HomeMy WebLinkAboutminutes.council.20160111Regular Meeting Aspen City Council January 11, 2016
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ASPEN PUBLIC FACILITIES AUTHORITY ANNUAL MEETING ....................................................... 2
SPECIAL ORDERS OF THE DAY ............................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBER COMMENTS ............................................................................................................ 3
CITY MANAGER COMMENTS ................................................................................................................ 5
CONSENT CALENDAR ............................................................................................................................. 6
Resolution #1, Series of 2016 – Designating the Public Place for the Posting of Notices for Public
Meetings ........................................................................................................................................................ 6
Resolution #3, Series of 2016 – Approving a Ditch Easement for Holden-Marolt Ditch .................... 6
Minutes – December 14, 2015 .............................................................................................................. 6
NOTICE OF CALL-UP – 517 e. Hopkins Ave ............................................................................................ 6
RESOLUTION #2, SERIES OF 2016 – Carry Forward Growth Management Allotments ......................... 7
ORDINANCE #48, SERIES OF 2015 – Residential Design Standards Code Amendment ......................... 7
ACTION ITEMS – Call-Up of P&Z Approval – 200 S Aspen (Hotel Lenado) ......................................... 10
Regular Meeting Aspen City Council January 11, 2016
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ASPEN PUBLIC FACILITIES AUTHORITY ANNUAL MEETING
Don Taylor stated the APF completed the financing for the ISIS building. The Corporation issued the
bonds that the City stands behinds. The financing will go for another 15 years. We are required to have
an annual business meeting. Mr. Skadron called the meeting to order with Authority members Taylor,
Frisch, Mullins, Daily, Myrin and Manning present. Mr. Taylor stated the tenants are current on their
lease payments and we are current on our debt payments. Mr. Frisch moved to approve the minutes from
the January 26, 2015 meeting; seconded by Ms. Mullins. All in favor, motion carried. Mr. Skadron said
go to the Isis and see a movie. Mr. Frisch moved to keep the officers the same; seconded by Ms. Mullins.
All in favor, motion carried. Mr. Frisch moved to adjourn at 5:05 p.m.; seconded by Mr. Daily. All in
favor, motion carried.
At 5:05 pm Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Frisch,
Myrin and Daily present.
SPECIAL ORDERS OF THE DAY
Swear in Police Office Danielle Madril. Terry Leitch, police, said Danielle worked for 911 dispatch for
nine years then community response for one and a half years and is now a police officer. Mayor Skadron
swore in Daniele.
Proclamation for National Mentoring month in Aspen – The Buddy Program. Laura Crow and David
Houggy from the Buddy Program said the program has been around for 44 years. 1 in 10 kids are in one
of their programs. They are currently looking for volunteers and have 44 kids on the wait list.
CITIZEN COMMENTS
1. Emzy Veazy III said traffic around the gondola is dangerous and there should be someone out
there to direct traffic. Clean up the snow and ice now instead of later. The sidewalks need to be
shoveled. He brought up the suggestion to Snowmass Village of an entertainment district.
2. Peter Fornell said he read the paper today and found some things disappointing. Our community
has counted on voting in people to run our community for us. He said he takes a direct offence to
the radicalized Aspenites who take the road of the initiative process to undermine the jobs we
hired you in for. He said he is here tonight to encourage the public to not sign every petition in
front of City Market but think about it. It is a much better idea to have the professionals of ci ty
hall to do the jobs including hiring. He encouraged people to not just sign every petition they see.
Mr. Ireland wrote a good letter about the plight of the people at Centennial. He said he feels for
them but we have looked at that building for a lot of years and they are the ones who own it and
are in charge of ongoing maintenance. It is not the fault of the community because they did not
maintain it. It would have a lot more validity if they would return the money to the capital fund
that was given to them. He said he wants to make sure the community knows that everyone up
here is doing the job that has been asked of them and we have a method of getting rid of people
when they have been doing a bad job. To keep them from doing the job they were hired to do is
counterproductive to everything we have been trying to accomplish.
3. Max Schwartz, Aspen Country Day School Student, said most schools get Martin Luther King
Day off but theirs does not. They would like to do a day of community involvement to honor
him. Liliana Jacobson said the third and sixth grade will have art work going in gondola plaza
and they want others to sign their dreams on the art work. The third graders will read the I had a
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dream speech on the radio and the sixth grade is making meals for the path finders. Brendon
Reed said the kindergarten is doing a lesson on the I had a dream speech, the second grade is
volunteering at the animal shelter, the fourth grade is visiting Whitcomb terrace, the fifth grade is
cooking for the homeless shelter and the eighth grade is focusing on helping the homeless.
Annie Cain said they feel they have a responsibility give back. Dr. King said greatness is
determined by service.
4. Neil Siegel said he and Maurice share an intense desire for efficient leadership but we come at it
from opposite sides. He is commenting on the continued attempt to pressure council to appoint a
special citizen committee to participate in the process of selecting a replacement for the
community development director. The process is open and allows form more than adequate
participation and ultimately is fair. Some want more. The argument is having P&Z and HPC
involved politicizes the process. Yet stacking a citizen board with like-minded people does not.
A comment like that would not pass the ha ha test and is a waste of time. One may disagree with
the P&Z and HPC decision. The notion that they act in anything less than the best interest of the
city is a very mean spirited and inaccurate association. There is a near term and long term
strategy that needs to be made public. The near time is an obvious attempt to back the city in to a
corner. The long term is even more pernicious. Appointing a panel here, where it is clearly not
needed sets a very bad precedent. This methodology balances all interests. Please do not be
swayed.
5. Bill Stirling stated in a few weeks you will have long term planning and goal setting session and
he would like Council to think about adding something. He said he was chair of the
AspenModern taskforce. To date about 12 properties have been designated. We are virtually the
only Colorado municipality to introduce legislation to recognize such architecture. The AACP
already makes references to AspenModern and the built environment. In addition to actual
buildings in the downtown commercial core is the malls. He hopes Council includes the malls
and the AspenModern program as an important emphasis in 2016.
6. Marcia Goshorn said eventually Council will get a petition for having citizens on a panel to talk
to the applicants for the com dev director. In the last year Council put a great deal more power
into the hands of the com dev director including fast tracking approvals. Whoever gets hired
needs to know we are a historic town first.
7. Steve Falendar said he wrote a letter to Council October 1 about limited cross town shuttle and a
follow up in November and December. He received responses from Adam and Ann but none
from other Council or Staff. What is an appropriate amount of time to wait for a response? The
cross town shuttle is a seasonal bus beginning at 8:15 and ending at 8:36pm. The last bus ends
too early. It would be more productive if it added a half hour in the morning and two hours in the
evening. The election issue he raised dealt with underground parking for Base 2. He said he felt
Section 2.02.110 of the charter was in violation. He received no response from the city attorney.
Jim True, city attorney, said he did receive letters and is happy to discuss this with Mr. Falendar.
The provisions are not in the charter but in the election code and he does not believe they are in
conflict nor does he believe Council was in violation. There are nuances that are important to
discuss in detail.
8. Mario Zulian said in the January 6 paper there was an article that stated he will no longer be able
to stay at the gas station that was to be Base 2 lodge. The whole process created the idea of a
green gas station. He is hoping for a chance to present to Council since the developer is not open
to the idea. He wants to thank Aspen for the support he is getting.
COUNCILMEMBER COMMENTS
Councilman Myrin handed out a packet of email and letters. Steve mentioned the election issue. We
need to let the community know when something goes from the Council table to the voters. We need to
let them know if it will be constantly moving or not. I believed Base was closed. This leads in to Base 1
parking. He reinforced if anything comes up with the parking that Staff brings it to Council. I would like
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to see something on site. In 2016, he would like to bring back second Tuesdays and have meetings to
work on proactive solutions. The timeslot is currently empty. He also suggested increasing the reporting
frequency for local elections. Council has the ability to increase the reporting frequency. A potential
topic for a second Tuesday might be looking at affordable housing credits for existing commercial when it
is redeveloped. The basement of Cooper Street Pier was a trade in exchange for something the city did
not receive, a locally serving space. The bargain was received on the developers side but not received on
the communities side yet. Council should work harder on this this year. Sometimes Council does voice
votes and sometimes roll call votes. He suggest it be all roll call votes. Accountability to the community
is important and you get that with a vote by name. He passed out emails and letters including the issues
Marcia raises that are happening outside of Council because that is where things get done. John
Galambos emailed Council suggesting com dev be two positions rather than one. He said he would
support having a conversation around that. There was an email from January 3 and December 30 and the
petition from Maurice and Marcella asking for the process to be different. There is also a resolution for
the process to be different. He passed out the home rule charter and asked for an amendment to add the
director of planning to the same level as the city clerk and finance director. He said he disagrees with Bill
on building lot line to lot line on the mall. The south edge of Cooper is not that way and is successful.
We as Council should be accountable for land use especially, and at least as accountable as the city clerk
and finance director.
Mayor Skadron said it would be a professional courtesy to approach each Council Members one on one
instead of unloading at the Council table. He is holding Council hostage by saying unless you do it my
way I will be out in front of city market petitioning. Councilman Myrin stated he does not agree with
what you said at all. You know what is going on, there is no secret. Marcia said what is going on that
there will be a petition and I would like to resolve it without a petition. You made it clear to the
community that you can buy elections, I don’t think that is true. Mayor Skadron stated it would be a
professional courtesy to your fellow Council Members to approach them prior to a public meeting and
unloading an abundance of information everywhere from changing how a vote is called to changing the
charter.
Councilman Daily said the idea of putting further use to the second Tuesday is something he would like
to give more thought to. To talk about things in an informal context can be more productive. He is
willing to consider further the idea. The idea of amending the home rule charter does not appeal to him.
Councilwoman Mullins wished a happy new year to everyone. Councilman Myrin’s suggestions merit
more thought before being thrown out to Council. Bill, thanks for the support of the AspenModern
program. Steve, I certainly support any expansion of the cross town shuttle. Her hope for this year is to
work together as a group and move things forward as a group.
Councilman Frisch wished a happy new year to all. We are a very diverse community and it is important
to have a diversity of thought as well. Steve, Jim and I shared emails and it got lost. He would rather
know what all the wants and needs are and the metrics and how to make a rational judgement. He is
supportive of increasing all the bus things but not to the point of an unlimited amount of money. On the
election issue, Bert called it the constantly moving what are we voting on and that is fair to say. The last
thing you want to have a vote on is what are you voting on. He is fully supportive on doing that. On
Cooper Street Pier, we had that discussion before. The space is dead and it has to be a restaurant. My
view is I would rather have someone in there than no one. Maybe we can revisit that at some point. The
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chance of waiting for a restaurant may need relooked at. On voice or roll call some things are mandated
and some are up to the mayor. He is happy to have that discussion at some point. One of the most
frustrating things of being up here is not having enough time to talk to fellow council members. The most
underutilized part of council chambers is the far end of the room. If we can have a discussion without
adding a meeting that is great. If we need to use the second Tuesday that is ok. He has no problem
supporting changing the name to planning department. As to the letters about petition and voting. To
him, the big thing is there wants to be some type of public involvement. The less city council gets
involved the better. I work for the people. It is really important for that person to know who they work
for. That is what I don’t want to get into. I want to make it very clear that person works for the city
manager. We already have public boards in P&Z and HPC but these people don’t like the current make
up and want other people involved. I don’t think we want four or five different groups involved. He is
happy to explore some of this stuff but wants to hear what the city manager has in mind. He is fully
supportive of a public process but does not think we need 27 layers. He appreciates people have a valid
concern. At the end of the day, staff has never cast a single vote for or against a single application. Yes
staff can give direction or advice. They have never cast a single vote for or against an application.
Mayor Skadron said the mountain has never skied better. He gave a huge thank you to every service
worker in town. It was one of the busiest holiday season in recent memory. This week starts the 61st
Winterskol and it kicks off Wednesday night. He gave a nod to Ziska Childs and her entrepreneurial
spirit for buying a tesla and signing up for Uber.
CITY MANAGER COMMENTS
Steve Barwick said for the community development director recruitment there is one week left and we
have not received a lot of applications. We will extend it for another three weeks and do a lot of things
that head hunters do including direct outreach. The name change is entirely within the purview of City
Council and must be done by ordinance. The process is extremely open and no members of the
community is excluded from attending the interviews. Council is specifically excluded from participating
in the process.
Jim True said they can certainly do that with a charter amendment. The petition says recommend to
Council. The charter is very clear that Council cannot dictate the appointment that is hired by the
manager and can’t interfere with the exercise of his judgement. You can change the charter and have it
like the clerk and finance director where it has to be appointed with approval of the Council but that is not
what it says not for this position. Councilwoman Mullins stated she thinks we lost our sense of direction
here. The community development director is hired by the city manager to implement land use code.
What we have to manage is the land use code. The hiring process doesn’t need to be changed as long as
we are satisfied the land use code is correct. Too much power has been attributed to the director to do this
or that. Chris never voted on anything. He didn’t do any more than implement what was in the land use
code. If we don’t like the projects that came out of it, it is up to us to not to determine who is hired to
implement the code. Mr. Barwick said changes to the department include splitting administrative away
from planning. There are contemplated changes about the department but I have not made up my mind
about any of it. Councilman Frisch asked him to talk about timing. Mr. Barwick said they anticipate
applications coming in to the first week of February. Councilman Frisch asked as far as the public
involvement there is unofficial and official. Mr. Barwick said there will be interviews and meet and
greets.
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Councilman Myrin said he understands where we are but finds it awkward. As elected officials we
should be accountable for final approval or remove the clerk and finance director from the home rule
charter.
CONSENT CALENDAR
Resolution #1
Councilman Myrin suggested amending the resolution to include the front vestibule instead of just the
glass box. Councilman Myrin moved to amend Resolution 1, Series of 2016; seconded by Councilman
Frisch. All in favor, motion carried.
Resolution #1, Series of 2016 – Designating the Public Place for the Posting of Notices for Public
Meetings
Resolution #3, Series of 2016 – Approving a Ditch Easement for Holden-Marolt Ditch
Minutes – December 14, 2015
Councilwoman Mullins moved to adopt the consent calendar; seconded by Councilman Frisch. All in
favor, motion carried.
NOTICE OF CALL-UP – 517 E. Hopkins Ave
Councilwoman Mullins said HPC approved option A but staff is recommending option B and she asked
to see option B. Justin Barker, community development, showed images of both options. No variances
have been requested. In Option B the center module is pulled to the edge of the property. Councilwoman
Mullins said option B follows the guidelines better as far as massing and presence of sidewalk. She
would call it up because option B is more appropriate. Councilman Frisch said if we are having the
discussion of option A or B it needs to be more of a discussion. He read the minutes and appreciates it is
a 6 to 1 vote. There are no variances. He thinks HPC made the right decision and was on track.
Councilman Daily said he is comfortable with the HPC decision.
Councilman Myrin said he would support Councilwoman Mullins and the call up if there is support at the
table for it. HPC made a decision that is not align with the street and that is what I would support as well.
The code is looking for what Councilwoman Mullins is looking for. It is an odd space and I don’t think it
happens often. The other part of the minutes that I agree with are Nora and the public amenity space
should belong on the street but that would push it back more.
Councilwoman Mullins said per the guidelines the development is to be up to the lot line. Option B
follows the guidelines much more closely. It is hard to look at these and not think materials and
fenestrations. She would like HPC to take a look at these again. Councilman Frisch asked if the heights
are the same in both. Mr. Barker replied yes. Councilman Frisch said this does a much better job in the
context we are working with. As proposed it is substantially shorter than what is there. This ebbs and
flows more than option B.
Councilman Myrin said if we call it up does it give us the opportunity to have the conversation with the
code. He said he is hesitant to call it up because he likes the result but the code doesn’t give us this result.
Jessica Garrow, community development, said the city today released an RFP to update the commercial
design standards to look at the design guidelines and historic design guidelines and public amenity space.
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At the next meeting Council will be seeing updates to the historic preservation guidelines but more on the
residential side. Councilman Myrin said it helps in being consistent.
Councilwoman Mullins moved to call up 517 E Hopkins; seconded by Councilman Myrin. All in favor,
except Councilmembers Frisch and Daily. Motion carried.
RESOLUTION #2, SERIES OF 2016 – Carry Forward Growth Management Allotments
Sara Nadolny, community development, stated at the first Council meeting of each year Council
determines how many allotments, if any are to be carried forward for potential use. An allotment is a
measurement, if granted, that allows development to take place. The purpose of growth management is to
limit allotments to ensure stable growth occurs while maintaining community character and ensuring
adequate public facilities. There are a set number of allotments that start anew each year. Commercial
allotments are measured and capped in square feet while single family and lodge are measured in units.
Commercial allotments start off at 33,300 square feet, free market with 18, and 112 lodging allotments.
These represent between .5 and two percent yearly growth. There are no limits on affordable housing and
public facilities. In 2015 allotments were utilized leaving a balance of seven free market, 4,600 square
feet of commercial and 80 lodging allotments. These are available to be rolled over into the 2016
allotments if Council choses. The growth rate has remained fairly consistent over the past few years and
Staff does expect some applications for 2016 but believes there are enough allotments to accommodate
these developments. Staff is recommending no portion of the available allotments be rolled over to 2016
at this time.
Councilwoman Mullins asked how you can predict that so early in the year. Ms. Nadolny replied they
have some knowledge of the projects that have gone through conceptual and what are in the works.
Councilwoman Mullins stated she would support not rolling over the allotments.
Councilman Frisch said there are a tremendous amount of applications in the process. He has no interest
in furthering that until we have dived into broader conversations.
Councilman Myrin asked when was the last time they were rolled over. Ms. Nadolny said 2013 and that
was only lodge. Councilman Myrin asked how did that turn out with the two year average. Ms. Garrow
said in 2014 we used two year’s worth of growth there. Councilman Myrin asked what time of year did
we run out. Ms. Garrow said it typically takes a full year. In the most recent past there have been
allotments to roll over. Councilman Myrin said he support Staff.
Councilman Daily stated he also support staff.
Mayor Skadron opened the public comment. There was none. Mayor Skadron close the public comment.
Councilwoman Mullins move to adopt Resolution #2, Series of 2016; seconded by Councilman Frisch.
Roll call vote. Councilmembers Frisch, yes; Myrin, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
ORDINANCE #48, SERIES OF 2015 – Residential Design Standards Code Amendment
Mr. Barker told the Council these changes will improve the existing process and better organize the
standards as well as clean up the confusing language within the standards. It is not a complete rewrite of
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the chapter. Staff has presented to Council, had multiple check-ins with the community, met with and
advisory committee and P&Z. The purpose of the standards is to ensure a strong connection between
private residences and the public street, ensure buildings provide articulation to breakup bulk and mass
and preserve traditional neighborhood scale and character. The two major challenges with the current
standards are a lack of clarity in the administrative review process and a lack of flexibility. The first
change is to clarify the review process prior to submitting for an application. It will simplify and
streamline the process by requiring a planning review prior to review submission. The second change is
flexibility amongst the standards. The current standards dictate style and don’t respond to context.
Solutions include adjusting the applicability of the standards and allowing for alternative compliance.
You would be required to meet the letter of the standard as written or provide alternative compliance or
the overall intent. It does not eliminate any of the standards. Staff believes some of the standards should
not allow for administrative flexibility and would require a P&Z review for variation from the language.
Staff feels these are important and provide the greatest impact on the public realm. Some of the other
updates include a reorganization of the RDS chapter and making it easier to understand to read and
improving the graphics. Changes since first reading include language refinement of the intent statement.
The entry connection standard statement has been changed with regard to Smuggler. Staff is
recommending adoption.
Councilman Daily said the staff memo is sound and they have reviewed this before.
Councilman Myrin stated Smuggler has been on his list for years. They saw this come through P&Z. He
is very happy to see this solution acknowledge the entry doors. One option is to be exempt. Another is
for the 25 feet and the third is the one proposed by Smuggler. Mr. Barker said it is the R3 zone.
Councilman Myrin said rather than a site specific amendment could it be zone specific. Mr. Barker said
we don’t know what else could be in that zone in the future. Councilman Myrin asked for the difference
in the 25 feet and what the HOA has requested. Mr. Barker said the only difference is a variation in the
size of the porch requirement. It is feasible for the majority of the properties then a potential alternative
compliance option. Staff felt it was more appropriate for a site specific amendment that an overhaul of
the residential design standards.
Councilman Frisch outside of Smuggler it is consistently good. He thinks the residential suggestions are
strong. He appreciates the struggles Smuggler has gone through but does not think this is the right place
to address it.
Mayor Skadron asked for a comment on the public outreach and what was proposed and the reaction to it
for the review process. Mr. Barker said they had overwhelming positive feedback. It is making it clearer
to understand. It is a cleaner process. It will be a simple one step process.
Mayor Skadron opened the public comment.
1. Sam Barney and Troy Miller. Mr. Miller said he has lived in Smuggler for 20 years and is
representing the Smuggler HOA board. The board appreciates the standards and want to keep
Aspen nice. The lots are small, under 3,000 square feet with no alleys. Staff has been very
helpful. They have three requests; smaller front porch size, smaller front window element and
where the light wells can be located. Currently each home owner has to deal with this on their
own. The lots are virtually identical. It would be silly to have to ask with each one.
Mayor Skadron said his reservation is this is zoning specific. Is there an opportunity for us to
support these requests without it becoming a com dev nightmare or being inappropriate? Mr.
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True replied you do have to be very careful about carving out specific areas in the residential
design guidelines. This is for the entire city and carving out an exemption for one area would be
very difficult. Ms. Garrow said our recommendation is this is a unique area and it should be dealt
with on a site specific basis through a PD or through amendments to the R3 zone district. Staff
recommends moving forward with the RDS as drafted and then an amendment related to
Smuggler.
Councilman Frisch said a lot of the standards are written off of a grid on the west end. I would
hate for us to get involved in individual lots. Mayor Skadron said you deserve a benefit because
of the unique site constraints but we need to be fair to the rest of the community.
2. Bill Stirling, 118 Maple Ln, said this is a really interesting problem here. There are 86 lots on 10
acres. It is absolutely unique. It is the only affordable housing subdivision in Aspen. It is
preserving one of the most valid local communities. All the lots are tiny. These are special
because they are small. The window well is fundamental. It is another creative Aspen first. It is
an incredible, functioning, interesting neighborhood. Don’t tie our hands but give us the tools to
create. If we can’t fit these in we need to go forward with the other amendments.
3. Leslie Kurly, 108 Maple Ln, said she is planning on building in the spring. She has been working
with planning since August and is hung up on the window wells. All these process things are
costly.
4. Ms. Warming said the fees are hard including architect fees.
5. Steev Wilson said he is part of the volunteer committee working on the RDS. He commended
staff on a wonderful process. He thinks it meets the original intent but finds a good middle
ground. It was a very successful process and was a privilege to be a part of it.
Mr. Miller read the HOA’s proposed language for front porch size for lots located in Smuggler park and
Smuggler Run Subdivision is not required on the front façade but the front most element shall be within
25 or 10 of the front most wall of the building, a minimum depth of five feet is required and a minimum
of 25 square feet is required unless specified the porch shall meet all other requirements of the standard.
Mayor Skadron read the lightwell location does not allow light wells in front of a street facing wall of a
home. Mr. Miller said being allowed to put the light well in the front frees up space in the side yard if
someone were to have a garden or dog if they wanted to have a dog on a small lot.
Councilman Myrin said if there is a way to do it as a zone district amendment he would support that
approach. There might be a way to get there relatively quickly. Ms. Garrow said she is not sure if they
would support some of their requests particularly the lightwell and it might be more effective on a site
specific basis. Councilman Frisch said he is not sure he can help you on the timing but he’s happy to help
you with the fees. I think it is a community trade off that is worth wile. Councilman Myrin said he is
supportive of either path.
Mayor Skadron said we could address the smaller front porch tonight but not light wells. Ms. Garrow
said they would recommend a four by four window as the code is written now makes sense even on these
smaller lots. They are less concerned with that then the light well. The standard is to help with the
pedestrian interplay. Mr. Barker said it is included as a flexible standard for the home owner to plead
their case.
Mayor Skadron said they are concluding that perhaps two of the requests could be included in the
ordinance. Ms. Garrow said they could incorporate the change into the ordinance and call out the R3 or
Smuggler Park and Smuggler Run or take a step back and process this under a planned development.
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Councilman Daily said he thinks the more comprehensive solution is the long term solution but he wants
to expedite this amendment. He support the comprehensive solution.
Councilman Frisch said he is happy to support the comprehensive solution with the ability to waive some
fees.
Councilman Myrin said he would approve as staff has written and lean towards changing the zone rather
than a PD amendment.
Mayor Skadron closed the public comment.
Councilwoman Mullins moved to adopt Ordinance #48, Series of 2015 with the intention to process a PD
amendment and correction to the numbering; seconded by Councilman Daily. Roll call vote.
Councilmembers Daily, yes; Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried.
ACTION ITEMS – Call-Up of P&Z Approval – 200 S Aspen (Hotel Lenado)
Jennifer Phelan, community development, told the Council this call up is for conceptual commercial
design review on the redevelopment of the Hotel Lenado. Council can accept the decision, remand it
back to P&Z with direction for reconsideration or continue the meeting for additional information. On
November 17, 2016 P&Z approved conceptual commercial design review and growth management
review with a new mixed use building that will contain two free market units, two affordable housing
units, four lodge units with nine keys and nine parking spaces. The existing has 17 lodge units with 19
keys and two affordable housing units. The project had been discussed at four meetings with P&Z.
Design changes occurred each time. Staff recommended continued revisions each time including
reduction in height and mass and further refinement with grade and public amenity space and more
compatibility with the neighborhood. The commercial design standards the project is subject to are the
small lodge character area. The design objectives include how the lodge relates to the neighborhood. The
conceptual commercial review deals with placement, size and location of the building. At the final
meeting staff recommended denial and felt two standards needed more work, 5.5 – reflecting lot width by
varying the heights, modulation and façade heights. Staff also felt 5.7 needed more work where the
building should respect the traditional lot width and scale of the context in form and variati on of the roof
scape with lots greater than 60 feet wide. Overall staff felt the underlying zoning was met but there was
still too much mass and it needed more articulation. Although P&Z voted to approve, Staff feels it needs
more work. It could be smaller and could fit better with the neighborhood character. She still does not
think it is there. She recommends it is remanded back to P&Z to look at the mass and scale particularly
on the Hopkins side.
Steev Wilson, representing the applicant, showed images of the Aspen Street façade. The property is
located in the mixed use zone district between the commercial core, R6, residential multi-family and
lodge zones. It is a transitional neighborhood. They looked at the uses that could go in the mixed use
district. There are a number of single family residences across the street. They looked at retail and office
and it was not what they wanted. It could be purely affordable housing or free market. They were
encouraged to do a mixed use building. They wanted to take advantage of the small lodge incentive
program with the first design. It did not go over well at P&Z. They pulled 4,500 square feet out of the
building and reduced the mass quite a bit. P&Z felt it was still too much a commercial building and felt it
did not engage the street very well and wanted more variation along Hopkins. The third design engaged
Regular Meeting Aspen City Council January 11, 2016
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the street more. They stepped the façade back more and added more variation. P&Z still felt there was
too much glass and it still looked like an office building. The final submission brought the height down
to 28 feet. It hid the garages along the back. There are three separate volumes along Hopkins to respect
the traditional lot widths. It backed off the total FAR around 400 square feet and reduced the height by
two feet from the existing. He showed images of the existing exterior and the proposed.
Councilman Frisch asked if there are specifications that it has to be rented out for some amount of time?
Ms. Phelan stated there are two issues. The current code says there must be a front desk and one guest
can’t stay for more than 90 days per calendar year or 30 consecutive days. In the 80’s the Lenado
requested condominimization. There are operational requirements that are carried forward from that.
There are limitations from use in the high season, on site management and on site central reservation
system specific to this property. Councilman Frisch said the use is in the process of going from a
traditional hotel on the outskirts of town. The plan was always going to be less than that. The thought
that this was going to be a traditional hotel is sad. The second thing is the building has gone from
something familiar to this. I give pause when someone comes in and can build 17,000 square feet and is
building 10,000. How often does P&Z or HPC provide a unanimous decision and Staff comes in and say
no. Ms. Phelan replied I think they recognize they have been through four meetings. Councilman Frisch
stated he appreciates that. Ms. Phelan said they recognize there is a code in place and it met that.
Councilman Frisch said how low can we expect people to go. Rarely do I see a disconnect between a
board and staff and that is what I am trying to digest. Ms. Phelan said she thinks the form could change
substantially. She thinks the gables are an attempt to reflect the form in the neighborhood.
Councilman Daily stated Staff has been consistent in its recommendation that additional work be done.
P&Z ultimately voted in favor despite Staff’s recommendation. I believe that Staff’s recommendation is
the one we ought to be looking to today. My vote is we remand to P&Z and ask the building be amended
as Staff suggest on page 194 of the packet. Those are consistent requirements that Staff has made and are
appropriate. He said he is not sure if Council has read Skippy’s comments. He voted in favor very
reluctantly. He is not sure whether additional changes can be made. I think Staff’s recommendation
continue to remain appropriate. Mass, scale and design can be amended to be compatible with the
neighborhood.
Councilman Myrin said having been on P&Z I’ve seen applications come forward where we spent
enormous amounts of time getting the mass right. I can understand why this ended up where it ended up.
The message has been consistent from Staff. We owe it to the community to do the very best we can. He
said he is supportive of Councilman Daily and Staff.
Councilwoman Mullins stated this has progressed a lot. P&Z made enormous progress. She does not
think you have gotten there yet. It is too commercial for the neighborhood. What is existing is a very
welcoming residential development. What is proposed is closed off and isolated. It is too inward focused
and closed off.
Mayor Skadron said this feels like a shell game. It seems as if the project is exploiting the floor area
allowance that may or may not be used as intended. If it is to be a lodge you are getting additional square
footage. You are getting a benefit based on the zoning. Will this function as a hotel per the operational
requirements of the city? Mr. Wilson replied of course. Mayor Skadron asked will you be working with
central reservations? Mr. Wilson replied absolutely. Mayor Skadron said the original hotel has 10,000
Regular Meeting Aspen City Council January 11, 2016
12
square feet of floor area the proposed has 4,000. If this is a hotel and you are using central reservations
why is the priority not given to it being a hotel and why the reduction in floor area? Mr. Wilson said the
numbers work better as a boutique hotel. Mayor Skadron said the math doesn’t make sense as a lodge.
He is sensitive to the overall size of the development but is concerned with the comments of the P&Z
members.
Councilman Frisch said that goes back to his original comment. Not only has the lodging been reduced
by half but the chances of it being filled up have reduced by half.
Mayor Skadron said he would remand this back and have P&Z consider a duplex or single family home
option. He is not convinced this will operate as a hotel unless they want to guarantee these rooms will
operate as a hotel and be occupied to our current hotel occupancy rates. Mr. Wilson said we have code
that says we will operate as a hotel and extra restrictions that says we will operate as a hotel. Mayor
Skadron said they are getting a benefit based on the zoning and use. He is seeing something that doesn’t
translate to a hotel. It could be a larger hotel component with smaller free market.
Councilman Frisch said there should be some focus on the top two bullet points.
Mayor Skadron stated this relates best to the residential character across the street and is most compatible
to the neighborhood as a duplex at 3,264 or single family at 2,928.
Councilwoman Mullins said she would support that or go back to the staff recommendation.
Councilman Myrin said this was an interesting conversation and he didn’t expect it to go where it did. He
is here to back up staff.
Ms. Phelan said the focus is to review the four bullets from page 194 and the Mayors sentence relating to
residential character across the street and the single family or duplex option.
Councilwoman Mullins moved to remand back to P&Z with the stated stipulations; seconded by
Councilman Frisch. All in favor, motion carried.
Councilman Frisch moved to adjourn at 10:50 p.m.; seconded by Councilman Myrin. All in favor,
motion carried.
Linda Manning, City Clerk