HomeMy WebLinkAboutminutes.council.20130708Regular Meeting Aspen City Council July 8, 2013
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Mayor Skadron called the meeting to order at 5:00 pm with Councilmembers Frisch, Daily and Mullins
present.
SWEARING IN NEW COUNCILMEMBER
Municipal Court Judge Brooke Peterson gave the oath of office to Dwayne Romero as Councilperson.
Councilman Romero took his seat at the Council table.
CITIZEN PARTICIPATION
1. Emzy Veazy urged Council to give police employees a police pension. Veazy also requested the
budget for CCLC be reinstated. CCLC is trying to get a Christmas market going and they need some
budget for that. Veazy suggested Council adopt a resolution asking the hospital and school boards not
to have their meetings at the same time as each other and as City Council so that more people can
participate.
2. Jim Salan told Council he came to town the Fourth of July to help the Elks club set up for the
day, parked where directed by a parking person, and when he returned he had a $100 ticket for parking
in a handicap space. Salan said he is familiar with town, with the parking areas and with the signs. Salan
said this has not previously been a handicap parking space. Salan requested staff or Council look at the
signs around town; some of them are covered up by foliage. Salan said he will go through proper
channels to address this ticket. Steve Barwick, city manager, told Council this handicap sign was moved
from across the street because of the construction area.
3. Phyllis Mattice, assistant county manager, told Council she is promoting the broadband survey
being conducted by COG. The survey is available on the city/county website and it is to determine from
where people are receiving their broadband and how fast their connection is.
4. Susan O’Neal said in order to maintain a balance between community and resort, the city has to
address the parking problem and to address the noise and traffic on Durant street. Ms. O’Neal
suggested relocating the bus station and majority of the buses to Rio Grande park rather than Rubey
park which is in the middle of downtown and lodges. Ms. O’Neal said parking is essential to a tourist
economy and there should be underground parking at Wagner Park. The city needs to do something to
slow traffic down on Durant and to lessen the noise impacts.
5. Helga Matuska, South Point condominiums, agreed that the buses, noise and traffic on Durant
avenue are awful. It is impossible to open one’s windows. Ms. Matuska supports Ms. O’Neal’s
proposals.
6. Ziska Child presented each Council with a copy of a documentary, Happy, and requested when
considering every decision, Council should think if it will make the community more of a community and
a happy community.
Regular Meeting Aspen City Council July 8, 2013
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COUNCILMEMBER COMMENTS
1. Councilwoman Mullins noted she was a judge for the Fourth of July parade and thought the
parade was the highlight of the weekend. Councilwoman Mullins thanked everyone who participated in
the event.
2. Councilman Frisch agreed it was a great fourth of July; it sums up Aspen as a community.
Councilman Frisch noted the Aspen Ideas festival was successful. Councilman Frisch welcomed
Councilman Romero to the city Council.
3. Councilman Frisch stated he is committed to focusing on land use code, on lodging. Councilman
Frisch said Council has a certain capacity for work and that work should be directed to things for which
Council has interest.
4. Councilman Romero stated he appreciates the appointment process and is honored to be a city
Councilperson. Councilman Romero commended the people who chose to be part of the election or the
appointment process. Councilman Romero said he is thrilled to be part of the problem solving.
5. Mayor Skadron thanked all the people who applied for the Council vacancy. Mayor Skadron
complemented the Aspen Institute on the Ideas Fest and the ACRA for the great Fourth of July. Mayor
Skadron announced this week the Aspen Historical Society is celebrating their 50th anniversary with a
Chautauqua and there is a list of daily events in the newspaper.
6. Mayor Skadron said he, and the community, are saddened by the death of Randy Udall. Udall
made a difference in this community and it is a great loss. Mayor Skadron sent get well wishes to Tom
Anderson and to his family.
CONSENT CALENDAR
Councilwoman Mullins asked in the vehicle lease contract, how many vehicles, what type and how often
are the vehicle replaced. John Krueger, transportation department, told Council these are 9 hybrid
replacement vehicles for the car share fleet. The vehicles are replaced every 5 years. Councilman
Romero said this is part of a state grant and the state vets the vendors. Krueger said the cost is
$160,000 and $132,000 of that is a state grant and $27,000 is local match. City staff has been aggressive
in going after grants for transportation programs.
Councilwoman Mullins asked the completion date for the Deer Hill utility contract. Dave Hornbacher,
utility department, said the work will be complete this year, follow up vegetation in 2014.
Councilwoman Mullins asked if the city will lose any water rights. Hornbacher said this does not put the
waters rights at risk but creates additional opportunity the city does not have today. By using re-used
water, the city can reduce the impact to the ditch water and free up water for other use. Councilwoman
Mullins asked what staff is doing too minimize environmental impact of the trench. Hornbacher said
there are 3 utilities going up the hill side and they have tried to keep it to a 35’ working corridor. Mayor
Skadron asked the total city portion. Andy Roselli, water department, said it is $797,000 and is all the
city responsibility.
Regular Meeting Aspen City Council July 8, 2013
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Councilwoman Mullins noted that cabin should be changed to shed in the June 24th minutes regarding
the 604 W. Main street historic preservation award.
Councilman Frisch moved to approve the consent calendar; seconded by Councilman Romero. The
consent calendar is:
Resolution #71, 2013 - Approval of Two CMAQ Grant Contracts For Replacement Vehicle Purchases
Resolution #70, 2013 - Deer Hill Contract
Minutes - June 24, 2013 – as amended
All in favor, motion carried.
ORDINANCE #27, SERIES OF 2013 – 420 E. Hyman Avenue Subdivision Review
Councilwoman Mullins recused herself as she dealt with this matter on HPC. Sara Adams, community
development department, told Council this is located on Hyman Avenue mall in the commercial core
zone. The project is a scrape and replace of the existing building to be replaced with a 3 story mixed use
building, commercial in basement, first, second floor, 3 affordable housing units on the second and third
floors and a free market unit on the second and third floor. This is a small downtown lot; the project is
being reviewed under the previous land use code which allows free market residential and heights of 38
to 42’. HPC granted conceptual approval, which Council called up and remanded back to HPC. HPC
granted conceptual approval in November; P&Z granted growth management approvals. After this
subdivision review, it will go back to P&Z for final design review. Ms. Adams said there is a condition
about the amount of proposed glass in the façade. Typically HPC reviews materials after subdivision;
however, staff proposed a condition that Council may call up the project after final review in order to
check in. Ms. Adams stated the project meets the requirements of the CC zone and the subdivision
review criteria.
Councilman Daily asked about the staff recommendation that the applicant submit updated design
drawings and will there be time to review these before second reading. Charles Cunniffe, representing
the applicant, said this refers to updated drawings after subdivision that the HPC will review for final
design. Councilman Daily requested an overall review at the public hearing. Cunniffe said they will
make a presentation of the project as it currently stands. Chris Bendon, community development
department, reiterated there is a strong concern about the extent of glass on the façade and the client
may have some suggested alternatives to present to Council.
Mayor Skadron noted at an earlier Council meeting, the applicant talked about his passion for Aspen.
Mayor Skadron said he feels this application should be considered under the current land use code, not
the previous land use code and if the applicant wants to do the right things for the community, the right
thing is to meet the community need, which is the current land use code. Mayor Skadron said this is not
in the community benefit but is a profit opportunity. Mayor Skadron stated what this building looks like
is less important than how big it is. Mayor Skadron said one of Aspen’s competitive edges is its built
environment and every building that moves away from small town character diminishes Aspen’s
competitive edge and the long term viability of the community.
Regular Meeting Aspen City Council July 8, 2013
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Councilman Romero moved to read Ordinance #27, Series of 2013; seconded by Councilman Frisch. All
in favor, motion carried.
ORDINANCE #27
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET
RESIDENTIAL UNIT, THREE (3) AFFORDABLE HOUSING UNITS, AND 786 SQ FT
OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 420 EAST
HYMAN AVE, LOT O, BLOCK 88, AKA DUVIKE CONDOMINIUMS CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman Romero moved to adopt Ordinance #27, Series of 2013, on first reading;
seconded by Councilman Frisch. Roll call vote; Frisch, yes; Daily, yes; Romero, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #26, SERIES OF 2013 – 534 East Cooper Avenue (Boogies) Subdivision
Jessica Garrow, community development department, told Council this is a request for subdivision
approval to construct a new free market residential unit on the Boogie’s building, add 292 square feet of
commercial space and expand a deed restricted unit. This project is under the 2012 code, which allows
free market residential in the downtown area. HPC reviewed and approved conceptual design, called up
by Council, who affirmed HPC’s decision. Councilman Frisch asked about the covered patio. Ms. Garrow
said the expansion of new commercial space will make that temporary use permanent. Councilman
Frisch said if free market units are to go on top of buildings, he would prefer to see that in new
construction to help allowing some cheaper rents on lower floors. Ms. Garrow noted this project came
in under the old zoning which allows free market units and 38 to 42’ height.
Councilman Romero moved to read ordinance #26, Series of 2013; seconded by Councilman Daily. All in
favor, motion carried.
Ordinance No. 26,
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION,
FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1)
AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR
THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman Daily moved to adopt Ordinance #26, Series of 2013, on first reading; seconded by
Councilman Romero. Roll call vote; Romero, yes; Frisch, yes; Daily, yes; Mayor Skadron, yes. Motion
carried.
Regular Meeting Aspen City Council July 8, 2013
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ORDINANCE #28, SERIES OF 2013 – 360 Lake Avenue Amendment to Ordinance #66, 1990
Sara Adams, community development department, told Council this property is in the R-6 zone and is
two lots approved by a lot split in 1990. The two lots are 24,000 and 8800 square feet. The lot split
ordinance specified the maximum floor area for each lot. The applicant would like to remodel and
would like the ability to land TDRs, which is allowed in R-6 for non-historic properties. The approving
1990 ordinance would need to be amended to allow any more floor area. Ms. Adams said the larger lot
was allowed about 900 square feet more in 1990 than would be allowed today. Ms. Adams stated staff
would prefer properties to be under one land use code and this request would use the 1990 code for the
maximum floor area and TDRS from the current code.
Steve Wilson, representing the applicant, told Council if they calculate the floor using today’s code, even
with the TDR, they would be non-compliant. Wilson said he is compliant with the 1990 maximum
allowable FAR; the structure is not compliant with the Hallam Lake bluff standards. Jim True, city
attorney, said being non-compliant is one issue, asking to be under two separate land use codes is a
different issue.
Councilman Frisch moved to read Ordinance #28, Series of 2013; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 28
(SERIES OF 2013)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, AN AMENDMENT TO
THE ERDMAN PARTNERSHIP LOT SPLIT, RELATED TO 360 LAKE AVENUE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Councilman Romero moved to adopt Ordinance #28, Series of 2013, on first reading; seconded by
Councilman Daily. Roll call vote; Mullins, yes; Frisch, yes; Romero, yes; Daily, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #29, 2013 – Code Amendment – Increasing Maximum Fines for Municipal
Ordinance Violations
Debbie Quinn, assistant city attorney, said this will allow the city code to coincide with state legislature
and allow municipal court to fine up to $2650.
Councilwoman Mullins moved to read Ordinance #29, Series of 2013; seconded by Councilman Daily. All
in favor, motion carried.
ORDINANCE NO.29
(Series of 2013)
Regular Meeting Aspen City Council July 8, 2013
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 1.04.080 AND SECTION 24.04.020 (D) (2) OF THE ASPEN
MUNIC IPAL CODE TO INCREASE THE MAXIMUM FINE FROM
$1,000.00 TO $2,650.00 FOR VIOLATIONS OF THE MUNICIPAL CODE, AND TO
LIMIT AND ADJUST THE MUNICIPAL COURT FINES FOR INFLATION ON
JANUARY 1, 2014 AND ON JANUARY 1 OF EACH YEAR THEREAFTER
Councilman Romero moved to adopt Ordinance #29, Series of 2013, on first reading; seconded by
Councilman Frisch. Roll call vote; Daily, yes; Romero, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #24, SERIES OF 2013 – 604 W. Main Historic Landmark Lot Split and TDRs
Amy Guthrie, community development department, told Council this property is a 9,000 square foot lot
with a Victorian house, a carriage house and some outbuildings. The entire property is landmarked and
historic properties can create lots of 3,000 square feet smaller than other properties, which is a benefit
to encourage small structures on a lot. Ms. Guthrie noted historic properties are the only sites where
TDRs can be severed and moved to less sensitive areas of town. TDRS can be created in 250 square foot
increments and owners can sell as many as they have and still cover the development on site. TDRs can
be landed on non-historic residential sites, 1/unit; multi-family mixed used buildings can receive a TDR
to make a unit size, not the structure, larger.
The 9,000 square foot lot is proposed to be divided into a 3,000 square foot parcel on the interior and a
6,000 square foot parcel on the corner. The 3,000 square foot lot will be vacant except for a shed and to
sell up to 7 TDRs, leaving 170 square foot of development. The 6,000 corner lot contains a Victorian
house and a carriage house, which will remain and up to 5 TDRs will be sold leaving 25 square feet of
possible development. Ms. Guthrie said because of this parcel’s location on Main street, there is benefit
to preserving the site as is. HPC and staff recommend approval.
Alan Richman, representing the applicant, said these 3 lots contains 5 structures; the HPC found the
cabin and 2 sheds do not contribute to the historic character of this site and these will be removed over
time. Richman told Council about 5 years ago, the applicant made a mixed use development
application with several office building and an affordable housing unit, which would have tripled the
existing floor area. The vested rights were extended to 2014. Richman said there may not be a market
for that approved project and the applicants would like to forego and void that development. Richman
said selling the TDRs would be a better solution than the approved development.
Councilwoman Mullins said she has reservations about allowing all 12 TDRs to be sold rather than
retaining them for possible development that would add to the visual continuity along Main street.
Councilwoman Mullins said 12 TDRs represents about 3,000 square feet of development added to town.
Chris Bendon, community development department, told Council this is an administrative review by
Council with straightforward criteria.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public
hearing.
Regular Meeting Aspen City Council July 8, 2013
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Councilman Romero moved to adopt Ordinance #24, Series of 2013, on second reading; seconded by
Councilman Daily. Roll call vote; Frisch, yes; Daily, yes; Mullins, yes; Romero, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #25, SERIES OF 2013 – 507 Gillespie Establishment of 2 TDRs
Chris Bendon, community development department, proposed continuing this to August 12 because of a
publishing mishap.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed the public
hearing.
Councilwoman Mullins moved to continue Ordinance #25, Series of 2013, to August 12; seconded by
Councilman Frisch. All in favor, motion carried.
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Subdivision/PUD Amendment to
existing approvals.
Jennifer Phelan, community development department, told Council this property is 3 parcels located at
the base of Aspen mountain and is 104,000 square feet or 2.39 acres. The property received an
approval in 2003 to build 14 free market and 17 affordable housing units and is valid until 2015. Ms.
Phelan said since the original approval, there was an application in 2007 for this site for the Lodge at
Aspen Mountain, which did not pass. This proposal for amended townhouse development was
submitted in 2011 and was for 14 free market and 10 affordable housing units on site with affordable
housing at the AABC. Council stated their preference was a lodge on this site and the applicant agreed
to pursue a lodge development, after which the applicant withdrew the proposal stating a lodge was not
feasible.
Ms. Phelan said this proposal is for 14 free market townhouses, 10 affordable housing unit on site
housing 18.5 employees and the balance of 27.5 employees would be housed east of the S-curves or by
affordable housing credits. Ms. Phelan told Council this project is being reviewed under the code in
effect at the time of the submittal, the 2000 land use code. Ms. Phelan presented a slide of the
footprint of the two different proposals, the current proposal containing a mix of free market and
affordable housing on parcel 1 and free market only on parcels 2 &3. The proposal has the same
number of free market units; they are larger. In the original proposal, 46 employees were housed and
this proposal has 18.5 employees on site. The Aspen Ski Company has a parking requirement in the site;
the original proposal has the garage on the upper parcel, accessed off Juan street. This proposal has the
garage on parcel 1 accessed off Garmisch and Dean.
Ms. Phelan reiterated Council’s preference has been for a lodge on this site; however, there is a vested
approval for townhomes in place. The issue is whether Council thinks this proposal is an improvement
over the entitlements. P&Z and APCHA have recommended approval; community development staff is
not supportive of this amended site plan because of the reduction in density. Ms. Phelan pointed out
the old approvals meet the growth management standards for replacement; the developer at the time
offered to provide additional affordable housing on site and staff feels that density is appropriate for the
site.
Regular Meeting Aspen City Council July 8, 2013
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The criteria for PUD and subdivision and the 2000 AACP encourage affordable housing on site to
encourage density and staff does not think reduction of that density is appropriate. Staff has concerns
with the additional curb cuts on the upper parcel and making it look more suburban than the town grid.
Councilman Daily said he represented the previous lodge applicant and asked that that developer has no
financial interest in this project. David Parker, representing the applicant, said that developer has a very
small interest and there should be no concern over that.
David Parker, representing the applicants, told Council they purchased this site in 2010 after the
previous applicant was unsuccessful in having a lodge approved for the site. Parker said the owners are
hotel developers and they purchased this to build a hotel and spent almost a year trying but could not
make it work. Parker said the Council agreed to “toss out the book” to see if the applicants could make
a hotel work irrespective of the code. Parker said they tried that, could not make a hotel work, and
agreed to take the townhouse approvals and make them better. Parker noted the Lift One project to
the east was pushed into the street and narrowing the right-of-way. The applicants felt the approved
plan could be improved in light of changed conditions and they propose to lower the heights, providing
open space, pulling buildings back from adjacent buildings. There are two constraints on the site; the 99
year lease with the Ski Company for on-mountain parking and the Barbee easement which is a
restriction on development in the lower corner of the site.
Parker show a slide of the site with the existing 4 curb cuts. The applicants spent time with the
parameters and the changes in the neighborhood to try and figure out how to make the project better.
When the applicants brought this back to Council, they requested the applicants to again look at a hotel
on this site. The applicants spent time on that and could not make a hotel work other than one of such
a size and scale that it was close to the project not approved in 2009. There are existing entitlements
for this site and a building permit could be applied for today.
Parker said the Lift One project makes a difference in the neighborhood and to this project; the proposal
is to pull the units to the west to open the corridor and keep the street grid, have some green space and
a transitional feel between town and the mountain. Parker said the applicants strove to address
impacts the approved project has on the neighborhood. The approved project has 3.5 times the
required affordable housing, on site, with resulting impacts and buildings closer to adjacent neighbors.
The applicants do not propose to reduce the total affordable housing. The applicant proposes to move
the location of the Ski Company parking lot from off Juan street and locating it lower on the hill which
should improve the safety and the load of traffic on South Aspen street.
Stephen Holly, architect, showed the site, the development in the area, the grid meeting the mountain,
how the buildings integrate up the slope. Holly reminded Council the COWOP proposed to break South
Aspen street up at the top. In this proposal, South Aspen street and the landscaping along it define the
grid. The city recognizes this as the mountain base character area and it is recognized as more organic,
more curvilinear, more generous setbacks to allow the connection of the pedestrian with the mountain.
The design objectives for the area state that development should provide compatible transition to the
natural edges, buildings should be articulated to reduce the apparent scale and buildings should respect
the natural contours and vistas. Holly pointed out the current approved plan does none of these, the
structures abut the street and the ability to see the mountain gets impaired.
Holly showed changing the retaining walls from the exterior of the project to interior and use the
structures along the topography especially the upper end of the site against Shadow mountain
townhomes with a townhome in a 15’ hole, an extreme transition between the neighbors. The benching
Regular Meeting Aspen City Council July 8, 2013
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is significantly reduced. There are also large retaining walls adjacent to Juan street, which in the
proposed plan has been reduced. The side yard of the Juan street development is on the applicant’s
property; every proposal has honored that except the currently approved plan which is built up against
their lot line with their views and solar access cut off. Moving the structures back in the proposed plan
provides relief and maintains the grid. This is done by honoring the grade. The approval of Lift One
Lodge removes all parking from South Aspen street. Holly pointed out the townhomes have been
separated out into individual modules providing space between to allow sight lines, which is not in the
current approval.
Parker said the applicants purchased this site in 2010 and spent 3 years looking at options and they are
ready to build a project. There is a plan in place, which they will build; however, Parker would like to see
the plan improved to be more respectful of the neighborhood. The applicants are not asking for more
height, reduced setbacks or reduction in the total affordable housing mitigation. The proposed onsite
affordable housing is 35% above the code requirement; the offsite affordable housing would be in
Aspen. The applicants are not asking for any more density; the original free market FAR on site is 52,100
square feet; the proposed plan is 48,000 square feet, less than what is approved. Parker said the
applicants feel this proposed project is more in line with community guidelines; it is lower in height,
opens up the views, is a better pedestrian experience, works with the topography and does not diminish
the quality of life.
Councilman Daily asked the obstacles of a lodge project on this site. Parker noted Aspen is a seasonal
market with high occupancy in the summer and winter and the economics are difficult to make work
because of the occupancy and the building costs. Parker said the exactions for a hotel are hugely
expensive, even thought Council did say they were willing to work with the applicant on those. Parker
said they could not make the economics work without making the hotel very large and without
residential components. Parker said they looked at a 50, 75 and 100 room hotel and a 5 story hotel and
as large as a hotel turned down during the first COWOP process. Lending institutions were not enthused
about the lodge proposal. Parker reiterated they purchased the site to build a hotel.
Councilman Frisch asked if there is a way to have some of the space on these parcels be lodge. Parker
repeated their goal is to see a hotel. The applicants have discussed this goal with the owners of the
project across the street to the east. Councilman Frisch asked if the major staff objections are moving
affordable housing off site and not sticking to the city grid. Ms. Phelan noted these are multi-family
dwelling units with a substantial affordable housing on site; the approving Council saw benefits in added
density on this site. This proposal lowers density on the site. There are additional curb cuts in the upper
parcel than the approved project. Ms. Phelan said the applicants could more creatively address the
retaining walls and make them part of the project. Ms. Phelan pointed out there is a limited number of
vacant sites in town and this proposal would eliminate a substantial number of affordable housing units
on this site. There are limited opportunities for development within the city; this site seems a good
opportunity to keep density near the commercial core. Ms. Phelan said Council needs to decide if they
are comfortable with the amended townhome project on this site.
Mayor Skadron said he like the site the way it is; open, organic, accessible and venerable. Mayor
Skadron said Lift One is for skiers and for Aspenites. Mayor Skadron said dense communities bring more
intensity and a mix of people to town.
Mayor Skadron opened the public hearing.
Regular Meeting Aspen City Council July 8, 2013
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Larry Magus, president Lift One Condominiums, told Council their property is contiguous to the subject
property and they are one of the most affected pieces of property. Magus said between the two
proposals, he feels the revised application is superior; it is better for the applicants and for the
neighborhood. There is more separation between the two and there are sightlines between the
buildings. The developer worked with Lift One condominiums to reduce the impact. Christina Cortez,
Lift One resident, said the second proposal is better than the first; it takes better care of the traffic and
the views. Mack Boelen, property manager Lift One, said the developers asked for input from Lift One.
The owners are happier with the second plan.
Bob Woerschler, Lift One, said the developers tried to take every interest group and tried to find
solutions for everyone and still have a viable project. Denis Murray, Trainor’s Landing, pointed out this
amended proposal eliminates 15 parking spaces from Timberridge and eliminates the Aspen street
access to the parking facility. There is no pedestrian access from Trainor’s Landing to town and this new
access impacts Trainor’s Landing. Murray noted the 22% reduction up the hill results in an over 50%
increase in Trainor’s corner. Derek, Timberridge, agrees with Murray; the impacts on parking and
increased traffic at this corner will be substantial for their condominium. Mary Barbee said this is one of
the most sensitive developments in this area and it accomplishes the goal of the community.
Mayor Skadron closed the public hearing.
Parker said the parking referred to as being eliminated at Timberridge goes away in either plan; there is
no degradation of parking in the proposed plan. The approved plan has the entrance to the parking
garage off Juan street so there will be traffic on Juan as well as Aspen. Parker said by reducing density
off site, the traffic is being reduced.
Parker reiterated both the applicant and the city have spent a lot of time in trying to make a hotel work
on this site, including Council telling the applicant they were willing to throw out the rules. The
applicant could not make a hotel work. Parker told Council the applicants would rather build this
proposal than what is approved for this site. Mayor Skadron asked about COWOP II, which left with a
positive feeling and a chance of Council approval and a project that could have worked. Mayor Skadron
asked why the applicant is not proposing COWOP II. Parker told Council when the present applicants
inherited COWOP II and ran the numbers for over 6 months, they could not make it financially viable.
The easiest thing would have been for the applicants to present a project like COWOP II to Council.
Mayor Skadron asked if the townhome project could be achieved using less land by compressing the
development and leaving the remainder of the site available for lodging. Parker reminded Council a
year ago the applicant offered the lower portion of the site to the city if the fees were decreased or
eliminated and the city said they were not interested in being in the hotel business. The applicants have
looked at that alternative as recent as last month. Bendon said the issue is whether the applicant’s
goals could be achieved with half the land and still leave land for a lodge in the future. Councilman
Frisch agreed the highest and best use for the community is different than the highest and best use for
financial institutions. Councilman Frisch said the community is interested in short term
accommodations and there may be a way the city gets involved financially. Bendon noted 2.5 acres at
the base of the ski mountain will not come available again and one question is whether the property can
be used to help bolster the bed base. This may be wholly owned town homes with a guarantee they be
in the short term rental half a year.
Parker told Council the applicant looked at different scenarios, like cabins or lodges on smaller parts of
the site, and found no successful solution. Parker stated they will continue to look at lodging options
Regular Meeting Aspen City Council July 8, 2013
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until the project starts. Councilwoman Mullins agreed this is a good site for lodging with most of the
infrastructure already in place. Councilwoman Mullins said if this a townhouse project, it would be
better to have more density, rather than less, on site including more affordable housing. Councilwoman
Mullins stated she feels the proposed plan is too suburban and takes away from the grid. The proposed
open space does not tie into other open space in town. Councilwoman Mullins said she cannot support
this proposed plan.
Councilman Romero said he likes this proposal from site planning and view planes and the configuration
of the properties and the use of the topography. Councilman Romero stated he favors lodging on this
site but is not in favor of a hybrid project. Councilman Romero said he would like to have more
information about applying COWOP II to this site. Parker reiterated a certain number of rooms are
needed to make a hotel viable; a bigger site would help. The city cannot affect the occupancy levels to
help make a lodge viable. Parker said the factors that would make the difference in providing a lodge
project are not those the city can do something about.
Councilman Daily said he feels like this proposal is an under-utilization of a significant parcel.
Councilman Daily stated he is not a growth proponent; however, Aspen does need to revive and
upgrade the lodging stock and affordable housing stock. Councilman Daily said the proposal seems
minimalist and suburban but in the end it might be what is approved for the site. Councilman Daily
suggested another look at can some measure of additional housing, free market and/or affordable, be
added to the proposal and still preserve the attractiveness and the impacts on the neighborhood.
Councilman Daily said he would like to look at a slightly larger project providing for the needs of the
entire community. Parker said they have looked at expanding the project but there are physical
constraints, like the mountain and streets.
Parker told Council the applicants will go back and look at the analysis that have been done and look at
working with the city on some of the required mitigation. Councilwoman Mullins said the issues for
Council and for the applicant are the physical design, the design and the mix of development types.
Councilman Frisch said there is flexibility with non-physical mitigation if the project contains a lodge
component. Councilman Frisch said he favors the trade off of hot beds and density on this site only with
a lodge component. Mayor Skadron said he would have difficulty supporting a project that does not
support the city’s bed base in some capacity and is willing to have the applicant explore this one more
time. Parker told Council they will look at this again. Bendon said staff will work with the applicant,
including a lodging hybrid, and hope to come back with a project that has staff support.
Councilman Frisch moved to continue Ordinance #23, 2013, to August 12; seconded by Councilman
Romero. All in favor, motion carried.
CALL UP NOTICE – 208 E. Main Redevelopment
Councilwoman Mullins recused herself due to conflict of interest. Chris Bendon, community
development department, reminded Council after all conceptual approvals at HPC or P&Z, Council has
the opportunity to call up that action. Bendon said this is a proposed addition to the rear of the
property and HPC approved the project 5 to 2. Council agreed to rely on HPC’s 5 to 2 vote and not call
up this item.
Regular Meeting Aspen City Council July 8, 2013
12
Councilwoman Mullins moved to go into executive session at 9:40 p.m. pursuant to C.R.S. 24-6-402(4)(b)
(b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on
specific legal questions on 3 items which cannot be disclosed; seconded by Councilman Daily. All in
favor, motion carried.
Councilwoman Mullins moved to come out of executive session at 10:40 pm; seconded by Councilman
Daily. All in favor, motion carried.
Councilman Romero moved to adjourn at 10:40 pm; seconded by Councilman Frisch. All in favor,
motion carried.
Kathryn Koch
City Clerk