HomeMy WebLinkAboutminutes.council.20161212Regular Meeting Aspen City Council December 12, 2016
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SCHEDULED PUBLIC APPEARANCES - Mountain Day Proclamation................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 3
AGENDA DELETIONS ............................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #179, Series of 2016 – EOTC 2017 ½% Transit Sales and Use Tax Budget ..................... 4
Resolution #180, Series of 2016 – Acceptance of Wildfire Mitigation Grant ...................................... 4
Resolution #187, Series of 2016 – ACRA Services Agreement ........................................................... 4
Resolution #182, Series of 2016 – Cozy Point Ranch LLC Lease Renewal ........................................ 4
Resolution #183, Series of 2016 – Aspen TREE Lease Renewal ......................................................... 4
Resolution #184, Series of 2016 – Contract for Vertiba Building Permitting Software ....................... 4
Resolution #186, Series of 2016 – Ruedi Hydroelectric Plant, GE Maintenance Contract Extension . 4
Resolution #160, Series of 2016 – 2017 Mill Levy .............................................................................. 4
Resolution #169, Series of 2016 – Waste and Recycling Services ....................................................... 4
Minutes – December 5, 2016 ................................................................................................................ 4
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus (Lift 1A) Planned Development and associated
reviews .......................................................................................................................................................... 4
ORDINANCE #40, SERIES OF 2016 – Updated Building Codes .............................................................. 5
ORDINANCE No 40 .................................................................................................................................... 6
SERIES OF 2016 .......................................................................................................................................... 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 8 OF THE ASPEN MUNICIPAL CODE BY ADOPTING 2016 EDITIONS OF CERTAIN
INTERNATIONAL BUILDING CODES. ................................................................................................... 6
RESOLUTION #176, SERIES OF 2016 – Grey Lady Restaurant – Temporary Use Request .................... 6
RESOLUTION #177, SERIES OF 2016 – Sky Hotel/39 Degrees – Temporary Use .................................. 7
ORDINANCES 33, SERIES OF 2016 – Commercial Design Standards Code Amendment ....................... 8
RESOLUTION #176; SERIES OF 2016 – Grey Lady Restaurant – Temporary Use Request .................. 10
ORDINANCE #34, SERIES OF 2016 – View Planes ................................................................................ 10
Regular Meeting Aspen City Council December 12, 2016
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At 3:35 p.m. Mayor Skadron call the special meeting to order with Councilmembers Mullins, Frisch,
Daily and Myrin present.
Pursuant to C.R.S. 24.6.402(b), conference with attorney, Jim True, city attorney, requested Council
move in to executive session. Councilman Frisch motioned to go in to executive session, seconded by
Councilman Daily. All in favor, motion carried. At 4:55 p.m. Councilwoman Mullins moved to come
out of executive session seconded by Councilman Daily. All in favor, motion carried. Councilman
Myrin moved to adjourn the special meeting, seconded by Councilwoman Mullins. All in favor, motion
carried.
At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Daily, Myrin,
Mullins and Frisch present.
SCHEDULED PUBLIC APPEARANCES - Mountain Day Proclamation
Mayor Skadron introduced Chief AhTave, (Roland McCook) and read the Mountain Day Proclamation.
Chief AhTave said the mountains have been occupied by his people as long as their stories have been
told. We are now the caretakers of the mountains and they keep giving and sustain us and our livelihood.
Acknowledge that and give thanks. The mountains are our watershed and feed the valleys below.
CITIZEN COMMENTS
1. Randy Gold, real estate appraiser, thanked council for taking a pause in the chain store
conversation. The luxury stores offer a lot in terms of sales tax and offering jobs. It is a fallacy
to think banning chain stores will make retail more affordable. The spaces will more likely be
rented to second homeowners looking for a hobby, art gallery or jewelry stores. Aspen is a town
of ideas and forward thinking. This regulation is not progressive but a hammer on building
owners. He encouraged council to incentivize building owners to create the space voluntarily.
2. Bill Stirling & John Bennett said this has nothing to do with a ban but acknowledging the unique
small town character. Members of the committee want to propose a community roundtable to be
held at the Institute with landlords and business owners and council and P&Z and other Aspen
thought leaders as well as representatives from other cities with these restrictions. The goal
would be to try to achieve a community consensus. Mr. Bennett said it would be non-binding.
The committee would not gather names for a petition. What they are asking for tonight is a sense
of the council that they generally support the idea of limiting chain st ores in Aspen.
Councilman Frisch said he is not sure the solutions are much better than the problem. We would be crazy
not to take advantage of the brainpower. Having the discussions are better than trying to hammer out
something in a fairly short time when we have a full plate. It is a great idea. What you have proposed is a
great idea.
Councilwoman Mullins said she prefer it not be included in the current land use code process. It needs to
be a much bigger conversation. Your ideas are really good but we do need to give equal time to people
who have different views. I appreciate the offer of pulling back the petition. She supports the idea.
Councilman Daily said he respects and appreciate the opportunity to discuss this in a roundtable format.
It is a marvelous idea.
Councilman Myrin said he would support this if council is willing to put this on the ballot if their
questions have not sufficiently come to agreement at the January meeting so they would not have to
collect signatures. He is hesitant to support this if it takes their ability to petition away. Thanks for
reminding us it is not a ban. The goal is to avoid a 100 percent level space.
Mayor Skadron said this is an important emotional issue about authenticity and opportunity about
complex business realities. Our first priority is completing the moratorium. We are always open to
Regular Meeting Aspen City Council December 12, 2016
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exploring good ideas and ways we can be appropriate caretakers of our community. He supports this
idea. There are three directions this can take. Council takes this on and does it by ordinance, citizen
referendum or where council puts it on the ballot on its own.
Council is in general support of the direction of the citizen committee.
COUNCILMEMBERS COMMENTS
Councilwoman Mullins said tomorrow at the Wheeler is the lecture on mobility by Jim Charlier. She
wished everyone happy holidays.
Councilman Frisch wished everyone happy holidays. It has been an honor to work along a lot of great
people up here. Have a safe and happy and snow filled holidays.
Mayor Skadron said at 5:30 tomorrow at the Wheeler is a community forum. Council has 10 goals with
two related to transportation. The short term goal was a carrot and stick and part was the Downtowner.
The long term goal is related to the entrance to Aspen. The first speaker series is tomorrow at the
Wheeler at 5:30. At 11:30 at the Wheeler is an open house on the Aspen city offices. Happy Holidays.
AGENDA DELETIONS
Resolution 183 – City/County Contractor Licensing IGA will be deleted and return in January.
CONSENT CALENDAR
Resolution 179 – EOTC
Councilman Myrin said a portion of the funding is for the train along Main Street. He does not support
that. It is included in the entrance study.
Resolution 182 – Cozy point
Austin Weiss, parks department, said this is the next step in the two year undertaking of the management
plan. It is a nine month extension of the lease. The first draft of the management plan will be out in
September. The next steps are to take this to the Open Space and Trails board in January then back to
Council. We have heard numerous comments from the community. There is lots of supports for Patti
Watsons operations.
Councilman Myrin said the duration is nine months. Mr. Weiss said we met with both Eden and Patti for
what made the most sense. January 1 through September will give us time to get long term lease in place.
The RFP will also go in front of Council.
Councilwoman Mullins said she supports this and it maintains consistency there. The amount of support
that both organizations have got is overwhelming. We need to renew the leases and see how the RFP
process goes.
Councilman Frisch said keep the rural character and equestrian services and Aspen Tree. I don’t think I
have ever received so many emails that have not been in a format form. It is very impressive. He looks
forward to supporting the leases and a much bigger discussion.
Councilman Daily said he likes the direction we are going.
Resolution 179 vote.
Councilman Frisch moved to adopt Resolution #179, Series of 2016; seconded by Councilman Myrin.
All in favor except Councilman Myrin. Motion carried.
Regular Meeting Aspen City Council December 12, 2016
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Councilman Daily moved to adopt the rest of the Consent Calendar; seconded by Councilman Myrin. All
in favor, motion carried.
Resolution #179, Series of 2016 – EOTC 2017 ½% Transit Sales and Use Tax Budget
Resolution #180, Series of 2016 – Acceptance of Wildfire Mitigation Grant
Resolution #187, Series of 2016 – ACRA Services Agreement
Resolution #182, Series of 2016 – Cozy Point Ranch LLC Lease Renewal
Resolution #183, Series of 2016 – Aspen TREE Lease Renewal
Resolution #184, Series of 2016 – Contract for Vertiba Building Permitting Software
Resolution #186, Series of 2016 – Ruedi Hydroelectric Plant, GE Maintenance Contract
Extension
Resolution #160, Series of 2016 – 2017 Mill Levy
Resolution #169, Series of 2016 – Waste and Recycling Services
Minutes – December 5, 2016
Councilman Frisch moved to adopt Resolution #179, Series of 2016; seconded by Councilman Myrin.
All in favor except Councilman Myrin. Motion carried.
Councilman Daily moved to adopt the rest of the Consent Calendar; seconded by Councilman Myrin. All
in favor, motion carried.
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus (Lift 1A) Planned Development and associated
reviews
Councilman Daily recused himself.
Jennifer Phelan, community development, told the Council first reading is usually just a quick over view
and requests for additional information. Tonight the applicant has asked to provide a quick presentation.
The property comprises over six acres of land zoned conservation and lift 1A is on the property. They
would like to redevelop the site with a chair lift, new hotel, lodge units and commercial development.
Public rights of ways are requested to be vacated. To redevelop, the site needs to be rezoned from
conservation to ski basin. All dimensions are set by Council. Public comment has been included in the
packet and some additional ones will be included in the next memo. Staff recommends the public hearing
be set for February 13th.
Mayor Skadron complimented Jennifer on the memo. It is a gigantic application and to make it digestible
is outstanding.
Councilwoman Mullins asked for story poles for second reading. Ms. Phelan said they will look into it.
With the operating ski area she is not sure if feasible. Councilwoman Mullins asked for more specifics on
the vacations. It is not clear. Where else are there ski zones in town. For the parking proposal would
they hit the soft maximum we have been talking about. On page 350 it talks about a comparison about
Aspen Square. Is it the height or block length.
Councilman Frisch asked for a reminder of the P&Z history and how we ended up where we did. There is
some confusion about the lift going down to 8th Street. What is the reality of that ever happening and what
would be required.
Councilman Myrin asked for some discussion of the chances to bring the lift down Durant. He also asked
for story poles or a way to determine height. It might be beneficial to do a site visit.
Regular Meeting Aspen City Council December 12, 2016
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Mayor Skadron asked for some comments on moving the lift, vacation of right of way, creation of non-
conformities and use of credits and one on site unit regarding FTEs. He also asked for a comment as to
why it is necessary to extend vested rights from three to five years.
Jeff Gorsuch, owner, said it is super important to get this right. He said he believes the solution is
worthwhile to the entire community and is prepared to make changes. It should be a project the entire
community is celebrating. They have replaced reaction with intention. We need an exchange and
dialogue and how we can make this the best project for the community.
Mayor Skadron thanked Jeff for his contributions to the community. Council takes very seriously its
citizen commissions. When we see a vote the way it went at P&Z for this project there was the
suggestion that Council deny this at first reading. I will not support that. The area up there deserves a
serious look. I think your project deserves a fair look. I will be supporting it at first reading.
Councilwoman Mullins said she agree with that too. The process is very important. I respect P&Z and
their vote. You have the right to come and present it to us. There is support for the project. I would vote
to pass it on first reading.
Councilwoman Mullins moved to read Ordinance #39, Series of 2016; seconded by Councilman Frisch.
All in favor, motion carried.
ORDINANCE NO.39
(SERIES OF 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING
A PLANNED DEVELOPMENT-PROJECT REVIEW AND ASSOCIATED LAND USE REVIEWS
FOR THE GORSUCH HAUS, A PROPERTY LOCATED AT THE BASE OF ASPEN MOUNTAIN
AND 1A LIFT, ON THE EAST SIDE OF S. ASPEN STREET, COMPRISED OF FOUR PARCELS,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Councilman Frisch moved to adopt Ordinance #39, Series of 2016 on first reading; seconded by
Councilman Myrin. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Mayor
Skadron, yes. Motion carried.
ORDINANCE #40, SERIES OF 2016 – Updated Building Codes
Stephen Kanipe, building department, thanked Council for top ten goal number 8. Since the last update
two code books have come out. Several projects have come in with the 2015 codes.
Councilwoman Mullins said in terms of energy usage, did we ever go further with the benchmarking
project. Mr. Kanipe said it is part of the code and working as a complimentary program. It will come
from Ashley Perl.
Councilman Myrin asked about the buildings running through the new code and does it include the new
police department. Mr. Kanipe replied yes. Councilman Myrin asked about lessons learned. Mr. Kanipe
said it is still in review. Councilman Myrin asked how does it compare to what other communities are
doing. Mr. Kanipe said they will answer that at second reading but we are on the cutting edge.
Mayor Skadron said we keep Aspen on the cutting edge of building regulations. How often do we update
the code. Mr. Kanipe replied every six years. The international codes are on a three year cycle.
Councilman Frisch moved to read Ordinance #40, Series of 2016; seconded by Councilman Myrin. All in
favor, motion carried.
Regular Meeting Aspen City Council December 12, 2016
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ORDINANCE NO 40
SERIES OF 2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING
TITLE 8 OF THE ASPEN MUNICIPAL CODE BY ADOPTING 2016 EDITIONS OF CERTAIN
INTERNATIONAL BUILDING CODES.
Councilman Mullins moved to adopt Ordinance #40, Series of 2016 on first reading; seconded by
Councilman Myrin. Roll call vote. Councilmembers Myrin, yes; Mullins, yes; Daily, yes; Frisch, yes;
Mayor Skadron, yes. Motion carried.
RESOLUTION #176, SERIES OF 2016 – Grey Lady Restaurant – Temporary Use Request
Sara Nadolny, community development, submitted Exhibit F – a letter and signatures from Grey Lady.
She told the Council this is a temporary use request for 60 days, December 23 through February 20. The
property is located in the historic zone and the request is for an air lock at the front door and a tent
structure over the existing trellis with roll down sides. It is made from canvas and plastic materials. The
tent has had approval for a portion of the winter season since 2014. It is heated and extends the seating
for the restaurant. This is the first request for the airlock. Staff does not support, nor have they ever
supported the request. Staff and council have both asked the applicant to seek out a more permanent
structure. Code changes make this subject to growth management. It does not meet commercial
guidelines. If the request is approved it is subject to $1,800 in growth management fees. She referenced
the letter from Wheeler Square condo association in opposition. Both structures are requested to offset
seasonal inconsistencies in doing business in Aspen. Council may wish to consider a 7 to 10 day
approval. Staff is not in support of the application.
Ryan Chadwick, applicant, said he understands Staff position of the cover not fitting in with the fabric of
town. We pay for the space and would like to use it. Last year we had it up for 10 days and made it look
as festive as possible. Ian Perry, applicant, said we don’t look forward to coming back here every year
and asking for this. We can’t make it more permanent because Mark has plans in for the building. The
reason we are here is because this is our only course of action. We are exactly what you are trying to
protect as young mom and pop entrepreneurs. This is the only thing we can do to utilize the space we
have. The first year we were profitable, the last year we were stagnant.
Councilman Myrin said the criteria and staff findings are consistent. Page 1166 #D – previously
approved, alternative motion staff is supporting is a shorter time. Ms. Nadolny replied 7 to 10 days.
Councilman Myrin said what we were thinking from the work session was not with tents but like what the
Jerome has.
Councilman Frisch said do we not have a general policy around airlocks. Jessica Garrow, community
development, said temporary airlocks are prohibited. There are a number that were grandfathered in. The
code has been updated to exempt 100 square feet for an add on feature. Councilman Frisch asked what
does integrated mean. Ms. Garrow said brick and mortar. This is where the code gives you free floor
area to do it. It encourages energy efficiency to do it. Councilman Frisch asked what is the stumbling
block for this one. Historic core and add on. Ms. Garrow replied correct. Councilman Frisch stated he
has said in the past I’m ok with a trial period of tent week with the holiday season 7,10, 14 days. A
couple months gets into a sticky situation. Airlocks I think it should be the same rules for every
restaurant in the same zone. If the view is they are just not worth it from an esthetic stand point. I’m
happy to go to a couple weeks. They are two separate issues.
Mr. Chadwick said we can take the airlock off the table.
Councilwoman Mullins said it is hard for you guys. At the work session I was very supportive of the 7 to
10 days. Can it be extended. Ms. Nadolny stated it can be extended another 10 days. Councilwoman
Mullins said the approval period should be 10 to capture both holidays. You might want to rethink the
Regular Meeting Aspen City Council December 12, 2016
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wedding invitation. It is unattractive and downtown. If you can utilize that space for diners you should.
The airlock, no way. That building is one of the most interesting we have and an airlock destroys it.
Councilman Myrin said as written the resolution has the air lock and affordable housing and the longer
time. Eliminate the air lock and correct the affordable housing mitigation.
Councilman Daily said he supports up to 14 days and no air lock.
Mayor Skadron said we can’t support a request because we like it or don’t. I have supported you in the
past. He does not think the project is detrimental to the future of Aspen. The struggle I’m having is how
it satisfies the criteria. Mayor Skadron said what I need are criteria. Protecting the historic district with a
lively corner where the snow piles up. Ms. Garrow said this is public amenity space they can use
umbrellas and heaters and use it like Council said in November.
Mayor Skadron said the motion would be to amend the resolution for 14 consecutive days for the winter
2016-2017 season, update the mitigation rate and no airlock.
Councilman Myrin said for Criteria D, previous approvals and unique space. He would add 2017 to the
motion. Mr. True suggested to keep it for just this year.
Councilman Daily moved to adopt Resolution #176, Series of 2016 with amendments; seconded by
Councilman Myrin. All in favor, motion carried.
RESOLUTION #177, SERIES OF 2016 – Sky Hotel/39 Degrees – Temporary Use
Ms. Nadolny stated this is a temporary use request for two tents at the Sky Hotel for 35 days. It is an
extension of 39 degrees at the rear of the hotel over the pool’s patio. They will have roll down sides and
be heated. The property is located in the lodge zone district and adjacent to the Little Nell and several
residential buildings. Staff is concerned with impacts on the surrounding neighborhood. The canvas tents
are unlikely to contain noise. She submitted a letter as exhibit E. The affordable housing mitigation fees
are $4,833. Staff is not supportive of 35 days. The burden of noise is shifted to the neighbors. Staff is
supportive of a 7 to 10 day request.
Tony Gerback, applicant said he took over the lounge in June. He has been working very closely with
John at the Aspen Alps. The tent for 35 days is to corral the pool deck. Gay ski week and X games will
be huge. This will be a great utilization of the space and relieve some of the tension in the bar and lobby.
The relationship with the Alps has improved significantly.
Councilwoman Mullins asked what are the dates of gay ski week and X games. Mr. Gerback replied the
16th and following week. Councilwoman Mullins said to be consistent she would approve the 7 days with
the 7 day renewal. It is good to have breathing space in town. The Sky has a great patio. It is private
space but you perceive it as public. She wants to avoid all these open spaces being tented over. She
would support the 10 to 14 days.
Councilman Myrin said he is concerned about the tenting of Aspen. The St. Regis gets filled. Beyond
the short term he is not supportive.
Councilman Daily said he supports Ann’s recommendation.
Councilman Frisch said he talked about tent week not month. The 10 or 14 day thing works for me. He
is happy to let the applicant chose what 14 days they want to use.
Mayor Skadron said he concurs. Council agrees to 14 days. Ms. Garrow said they are fine with not
consecutive. During the 2016-2017 winter season. Councilman Myrin has a question on the logistics of
Regular Meeting Aspen City Council December 12, 2016
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that, if they are trying to do multiple weekends. Ms. Garrow said it is likely more efficient to have them
consecutive since they count as a day.
Councilman Myrin moved to adopt Resolution #177, Series of 2016 as amended with 14 days to be used
during the 2016-2017 winter season, not necessarily consecutively; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCES 33, SERIES OF 2016 – Commercial Design Standards Code Amendment
Mayor Skadron also opened ordinances 29, 30 and 31 and 34
All ordinances will be continued until January 9th.
Justin Barker, community development, said they will discuss the roll the guidelines play in zoning. They
sit on top of the zone district. The character area sits on top of a lot and how it fits into its surroundings.
They all have different contexts. Sara Adams, consultant, said the work is based on previous council
direction to ensure development is indicative of Aspen yet maintains appropriate areas for flexibility.
There is a new format for the guidelines. All the photos are from Aspen. The main goal for the format
was to streamline the document and make it user friendly. There are standards and guidelines within each
chapter. The standards have to be met where the guidelines are recommendations.
Pedestrian amenity options are currently called public amenity. Create a strong length among pedestrian
amenity and second tier spaces. We looked at current options; onsite, offsite, cash in lieu or alternative
and tied in second tier space as well as discourage cash in lieu. The proposed now includes street level,
upper level, subgrade courtyard, midblock walkway, pedestrian mall, enclosed interior courtyard and off
site. Each type also has locations where they are appropriate.
Mr. Barker said for the pedestrian amenity requirement. One of the larger changes is related to required
amount. Currently it is as little as 10 percent. The proposed amendment is 25 percent. Another change is
with cash in lieu. More than 50 percent would require council approval unless located on the malls.
Street level has to be open to the sky. Upper level, second level or rooftop also helps to reduce the scale
of a building. Subgrade courtyard would not be permitted in historic districts. Midblock walkway –
access between street and alley. Access to second tier commercial would count as double towards
amenity space. Offsite courtyard/ cash/ malls – improvements to nearby right of way are also beneficial
to the rest of street scapes. More clarity to where it can occur. For an arcade element, Ms. Garrow said is
it fair to be getting credit in the TIA and double dip in the pedestrian amenity.
Councilman Myrin said he supports most of what is there. He is concerned with roof top. Some places it
seems private. BB’s seems like it is opened to everyone. Ms. Garrow said this is one of the key
questions at the end.
Councilwoman Mullins asked have you identified where arcades are appropriate. Ms. Garrow replied not
specific areas. The language says if there is already one within the block than it would not be appropriate.
Somewhat limited, rustic in character. Councilwoman Mullins said she is looking for more criteria. She
does not want to see them popping up all over town.
Councilman Frisch said we need to be realistic about where people are going to go. What is going to be
the easiest to build.
Ms. Adams spoke about character areas. In the commercial core they tightened up the guidelines. It feels
historic. They called out the chamfer. On Main Street there is a strong relationship to traditional 19th
century development. They pulled the small lodges out and into their own section. Wood or brick as
primary materials. In the commercial area they gave close attention to the transition from residential
areas. For mountain base there is the emphasis to respond to topography with gable and pitch roof forms.
Neighborhood mixed use calls out open space on site and front yards. River approach emphasizes open
space and topography and river.
Regular Meeting Aspen City Council December 12, 2016
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Mr. Barker said they have some key questions including the height limit of 28 feet. Is Council interested
in a two foot variation in height between buildings. Is Council supportive of a height allowance to enable
variations only for key building elements.
Councilman Myrin asked currently how many feet for elevators and mechanical. Ms. Garrow said there
are setbacks for railings, five and 10 feet for elevators. There are requirements that they be set back.
These are decorative elements that are traditional and should not be set back. Councilman Myrin said he
supports this.
Councilman Frisch said he loves the idea of not a constant roof line. Let’s see what the design
community comes up with.
Mr. Barker said for a subgrade courtyard height is measured to the bottom of the subgrade courtyard,
which could be a dis-incentive for these second tier commercial spaces. Is Council interested in changing
how height is measured for these spaces.
Councilman Myrin said height is touchy and people figure out to measure differently. He supports the
idea of this but we need to figure out how to keep things at 28 feet. Ms. Garrow said another example is
the Mountain Forge building with the courtyard. Councilman Myrin said he would support it so when
you are walking down the street it still feels like two stories.
Councilwoman Mullins said if the goal is 28 feet from street level we should be measuring from street
level.
Councilman Frisch said on one hand it really doesn’t matter how deep the courtyard is we want to see the
mountain. The majority is to protect the sky and the views. We should focus on measuring from the
street. Ms. Garrow said I think we would say the subgrade should only be one story.
Mr. Barker said for height measurement in relationship to sloped sites. Does Council support changing
the way height is measured for slopped sites.
Councilman Frisch said there is a misconception that this town is flat. We don’t want to have the
building slope.
Councilwoman Mullins said you either take an average height over a certain distance. Councilman Frisch
said hopefully we can come up with a two or three foot solution. Ms. Adams said if it is more than a
three foot change it kicks you in to a different solution.
Councilman Myrin said he does not feel comfortable with one blanket rule where it might go astray.
Mr. Barker said for chamfer corners, it is a guideline now. Does Council want them required in the
commercial core.
Councilwoman Mullins said to leave it as a guideline.
Torre said he supported having chamfers added as a requirement and opted out of as a review. There
were a couple buildings built including the art museum and the mixed use down from it where it was
suggested and wasn’t used. He sees it as a softer corner, pedestrian amenity and a softer feel. It is part of
the historic development pattern of Aspen.
Councilman Daily said he likes the emphasis on the chamfer corner.
Councilwoman Mullins said she does not want to see every building have it. It becomes more interesting
if you don’t see it every time.
Councilman Myrin said the message is how to make it more frequent than less.
Councilman Frisch said is it our concern that guidelines are to happen a certain percent of time. Ms.
Adams replied a vast majority of the time.
Regular Meeting Aspen City Council December 12, 2016
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Mr. Barker asked if a project proposes street level amenity, the guideline will now call for a minimum 1/3
of required amount to be built at street level. Does Council support having a minimum requirement.
HPC is not supportive. P&Z is ok but wanted the option to vary.
Councilman Frisch asked is the goal to provide space that becomes active or used or just breathing room
around town. Ms. Adams said it depends on the neighborhood.
Mr. Barker said second floor deck spaces are allowed to meet pedestrian amenity requirements. Does
Council support seeing the spaces or having them hidden by a parapet or other design element.
Ms. Garrow said more like BB’ s kitchen or Aspen kitchen. Councilman Myrin said there is something
about BB’s that works. It is more appealing to see humans. Alan Richman, consultant, said it is the
relationship between distance from the sidewalk. You know there is something up there. Councilwoman
Mullins said it is also visually accessible. If you can’t see it from the street you don’t want to take the
stairs. It needs to be at least partially visible.
Councilman Myrin said he is not sure about using the roofs. Councilwoman Mullins said she sees HPCs
point, but it is not an amenity if nobody knows it’s there.
Torre said as far as setbacks and treating the commercial core as one entity. The pedestrian malls and
front yard and retail nature. He gave the example of restaurant row and when La Cocina changed hands
and wanted a patio the code directed them away from it. The minimum requirement is 70 percent of
frontage pulled up to lot line in the commercial core. this will eliminate the patio space. His concern is
treating the commercial core in the same breath is not the solution. If there is a way to encourage
different pockets in the core. Ms. Adams said they can absolutely loosen up the requirement. Maybe 70
percent is only for the malls.
Mayor Skadron closed the public hearing portion.
Councilman Myrin asked what is your Aspen in 2045? Will there be places to gather like Peaches? Will
it be only rooftops?
Councilman Frisch moved to continue Ordinance #33, Series of 2016 to January 9, 2017; seconded by
Councilman Myrin. All in favor, motion carried.
Councilwoman Mullins moved to continue Ordinances 29, 30, and 31 to January 9, 2017; seconded by
Councilman Frisch. All in favor, motion carried.
RESOLUTION #176; SERIES OF 2016 – Grey Lady Restaurant – Temporary Use Request
Councilman Myrin moved to reconsider Resolution #176, Series of 2016; seconded by Councilman
Frisch.
Councilman Myrin said the applicant would like to change to nonconsecutive days.
Councilwoman Mullins moved to adopt Resolution #176, Series of 2016 as amended; seconded by
Councilman Frisch. All in favor, motion carried.
ORDINANCE #34, SERIES OF 2016 – View Planes
Philip Supino, community development, told the Council this ordinance will strengthen protection to
expanded to include properties where at least 50 percent of a view plane crosses into the property. Where
more than one view plane overlaps a property the more restrictive applies.
They are defining fore, mid and background where a property lies within a view plane as well as which
regulation applies to a property. They also discuss how development is treated. For the 8040 greenline it
will limit the extent to 8040. The current regulation has no extent. It expands the Wagner Park view
plane to capture more foreground.
Regular Meeting Aspen City Council December 12, 2016
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The review process under the proposed ordinance includes P&Z or HPC review of infringements or an
administrative review for exemptions and exceptions.
Administrative determinations have strict criteria and approved or denied. Denials are appealed to HPC
or P&Z. Board reviews for mid or background reviews. Denials are appealed as variances and triggers
Ref 1.
Foreground criteria is the strictest criteria and most impactful to any given view plane. No exceptions or
exemptions in foreground. Restricted built to one story or 15 feet. Variances are subject to Ref 1.
Midground criteria are one to two blocks away from foreground. Allow for some flexibility while having
clear criteria for what is acceptable development. P&Z exemptions for buildings blocked by historic
properties. P&Z exemptions for properties with minimal impact. Lowest possible height. Blend with
surroundings, responsive design, building placement, invisible from reference point, reduce existing
infringement.
Background criteria are most designed focused. P&Z exemption for buildings blocked by historic, P&Z
exemption for minimal impact, reference point and the same criteria for midground.
Minimal impact is defined as the lowest building height possible, blending into the mountain landscape,
building incorporates exceptional or innovative building design, sited at the edge of the lot that is the
furthest from the reference point, sited to allow for a view of the mountains from the reference point,
cannot be seen with the naked eye from the reference point, does not materially alter the observers ability
to see the preserved view from the reference point.
There are exemptions and exceptions for retaining walls and other landscape elements as well as
chimneys above the building plane and garage elements.
Questions for Council
Does Council support the definition of minimal impact.
Does the approach to fore, middle and background allow for the flexibility requested by Council.
Does Council support the 15 foot maximum height.
Minimal impact
Councilwoman Mullins asked what do you mean by the lowest height possible. What about a movie
theater. Mr. Supino said it sets the standard and asks have you done everything you can. There are other
criteria they would have to respond to. P&Z has a lot of tools. Councilwoman Mullins replied that she
sees what you are getting at. It seems very open ended.
1. Gideon Kaufman said he has been in the Wheeler Square building for over 35 years. Under the
UBC, habitable space is 7 foot. So much has changed in the town since the Wheeler view plane
has been adopted in the 70s. The viability of the commercial area has been compromised and the
view plane has been compromised. The problem I have with the language is on the foreground is
the lowest building height possible. 15 foot should be allowed. The standards shouldn’t be
applied unless you want to go over. There ought to be a minimum height and not have to prove
you have an exceptional use. How you measure height – you want to be able to do the full story.
If you stand on the steps of what used to be Bently’s, you are not effecting much of the mountain.
2. Chris Bendon, representing Andrew Gerber, Caribou Condos, said the view planes were
originally set up to create height restrictions for buildings. A much simpler way to go about this
would be to set height restrictions. Fore, mid and back is a vast improvement over what you have
today. Want some security over Ref 1 triggers. Some importance around naked eye concept.
Overlay of additional design standards in background criteria. It ought to be simplified to just the
view plane issue. Let the design guidelines handle the design issues. There are extra layers that
Regular Meeting Aspen City Council December 12, 2016
12
are unnecessary. There ought to be a simple process for mechanical unit replacement. He
suggests 15 feet all in with mechanical is as low as you can get for a building in the fore ground.
Anything below 15 you start to push what is reasonable.
Councilman Frisch said he is supportive of 15 feet all in. He does not want an ADA requirement to
trigger a vote. The idea of getting out of view planes and getting into height limits. We are vastly better
off with 3 tiers. The sense is the community doesn’t want to get rid of view planes. We are trying to do
the best we can with those.
Ms. Garrow said Council supports the approach to fore, middle and background.
Councilwoman Mullins said for minimal impact, why do you meet the design guidelines if you can’t see
it. Mr. Supino said the tools for P&Z to make an assessment. Ms. Garrow said it doesn’t materially alter
or reduces the infringement. Councilwoman Mullins said aren’t these properties subject to the residential
or commercial design standards? Ms. Garrow replied yes.
Councilman Myrin said the view planes have not only been about the origin point. I support the current
approach that it is an overlapping tool.
Councilman Frisch said it is a black and white sphere. The material, reflectivity, how well it fits into the
neighborhood has nothing to do with the conversation. The neighbor has a different opinion. If it is
blocking the view it is a problem. Color is a neighborhood issue. A view plane discussion has nothing to
do with what it looks like.
Ms. Garrow said we have tried to define minimal impact and have criteria for it. It can be as simple as if
you can’t see if you’re done.
Councilman Myrin said there is value to have an additional layer that brings and respects the impact from
the origination point and throughout the view plane.
Fore, mid and background are ok concepts. For the 15 foot maximum he would like to know how the
corner building is working in 13.5 feet.
Councilwoman Mullins said she is fine with 2, 3 and 4. 15 feet is still a tight space for a one story. She
would like clarification on 1.
Ms. Garrow said they will provide more detail on background review criteria.
Mayor Skadron said he is not comfortable expressing his position. He wants it to work. He does not
want it so restrictive we have limited possibility in this town.
Councilman Frisch moved to Continue Ordinance #34, Series of 2016 to January 9, 2017; seconded by
Councilman Myrin. All in favor, motion carried.
At 11:40 p.m. Councilman Frisch moved to adjourn seconded by Councilwoman Mullins. All in favor,
motion carried.
Linda Manning, City Clerk