we do about the placement of speakers. Mr. Oliver said the mall
lease prohibits amplified music on the mall and this sounds like a creative way of getting around that.
Councilman Frisch said the focus needs to remain on the decibel level and not the source.
Mayor Skadron closed the public comment.
Councilwoman Mullins moved to adopt Ordinance #15, Series of 2014 as written; seconded by
Councilman Frisch. Roll call vote, Councilmembers Frisch, yes; Daily, yes; Romero, yes; Mullins, yes;
Mayor Skadron, yes. All in favor, motion carried.
Ordinance #11, Series of 2014 – St. Regis- Minor PD Amendment
Justin Barker, community development, said this would pertain to use of commercial spaces within the
hotel. The 1988 amendment contained a condition that limited the uses for the commercial spaces. The
applicant has requested an amendment to free up these uses. Staff is supportive of the amendment but
recommends modifying the proposed ordinance to eliminate the specific uses and to include uses allowed
in the underlying zoning.
Alan Richman said they are comfortable with the proposed language.
Councilwoman Mullins asked if there are restrictions on the number of spaces. Mr. Barker said it was
written to be maintained as four spaces but there was no evidence that it was ever used that way. He said
it is not necessary to limit the spaces at this time.
Councilman Frisch said he is supportive of not limiting the uses.
Mayor Skadron asked what the community’s concern of unrestricted retail was when the code was put in
place. Mr. Richman said at the time there was concern that the lodge district was not the place for retail.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Daily moved to adopt Ordinance #11, Series of 2014 with changes; seconded by Councilman
Frisch. Roll call vote; Councilmembers Mullins, yes; Romero, yes; Daily, yes; Frisch, yes; Mayor
Skadron, yes. Motion carried.
Resolution#70, Series of 2014 – HUBAspen Temporary Use – 557 North Mill Street
Chris Bendon recommended continuation to June 23rd due to an issue with the notice.
Councilman Frisch moved to continue to June 23, 2014; seconded by Councilman Romero. All in favor,
Motion carried.
Resolution #64, Series of 2014 – Lodge Incentive Program Code Amendment – Policy
Resolution
Chris Bendon and Jessica Garrow, community development, said this hearing will provide answers to the
questions from the last meeting. Ms. Garrow said pillow count equals heads in beds where units are the
total number of rooms available. Staff has information from Stay Aspen Snowmass and updated Mtrip
data. She said there are discrepancies between the data since they are counting different things. She said
no matter the data or the methodology both sets of data point to a decline in the bed base. The Stay
Aspen data from 1995 to 2005/6 shows a 27% decrease. Comparing to MTRIP it’s about a 3.25%
Regular Meeting Aspen City Council June 9, 2014
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decrease. With MTRIP, between 2009 and 2012 there is a.05% decrease. Ms. Garrow stated about 50%
of our bed base is traditional hotel units and 40% are condominiums. The study findings are Aspen must
invest in lodging to maintain market share, the development processes is unpredictable, the condo bed
base is aging and in need of upgrades and new or reinvigorated lodging will require additional height,
free-market residential uses and lower mitigation. Ms. Garrow said the purpose of the program is to
bolster the bed base, enable existing lodges to remain functioning as lodges, encourage upgrades so
Aspen remains competitive and to encourage additional short term product.
The proposed incentive program would have three levels. Basic- minor exterior updates and basic
infrastructure changes. Standard- interior upgrades and small expansions. Standard plus- larger
expansions and new lodges. Staff is also looking into non-development incentives such as grants or
loans, amenity evaluations, parking passes, parking in right-of-way, transportation changes and help with
marketing. The incentive program would include additional height in limited zones and a fourth floor
only through planned review. Mitigation reductions in affordable housing requirements for short-term
rentals and calculating free market residential as a percentage of lodge and vacation residences.
The proposed height increases would only be in the lodge zone district with a fourth floor through
heightened review. The multi-family zone district would increase from 32 feet to 36 with no fourth floor
allowed. The lodge preservation overlay would increase to 28-32 feet.
At the last meeting Council asked what the criteria for a fourth floor would be. Ms. Garrow replied it
would either be physical based review criteria, compatibility based review criteria or a combination.
To clarify the free market residential proposal, Ms. Garrow said that currently it is based on the average
lodge unit size. Staff would like to base it on a percent of the total lodge space around 40-60 percent.
She said with this proposal there will never be more free market residential than lodge.
For affordable housing Staff is recommending a two thirds reduction in mitigation if they participate in
the incentive program. Other options would have the City budget and pay for subsidize mitigation or
more significant reduction in free market residential.
For unit sizes, Staff is proposing a base of 1000 square feet, 1500 if fractional, with the ability to expand
to 2000 square feet with a TDR. They want to encourage 1000 square foot or less units but also create
additional landing areas for TDR’s.
Councilman Romero said he like the direction for allowing reductions for affordable housing mitigation.
He said he agrees with the criteria for physical and compatibility for height. He said it needs to be
compelling to warrant a fourth floor. Councilman Romero asked for more clarification on marketing.
Ms. Garrow said it will be more of a chamber roll.
Councilwoman Mullins said she is supportive of the physical and compatibility review for height as well
as the special review. She said the balance for free market should be more lodging than residential.
Councilwoman Mullins asked what the incentives for Basic and Standard will be. Ms. Garrow stated she
is interested to hear if Council would support a grant or loan program to assist the smaller lodges with
upgrades. Mr. Bendon said they are considering an outside review like CORE does as a prerequisite for a
grant program. Councilwoman Mullins said she is supportive of a grant program.
Councilman Frisch stated there are two buckets, new lodging and renovation. He said we want the rooms
occupied as much as possible whether it is from someone living there or a rental. Councilman Frisch said
height remains a touchy subject but needs to remain part of the mix. He said protecting affordable
housing mitigation is still important. Councilman Frisch said of the small lodges we need to figure out if
they want the help. Ms. Garrow said they have done outreach and not every lodge wants each incentive
but the ones identified are the general theme.
Councilman Daily said he likes the idea of a fourth floor with a review process. He said he likes the
fourth floor being set back or only encompassing 50 percent of the building foot print. He agrees there
needs to be more subjective criteria. Councilman Daily said he agrees with prioritizing lodge use for free
market residential. He said he is willing to reduce some of the affordable housing requirements to
encourage lodge redevelopment. He likes the idea of reducing the mitigation if there is no affordable
Regular Meeting Aspen City Council June 9, 2014
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housing. Councilman Daily said being able to expand the unit size or double with a TDR may not be an
appropriate place to use it.
Mayor Skadron said he is not opposed to the free market residential changes but Staff needs to carefully
consider the percentages. He said he is also not opposed to considering a reduction in the affordable
housing mitigation portion of the incentive. Mayor Skadron said he concurs with Councilman Daily in
regards to unit size. He did say if the market demands larger rooms he is open to looking at a way to get
there. Mayor Skadron said the fourth floor is not optimal. He said he is struggling with how to
encourage a long term operator model. He said a fourth floor is wrong and is cognizant of the lessons
learned from the infill discussion of 2002. He said a fourth floor may result in something that was not
intended to happen to the community.
Mayor Skadron opened the public comment.
1. Donnie Lee told the Council he is supportive of the lodge incentive program and thanked Staff for
getting to this point. He said the fourth floor is designed for a limited area and said this shows
how mindful Staff is towards the community. Mr. Lee said this program puts the lodges on a path
of controlled stability.
2. LJ Erspamer said not to overdo it to create extremes. He said mixing free market with hotels is
not a bad idea. He also said parking is an issue. Mr. Erspamer said consistent is better than
compatible in terms of the neighborhood. He said he would consider a fourth floor if it did not
affect the views of the mountain.
3. Stan Clauson stated there has been a decline in the bed base and in the quality of the bed base.
He said lodging needs the free market incentives to finance redevelopment. Mr. Clauson said
there needs to be sufficient height, three stories. He said 32 feet may be insufficient and Council
should consider 36 feet. Mr. Clauson said using TDR’s to increase unit size only adds cost to the
redevelopment. He said a fourth floor can make a lodge viable.
4. Michael Brown told the Council he represents about half the rooms of the LP overlay zone
district. He said this incentive program would remove the current incentives. He said free market
residential is the only way to make lodges viable. He said a proper incentive package would
expand the current free market residential incentives, increase height for a proper third story and
contain fee waivers.
Mr. Bendon said that Staff has updated the changes for the LP overlay to reflect the proposed
lodge district incentives.
5. David Corbin said Aspen Skiing Company believes there has been a loss of bed base and it is
important to address. He agrees with the fourth floor and asked Council not to get hung up on it
because it would not happen without a planned review. He said the most important part of
refurbishing the bed base focuses on the condo units and having units remain in the rental pool.
6. Maria Morrow stated that we want renovation of the existing lodges and creation of new ones.
She said when the Hotel Jerome and Independence Square were built they were incompatible
with what was next to them. Even though they were incompatible with the neighboring buildings
they were compatible with the community and brought tourist here. Ms. Morrow urged Council
to move this forward and get into the code language. She said there needs to be some
combination of offset to make this work.
Regular Meeting Aspen City Council June 9, 2014
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7. Jackie Kasabach said she agrees with the objectives and these are valuable conversations that are
essential to the future of the community. She asked what would happen to the incentive program
if only high end properties participate. Ms. Kasabach said we need to incentivize the small
family run lodges which are the ones we have lost. She said it would be nice to see development
on Aspen Street.
8. Ziska Childs said according to the Aspen Times the bed base has actually increased from 2008-
2012 by 7.46 percent or from 9,385 to 10,085 pillows. She said the separation from Basic to
Standard does not make sense using interior and exterior as the difference. She said the sticking
point when dealing with condos is getting everyone to agree. Ms. Childs said she does not see
anything in the incentive plan that will help her with her rental units. She said she needs help
bringing her prices down. With tax, during high season, it takes the price over 100 dollars per
pillow.
9. Debbie Braun told the Council that Staff has done a great job with the outreach. She said she is
in full support with the incentive program and Staffs recommendations. She said she agrees with
the fourth floor for limited areas. She also said the free market component continues to be the
driving force for financial feasibility. Ms. Braun said updating the condos is also important. She
said Staff is going in the right direction in the non-development incentives.
10. Ms. Garrow received some letters to enter into the record. Bill Tomcich said there has been a
decline in the bed base. Janette Darneauer emailed support particularly in the free market
residential component. Chuck Frias said they have lost over 30 percent of their condo units to
non-rental status since 1985. Warren Klug supports the incentive program and is focused on
allowing upgrades to existing inventory. Crystal Logan is in favor of the program. Charlie
Bantis is also supportive of the program.
Mayor Skadron closed the public comment.
Councilman Romero asked about the multi-family housing replacement program. Mr. Bendon said if the
units affected have ever, in their history, housed a local working resident, when the unit is demolished it
needs to be replaced with an affordable housing unit on that property. Mr. Bendon said they are
proposing a 20 year standard.
Mayor Skadron asked if Ms. Garrow would like to respond to any of the public comments. Ms. Garrow
stated the Aspen Times article did not represent the data in the MTRIP reports. She said there was mis-
reporting of pillow counts in the 2008/2009 study. The true decline is reflected in the unit count.
Mayor Skadron asked for clarification in what is proposed for the lodge overlay. Ms. Garrow said the
lodge preservation overlay currently refers to the lodge zone district for incentives related to the amount
of free market residential that can be built. Staff proposes this continue to remain in place. Mayor
Skadron asked if changing the 32 foot height to 36 feet is part of the incentives. Ms. Garrow said it is for
the multi-family zone district.
Mayor Skadron asked if Council is comfortable moving forward with height what would it look like. Ms.
Garrow said it would only be in the lodge zone and potentially in the multi-family zone and the lodge
preservation overlay and only through heightened review.
Ms. Garrow said the affordable housing reductions would apply to all of the zone districts that have
lodges. She said in general it would be around a two thirds reduction.
Regular Meeting Aspen City Council June 9, 2014
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Mayor Skadron asked if free market residential would be consistent across the different zones. Ms.
Garrow said it would be for the lodge zone and the lodge preservation zone. She said the other districts
are based on floor area and are not proposed to change.
Mr. Bendon said by approving this resolution it does not lock in Council to anything. He said the next
step would be to draft an ordinance outlining the changes. There would then be multiple hearings to fine
tune the changes.
Councilwoman Mullins would like further discussion on TDR’s and if it would add cost to the project.
Regarding a fourth floor she would like to see specifically where it would work taking views into
consideration. She also mentioned that to take part in the incentives the HOA would help to facilitate the
upgrade. Councilwoman Mullins also suggested a walk around town to see what the heights actually are.
She would like something in the plan to help fill the units once they are built.
Councilman Daily said he has concern with the overlay on an R6 zone that would allow height increases.
He said he is not sure we are using TDR’s correctly if it would take a 1000 foot unit and double it just
because we need additional places to land a TDR.
Councilman Romero stated the TDR application is not an incentive from the economic standpoint and we
need to get more creative. He also said we need to get more creative on the condo upgrades. Councilman
Romero said he is supportive of approving the resolution to keep the process moving.
Mayor Skadron said if Council is prepared to move forward he will not support it. He said it is an
incentive model that takes advantage of the amenities that Aspen provides without sufficiently
contributing to them. He said it is a development approach rather than a long term operator model.
Mayor Skadron said a fourth story speaks against our core values and fails to keep us distinguished from
our neighbors up the valley.
Councilman Romero moved to adopt Resolution #64, Series of 2014; seconded by Councilman Frisch.
Councilwoman Mullins asked what the result of adopting this would be. Mr. Bendon said they would
come back with an ordinance at first reading with additional public hearings beginning in July.
Councilwoman Mullins said she would not support the resolution because there are still too many
questions around TDR’s and height.
Councilman Daily suggested modifying the resolution to read “allow four stories for lodge development
in limited circumstances. This likely means only certain areas in the zone district and only with
heightened review through planned development and or special review”
Roll call vote; Councilmembers Romero, yes; Mullins, no; Daily, yes; Frisch, yes; Mayor Skadron, no.
Motion carried.
Councilwoman Mullins moved to go into executive session at 10:30 pm pursuant to C.R.S. 24-6-402(4)b,
e to discuss litigation T. Richard Butera et al vs The City of Aspen, case #11CW130; seconded by
Councilman Frisch. All in favor, motion carried.
Councilman Frisch moved to come out of executive session at 11:25 pm; seconded by Councilman
Romero. All in favor, motion carried.
Councilman Frisch moved to adjourn at 11:25 pm; seconded by Councilman Romero. All in favor,
motion carried.
Linda Manning- City Clerk