HomeMy WebLinkAboutminutes.council.20170123Regular Meeting Aspen City Council January 23, 2017
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CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
CITY MANAGER COMMENTS ................................................................................................................ 2
BOARD REPORTS ...................................................................................................................................... 2
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #6, Series of 2017 – Purchase Agreement for the Replacement of one Bus....................... 3
Minutes – January 9, 10 & 17, 2017 ..................................................................................................... 3
Board Appointments ............................................................................................................................. 3
ORDINANCE #29-34, Series of 2016 – AACP and Land Use Code Coordination .................................... 3
ORDINANCE #2, SERIES OF 2017 – Extension of the Moratorium ....................................................... 11
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Frisch,
Myrin and Daily present.
CITIZEN COMMENTS
1. Jim Ward spoke about the half million dollar study for transportation. Nothing has been done
with the traffic light at Cemetery Lane. Things need to keep moving to get out of town. He has
heard lots of excuses and they are all lousy. What are we going to do with all the people once
you get them here. Council should get a work study group with Joe Edwards and see what he
says about growth in this town. Read the letters to the editors today.
2. Toni Kronberg talked about using deicers again instead of sand. She spoke about this a few
months ago. Goal #8 in the top 10 goals in improve community outreach. She can’t find when
the public hearing is going to be before city council for the new city hall. She is also asking for
an extension on the moratorium tonight. She wants to know why the new city hall can be taller
than 28 feet.
COUNCILMEMBERS COMMENTS
Councilwoman Mullins said lots of people have talked about Cemetery Lane and a roundabout. It is not
the place to do it. That is not the solutions. In response to Toni, city hall has been going on for more than
three years. She is not sure how she missed all the public comment and the meetings.
Councilman Frisch wished everyone a happy powder day tomorrow. Bert and I attended the round table
at the Aspen Institute on the chain store restrictions. His understanding is they will turn in something by
February 6th to discuss at Council on the 13th. He is not aware of what they will be presenting. They are
trying to balance not trying to be restrictive but accommodating. We have one of the most expensive and
restrictive land use codes in the country. The whole world is getting more branded. If one wants to make
a substantive change across the landscape it will require substantial changes. The format worked out
really well and will be a great venue to tackle traffic and what not.
Councilman Myrin said that was a good summary of the day. It will be before Council on the 13th.
Barry Crook, assistant city manager, said they will report back at a work session of February 6th and at the
regular meeting on the 13th.
Mayor Skadron gave a thanks to all the kids from Queenstown New Zealand who came from the sister
cities program. He said he loves the three week stretch in January from Winterschol through the X
games. Congrats to Winterschol and gay ski week for successful events.
CITY MANAGER COMMENTS
Mr. Crook congratulated the first 20 members of the citizen academy and thanked Council for funding the
program. Thanks to all those in the city who made presentations especially Michelle Holder for
organizing the program.
BOARD REPORTS
Mayor Skadron said RFTA is working on the access control plan around the Rio Grande trail. It requires
consensus from all governing bodies to access the trail. It limits access points or access everywhere. The
upper valley likes limited access, in Glenwood Springs they want access everywhere. My position is trail
connections should not be encouraged and we should protect the corridor. My goal is to ensure adequate
safeguards to protect the rail banking status for possible future use for rail. Should the control plan be
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liberalized and access be made at will, it will impede our ability to have rail in the future. It is a massive
conversation and very complicated.
CONSENT CALENDAR
Resolution #6 – bus replacement
John Kruger, transportation, said this is the fourth new bus. The contract for the other three is in place.
The average age of the bus fleet is from six to 13 years old. This is a huge improvement. We will be
paying partially with a FASTER grant. The net cost is about 110,000 dollars. The total cost is 470,000
dollars. The grant has helped the fund stay healthy and leverage funding for other services.
Resolution #6, Series of 2017 – Purchase Agreement for the Replacement of one Bus
Minutes – January 9, 10 & 17, 2017
Board Appointments
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilwoman Mullins. All in
favor, Motion carried.
ORDINANCE #29-34, Series of 2016 – AACP and Land Use Code Coordination
Jessica Garrow, community development, said we are at the adoption phase of the code amendments.
Exhibit G are the high level AACP policies. There are four different categories including design,
dimensions, use mix and mitigation. Ms. Garrow highlighted the key overarching statements of the
AACP. We seek to guide future development so it contributes to the long term sustainability of a vibrant
and diverse tourism economy and a strong year round community. Taken as a whole the main theme of
the 2012 AACP is to preserve the elements of the Aspen area that make it such an attractive place to live
and a compelling place to visit. The vision statement for managing growth says we are committed to
achieving sustainable land use practices that support a healthy year round community and a thriving
vibrant visitor based economy. There are a number of design elements in the code updates including the
design standards document, pedestrian amenity requirements and adjusted commercial character area
boundaries. Calculations and measurements prohibit new free market units in all mixed use buildings,
increasing opportunities for commercial space, and generally speaking smaller buildings with more
commercial uses. Changes to height include calculations of sloping lots and courtyards. Parking changes
keep what is required today and we are proposing an increase to the cash in lieu rate. For use mix there is
new language on different types on commercial spaces including second tier. There are also replacement
requirement for second tier spaces and an updated use list.
Key decision points from January 9th
Mitigation rate 60 or 40/80
Eliminate credit for existing commercial space – no
100% second tier replacement? No capped at 50%
Revise pedestrian amenity trigger? Tied to demolition
Increase parking cash in lie rate. Yes, with 2017 study
Eliminate credit for existing parking deficit
Ordinance 30 – use definitions
Retail Uses
General, large format, small format, and high end. Four was overly complicated and difficult to
determine what fell into which category. This ordinance only has two; general and specialty retail. High
end retail was limited to CC and C1 to include retail, watches, jewelry and things we didn’t want to see in
SCI. We proposed high end only in second tier and ground floor. Alan Richman, consultant, said it is
important to keep these two categories separate. It will preserve the NC, SCI and MU for locally serving
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businesses. We want to keep the distinction. Ms. Garrow said we defined general and specialty retail and
added examples of what is included.
Ordinance 29 – use mix
In SCI Grocery stores were added as an allowed use. Free market residential was removed. We also
removed outdated uses like typesetting. For CC and C1 specialty retail is allowed on the ground floor.
General retail is allowed on all levels. Automobile showrooms are permitted.
Ordinances 30 and 33
Second tier spaces 20 to 35 percent minimum required in new construction. 50 percent replacement
required. Limited to basement, second floor and alley. Staff has proposed audit and occupancy
requirements similar to how we treat lodging.
Commercial Design
Sara Adams and Sara Broughton, consultants.
Ms. Adams said we want to differentiate between standards and guidelines. We tightened allowances in
historic districts and loosened allowances in outlying areas. We changed the document so it has only
Aspen examples. They changed the layout to be more streamlined and user friendly. Focused on history
of neighborhoods and existing context.
Ms. Broughton said they conducted a series of public outreach meetings. Ms. Adams said for pedestrian
amenity they received lots of feedback on variety of uses and spaces. Seven types of amenity spaces are
being proposed including cash in lieu. Full mitigation requirement would be triggered by demolition or a
reduction in existing pedestrian amenity.
Paradise Bakery would be an example of an at grade pedestrian amenity space. A second floor or roof top
would be strongly discouraged atop a second story building.
Mid Block – possibility to count for double in amenity requirement. If one already exists in a block there
cannot be more.
Sub grade courtyard – this would really contribute to the nooks and crannies. It may not be appropriate
for the CC but would be in the outlying areas. It would support the second tier commercial spaces.
Enclosed interior courtyard – also supports second tier commercial. Maybe not a big effect on street
commercial but allows year round use.
Off site and arcades – cash in lieu for offsite. Arcades – lots of feedback and people love them. Does not
contribute to second tier space but does contribute to vitality. If there is an arcade in the block already
there cannot be another one.
Pedestrian malls – prime commercial and retail space. Does not encourage second tier but encourages
street vitality. Cash in lieu is strongly encouraged.
They showed a map of the CC with the different types and variety of pedestrian amenity displayed.
Ms. Garrow said the code amendments in their entirety will reduced building sizes, heights and floor area
as well as reinforced the character areas. They are focused on the uses we want to encourage. There is a
focus on mobility options opposed to vehicle. They will tighten up options on amenity spaces. How can
we have a more sustainable growth model as outlined in the community plan.
Councilman Frisch said it is great work on the commercial design. On existing mix it is nice to see that
variety does work. He is supportive of pretty much everything in the commercial design. The outreach
was great and feedback was great.
At one stage we had four boxes of retail and now it is down to two. What did we have before the
moratorium. What is Butchers Block to you. Ms. Garrow said the important thing is this is getting back
to what type of uses does Council want to encourage or discourage, particularly around the NC zone.
Jewelry is maybe not the most appropriate type of business for that zone. There is some level of how do
you figure out what is specialty and what is general. Pitkin County Dry Goods sells jewelry, fur, purses
and a lot of clothing. They would fall under general. Something that sells watches only would be
considered specialty. It is one additional tool to help ensure uses in locally oriented zones and Second tier
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spaces are focused on the types of businesses we want to see there. Mr. Richman said the most
fundamental thing zone districts do is classify and categorize. Our real concern is that we do have such a
tendency for uses that serve our local population and just our tourist population and an amalgam. We
don’t want to introduce uses that serve just our high end population. Mr. Supino said without having
some fine grained tool to apply in the CC and C1 when the second tier spaces come in we have no way to
regulate the use. Mr. Richman said we could solve the problem in the NC and SCI with a general and
non. This approach is very easy for people to get the distinction. Councilman Frisch said the criticism
comes to us in a solution in search of a problem. In the 60 years of commercial in Aspen the second floor
has not been here except for Amen Wardy. He is not sure why we need this. Ms. Garrow said it would
be an additional tool to make the second tier space more meaningful. We were trying to respond to what
we heard from Council at the last meeting.
Councilwoman Mullins said she is pretty much in agreement with Adam. We are in a small town and can
walk block by block and see what is going on. The two most prominent luxury retailers using a basement
and upper floor are clothing stores and would not be limited by this. The idea the basement needs to be
built out before the project can be completed. She thinks it’s overkill. She would rather keep the revision
to the bare minimum. She does not see the division of retail is helping an enormous amount to getting the
second tier spaces. It isn’t rampant through town. There are other aspects of the ordinances that will
promote the second tier spaces. In terms of the design guidelines the clarifications of standards and
guidelines will really help the review process. The character areas are great. The pedestrian amenities
are terrific in the way they are described. She would like to see more on materials. The graphics and
layout are great. The amenity on the mall should be solely cash in lieu. There is a strong edge there and
it should be maintained.
Councilman Daily said he is deeply impressed with the work that has been done. It verges on being an
elegant upgrade. Thanks for the effort. He appreciates the existing conditions map. On use definitions,
two categories may work for us. It may be on the right track. He supports the increased emphasis on
pedestrian amenities. A 25 percent requirement will be healthy for the downtown. He asked about cash
in lieu as a substitute for amenities. Ms. Adams stated it will be at 25 percent instead of a lower amount.
Councilman Daily asked what standards will be applied. Ms. Garrow said in Ordinance 33, more than 50
percent would go to City Council, less than 100 on the mall would also go to Council. The calculation is
the same as it is today. Councilman Daily said he wanted to make sure cash in lieu is not an automatic
thing.
Councilman Myrin said on Thursday night we saw a plan to turn Galena into a mall to Durant. If it gets
malled do we lose Peaches and Paradise. Ms. Adams said we would be able to maintain the existing. Ms.
Garrow said there is a different feel for a NW street than an EW street especially for shading. Ms. Adams
replied not all malls are treated equal. We would need another discussion for a possible future mall.
Mayor Skadron said for use mix free market residential is not allowed. Ms. Garrow replied correct except
in MU. Mayor Skadron asked was there a prohibition in the CC prior to our work on this. Ms. Garrow
said yes. Mayor Skadron said the 25 percent amenity sounds good, will we ever see one. Ms. Adams
said Paradise is and Mezzaluna. Mayor Skadron said it is only good if it actually gets delivered.
Councilman Myrin said we saw the example of the Daily News and I pictured that combined with an
arcade. Nothing looks like an amenity. We need to be somewhat careful. What is the most economical.
Ms. Garrow said what we have tried to do is the requirement is increasing for most properties from 10 to
25 percent. We have increased the number of ways that can be met. Mayor Skadron said he does not
have an issue with the public amenity.
Ord 2 extends the moratorium. Ms. Garrow said if we don’t resolve ordinance 31 we will need to extend
the moratorium tomorrow night.
Ms. Garrow entered an email from Karim Souki as exhibit H. He sated the revisions to the proposed
ordinances serve to reaffirm their position.
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Mayor Skadron opened the public comment.
1. Mick Ireland said he prefers the legislative to petition process in terms of sorting out the housing
issue. We have a declining population within walking distance of downtown. We don’t have
empirical data on second tier spaces and don’t know what they will rent for. He takes issue with
imposing mitigation will result in a complete shutdown in development. We have the opportunity
to do several things. A lot of what you are proposing is good. Tread very carefully.
2. Torre said to take the amount of time necessary to consider these ordinances. Specialty and
general retail fits into the formula retail discussion. Focused on the CC. Inclusion of properties
north of Main seems odd. He talked about restaurant row on Hopkins Avenue and 70 percent of a
buildings frontage is on the lot line and there are zero setbacks. This would have a negative
impact on restaurant row. Ms. Adams said they differentiated for properties on the mall and
outside the CC to 50 percent. Torre suggested a minimum floor to ceiling height of 13 feet in the
CC. He suggests a height lowered to 12 or possibly 10 feet. Ms. Adams said it is down to 12
feet. Torre spoke about interior dimension minimums – a number of years ago there was a
removal. Ms. Garrow said it was minimum size of interior businesses but it was removed a
number of years ago. There is no plan to add that back. Torre said one of the suggestions of the
2008 study was to limit the size of businesses. On chamfered corners there is a great historic
pattern and he appreciates the study. Staff recommends it be maintained as a guideline not
regulate as a standard. I would think you would want it as a standard. Over 50 percent are
chamfered currently or unavailable for it. They are a public amenity as well as a historic design
pattern.
3. Toni Kronberg said she is supporting aligning the LUC with the AACP. The scale of the
buildings have to remain at the 28 feet.
4. Ward Hauenstein said he is encouraging cash in lieu for pedestrian amenity in the mall area s.
Where does the cash go and what does it provide for the community. Ms. Garrow said it will
help maintain and improve the malls. Other areas go to other streetscapes in those areas. Off site
is different than cash in lieu.
5. Maria Marrow spoke on behalf of ACRA. She applauded the city for efforts for diverse and
affordable commercial in Aspen. It is important that development mitigate its impacts. 15
people met this morning and ACRA continues to believe that the proposed code is still not fully
flushed out. They support reduced heights and a built environment. Further progress can be
made and in this state it is more likely to hurt than help. They have 7 items - 1. triggers, change
in use of property – eliminate to move businesses around. 2. Achieves employee housing at
expense of commercial. 3. Code needs to be derived from more metrics for diversity of retail.
Specialty versus general retail. 4. Concerned it will not deliver affordable retail to those who
want it. 5. Pedestrian amenity requirement of 25 percent is too high. 6. Need to think about who
are you helping and who are you hurting. 7. The need for fresh ideas. More time is needed. The
public is saying it doesn’t work.
6. Mark Hunt said the nook and cranny and second tier space will have to be a requirement. What if
there isn’t a demand for it and it sits empty. On the 25 percent for public amenity space looking
at the core none of these buildings have that. I get nervous about that. Ms. Adams said the
flexibility is the key. Mr. Hunt said he worries about design and architecture and meeting the
requirement.
Mayor Skadron closed the public comment.
Ms. Garrow reviewed the key decision points
Retail categories ordinances 29 and 30
One retail category – combine general and specialty or keep the differentiation.
Councilwoman Mullins said it should be one. Splitting does not accomplish what we are trying to. We
may end up with another SCI situation.
Councilman Frisch said it comes down to price point and category mix. If a 10,000 dollar sock store
wants to come here there is nothing stopping that. Where this plays out is the SCI and NC. It is
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overcomplicating a well-intended issue. The assumption that all watches and jewelry will be expensive is
not the case.
Councilman Myrin said he would like to see the two categories in outside of CC and C1.
Councilman Daily said he came in leaning towards the two categories but the more I thought about it I’m
not sure the distinction is required in the new regulations. I’m not sure we are accomplishing anything by
it.
Mayor Skadron said he thought Alan’s arguments are compelling by keeping the two categories. He
supports keeping both. The majority of council supports one category.
Mr. Richman said the majority is in support of it in the NC.
Councilman Frisch said to keep the two categories in the SCI and NC. Ms. Garrow asked does Council
support not allowing specialty retail in the NC zone. Councilwoman Mullins said it is getting too
complicated.
Councilman Myrin said NC and SCI could use the extra tool in the tool box.
Ms. Garrow said in CC and C1 general and special will be allowed on all building levels. For NC only
general retail will be allowed. MU will mirror CC and C1.
In ordinance 30 there is Section 3, that deletes some definitions that have been reconstituted. NC as a use
is proposed to be deleted. She would like to add that references part 26.700 shall also be deleted. It
captures just that we deleted the use.
Ordinance 33 commercial design standards and guidelines
Pedestrian amenity triggers encourage remodels over full development. Staff proposes adding to
pedestrian amenity triggers to exempt remodels that reduce space due to required building code
compliance.
Second space triggers exempt remodels that do not trigger demolition.
Exempt remodels that reduce space due to required building code compliance.
Councilman Myrin asked would the Tom Thumb remodel trigger any of this. Ms. Garrow said if they
were reducing pedestrian amenity space they would need to meet the requirement. Councilman Myrin
said the buildings would look the same on the outside. Ms. Garrow said if a space has been remodeled
enough times it usually means it triggers building code accessibility issues. Councilman Myrin said
walking by these buildings they would look pretty close to what they do now. Ms. Garrow replied yes.
She reviewed the code amendment language. It still ties everything to demolition and strengthens the
remodel option.
Councilman Myrin said he is hesitant on the second tier spaces. Ms. Garrow said there is no advantage to
second tier space. We want to encourage these spaces. They are allowed in a number of locations but
there is no real incentive. It is a mitigation discussion but not a design discussion.
Councilman Frisch moved to adopt Ordinance #29, Series of 2016; seconded by Councilwoman Mullins
with the amendment to allow specialty and general retail in the CC, C1 and MU zone district and general
in the NC. Councilman Myrin said he wants to see two categories in all zones so he will vote against it.
He thinks it could use a few more days of conversation. Roll call vote. Councilmembers Mullins, yes;
Daily, yes; Myrin, no; Frisch, yes; Mayor Skadron, yes. Motion carried.
Councilman Frisch Moved to adopt Ordinance #30, Series of 2016 with the correction to the scrivener’s
error to Section 3; seconded by Councilman Daily. Roll call vote. Councilmembers Frisch, yes; Myrin,
no; Daily, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
Ordinance 33
Councilman Frisch asked how are the two linked. Councilwoman Mullins said they are linked but with a
set of different tools. Tonight we are going down the list and oking the tools. By passing this it doesn’t
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mean tomorrow won’t be integrated with tonight. We are just fine tuning things at this point.
Councilman Myrin said passing tonight is ok but I don’t know what we will have tomorrow night.
Councilwoman Mullins said these are effective tools. I don’t know that they will change based on
mitigation. Tomorrow night will just be another tool.
Councilman Frisch moved to adopt Ordinance #33, Series of 2016 with the amendment to section
26.412.070 and 080 per the handout; seconded by Councilwoman Mullins. Councilman Myrin said as far
as timing he would wait until tomorrow to pass this along with the housing ordinance. The burdens on
the developer are interconnected. Roll call vote. Councilmembers Myrin, no; Daily, yes; Mullins, yes;
Frisch, yes; Mayor Skadron, yes. Motion carried.
At 10:23 p.m. Councilwoman Mullins moved to continue the meeting to January 24th at 4:00 p.m.;
seconded by Councilman Daily. All in favor, motion carried.
Tuesday, January 24, 2017. At 4:13 p.m. Mayor Skadron resumed the regular meeting.
Jessica Garrow said last night Council passed three ordinances resulting in lower heights and floor area.
The focus is on uses we want to encourage and those we want to discourage as well as mountain
character. Tonight we will look at focus on mobility over parking. Additional requirements of
development to mitigate its impacts.
Ordinance 32 – the current code is one size fits all. It spits out a number of spaces required. The new
code tailors parking to each zone. It still spits out a requirement but you can meet it in a number of ways.
The code changes are based on industry best practices. There are six key items changed in the ordinance.
Combine mobility and parking
Eliminated carried parking deficits
Parking maximums
Encourage shared additional or public parking
Parking impact requirements by zone district
Updated cash in lieu rate and study
Ordinance 31 commercial mitigation rate
Should previously unmitigated commercial and lodging space be required to provide affordable housing
mitigation when redeveloped or remodeled?
1. Full implementation. Mitigation for previously unmitigated space at a full rate. 60 percent
mitigation.
Butchers block example. Difference between credit and not is 2.5 million dollars.
2. Delayed mitigation. Mitigation for previously unmitigated space at full rate. Option to delay
payment or construction of housing.
3. Phased implementation. Require mitigation for unmitigated at full rate with scheduled annual
increases.
4. Exemption by zone district. Mitigation for previously unmitigated space at full rate. SCI and NC
at current rate and credit for existing.
5. Second tier exemption. Mitigation only applied for prime commercial space. Butchers block
required for first floor, second floor exempt.
6. Do nothing. Maintain current code. Butchers block treated the same as 517 E Hopkins.
7. Increase to 65 percent. Applied to all commercial and lodging zones.
Mayor Skadron opened the public comment.
1. Mark Hunt said there is such a small core and I do believe in the vitality. He would hate to see
anything go to where the goal is to absolutely stop development.
Councilman Myrin said he was trying to get to 100 percent but had no Council support on this. He is now
suggesting a phased implementation. A one percent over 98 years would get us there. It is better than all
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or nothing. It would allow orderly evaluations to adjust while housing the community and set us on a
course to 65 percent. It would close the loophole but it would take 100 years to get to 65 percent.
Mayor Skadron said it is easy for us to keep burdening development. The moratorium changes do add
some burden to the developer. Considering Karim’s email last night, and hearing from Mark, where is the
threshold. Councilman Myrin said that is being managed because there is no support from Council to do
it immediately and only adjusting to 65. It will suffocate development temporarily. My proposal is to
close it by one percent a year for the next 99 years. We will then close the carry forward credit. Mayor
Skadron said your long term view is the legislation has an impact in the long run. Phasing it won’t shock
the system or create a rush of applications.
Councilwoman Mullins said one of our jobs is to reach a compromise. 11-17-2015 memo said employee
housing was at the very top. A tiered rate is not the most effective way to accomplish the goal. What is
the impact of these unmitigated spaces. She would not support getting rid of the credits for the previously
unmitigated spaces. She would support increasing to 65 percent with a follow up study with no credits.
The worst thing we could do is create any threat to the housing program.
Councilman Frisch said he appreciates where Bert is showing some flexibility. The other thing we need
to talk about is do we want to exempt from a specific zone. We have done a few big affordable housing
studies and I felt comfortable that the mitigation we are asking for is good. I think legal does too. I don’t
think I need any more legal confirmation of that. I think Bert put an interesting offer on the table if we
want to get to full mitigation. We should talk about exemption by zone and by floor before we come up
with a number or a policy.
He has no problem going up to 65 percent but we should keep it at 60 and explore other options that are
on the table.
Councilman Daily said we have an interesting range of choices. We are trying to accomplish fairness to
both the developer and community. He likes a combination of numbers 1 and 5, with a recommend of 65
percent. Full implementation on the first floor yet exempt second tier spaces. We could phase the
implementation. He likes the simplistic approach though.
Councilman Frisch said if we want to get in the second tier exemption we need more time to figure out if
the exemption is what the community wants. The zones, if we really want SCI and NC to deliver all this
stuff.
Mayor Skadron said his goal is to stop the pendulum swing and find the sweet spot. Development that
brings hot beds, remodels and infrastructure improvements and benefits that mitigation brings. His
concern is that we leave the moratorium with sufficient protections against speculative development.
Preserve local environments and discourage scrape and replace that return high end businesses. He is
concerned as a local in the changes in Washington DC and the consequences of those changes. He is not
sure where the degree of that mitigation should be. Somewhere near number 3. He has great sensitivity
of Karim’s email and Marks comments and the Chambers comments. Regarding 60 to 65 percent, he
could go either way.
Some general consensus around 65 percent and a phased in method.
Councilwoman Mullins said 65 percent is an interim compromise until we can determine what we need
exactly. She does not see the backing for what is the best option. She would not be opposed to a phased
implementation. She needs to see a more complete argument for what is better than another.
Mr. Richman said for why phasing makes sense. It allows for the market to adjust, not shocking it from
the start. The ordinance anticipates steps which it would increase from year to year. There is still the
opportunity for council to intervene.
Councilwoman Mullins said if we look at the phasing she would suggest keeping it at 60.
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Councilman Frisch said it seems like there is support to do something. We need to figure out a starting
point that won’t shock the system. The exemption of tier spaces won’t get done tonight.
Councilman Myrin said for second tier space differentiated from second floor and basement. In the
butcher block example there was second tier on the first floor. Ms. Garrow said option 5 is second tier is
not ground floor. It is the only way we could figure out how to make it work within our existing system.
Councilwoman Mullins suggests leaving it at 60 and look at it after the moratorium.
Councilman Myrin supports 65 percent.
Councilman Daily is leaning to 65 percent. Trying to bring the LUC in sync with the AACP. Ensure new
and redevelopment mitigate all reasonable development.
Councilman Frisch’s preference is to leave it at 60. He will not vote no if it is 65.
Mayor Skadron will support 65.
Ms. Garrow said the options include both commercial and lodging. When we come back we will have
language for 65 percent and phase in for commercial only not pulling in lodging. The recommendation is
to continue ordinance 31 to January 30.
Councilwoman Mullins moved to continue Ordinance #31, Series of 2016 to January 30, 2017; seconded
by Councilman Frisch.
Councilman Myrin said the reason for one percent for 99 years is the pendulum swung too far. This was
intended to make a point. Mr. Richman said it got the ball rolling. All in favor, motion carried.
Ordinance 32 parking and mobility
1. Combines mobility and parking requirements
2. Eliminates carried parking deficits
3. Maintains minimum requirements maximums
4. Shared parking
5. Impacts by zone and use
6. Update to cash in lieu
Councilman Myrin asked if this apply to residential. Ms. Garrow replied it does. Councilman Myrin said
so in residential this can be applied. Ms. Garrow stated no they are required to do onsite parking.
Councilman Frisch said we are spending all this time phasing in housing. Parking is full bore right form
the get go. Confirm that won’t bring in a shock to the system factor. Ms. Garrow said it is more difficult
to phase in a parking requirement. In some way it is a status quo ordinance while introducing mobility
options. This is a phase in. We are combining two existing requirements into one. Mr. Supino said the
TIA and parking standards both exist but the process is different. From the end user standpoint this
increases some flexibility for them. In terms of outcomes this approach doesn’t represent a significant
enough change to represent a shock.
Councilman Myrin asked why are we not phasing in closing the parking loophole. Ms. Garrow said it is
very similar to the pedestrian amenity changes.
Councilwoman Mullins said can you assure me this will be understandable to someone. Ms. Garrow said
you determine what the requirement will be then it is menu style how you meet it.
Mayor Skadron said we have been talking about this for a long time and it is really progressive and
indirectly addresses the entrance to Aspen. This is a great place to start.
Councilman Frisch said it is important and progressive.
Mayor Skadron opened the public comment.
1. Marcia Goshorn said have you given any consideration for if a lodge or apartment building can
get credit for a shuttle service where they don’t have to bring a car. Ms. Garrow said yes, they
will get credit for that now.
Regular Meeting Aspen City Council January 23, 2017
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2. Toni Kronberg said she supports everything that is in the ordinance but it does not capture
enough. She would like to see this ordinance linked to the upper valley mobility plan.
3. Mick Ireland said he wants to advocate for longer term thinking. For a system where people
could voluntarily subscribe and be monitored and priced according to demand.
Mayor Skadron closed the public comment.
Councilman Myrin said the idea is well placed. CC and SCI both have 1 to 1 for parking ratio. This is a
concern because SCI has 0 on street parking. To treat it the same doesn’t reflect tailoring to the zone
district. There should be a difference in the mitigation since they are very different spaces. Either CC
should be lowered or SCI increased. Mr. Richman said the standard use to be 4 per 1,000 in SCI. Ms.
Garrow said CC and C1 are treated differently in how they treat their mobility requirements. Councilman
Myrin expressed concerns about shared parking.
Councilman Daily said he is very good with this. It is well crafted and thoughtful. We will make
adjustments when we get there. It will be a big help to us. He likes the requirement that each developer
submit a mobility plan for parking and transportation.
Councilman Frisch said overall he is very supportive. Shared parking is a great idea. He is not sure how
staff will be overseeing it. We are asking a few departments to oversee something that is new.
Councilwoman Mullins said there is an awful lot written about shared parking lately. It is the most
forward thinking of the six ordinances. It is really flexible in how the parking landscape will change. She
thinks we will be surprised in how mobility in the city will change.
Mayor Skadron said he wants to be certain our goal isn’t putting more pressure on an already overstressed
parking system. Ms. Garrow said that is not the intent here. We have the status quo of what is required
today and this is pulling together parking and mobility. How you meet the requirement may be different.
Mayor Skadron said he is ready to take the leap of faith.
Ms. Garrow had some clarifications to the ordinance. Section 26.515.04B2 – reference to 20 spaces in a
footnote. Eliminate 20 spaces and bring the footnote into the text. Table 1 on the next page – for hotel
lodge parking max should be 0.7.
In table 2 on page 11 of the ordinance, should be remaining commercial and lodging zones. In
commercial core onsite parking provision. Page 13 of ordinance, Section 26.150.60C,4, after 20 spaces
delete whichever greater.
Councilwoman Mullins moved to adopt Ordinance #32, Series of 2016 with amendments; seconded by
Councilman Daily. Roll call vote. Councilmembers Daily, yes; Mullins, yes; Myrin, no; Frisch, yes;
Mayor Skadron, yes. Motion carried.
ORDINANCE #2, SERIES OF 2017 – Extension of the Moratorium
Ms. Garrow said this will extend the moratorium for 17 days.
Councilman Frisch said the calendar doesn’t change. We will meet on the 30th.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Myrin moved to adopt Ordinance #2, Series of 2017; seconded by Councilman Daily. Roll
call vote. Councilmembers Frisch, yes; Myrin, yes; Daily, yes; Mullins, yes; Mayor Skadron, yes.
Motion carried.
Mayor Skadron said on behalf of City Council I would like to wish Art a happy birthday.
Regular Meeting Aspen City Council January 23, 2017
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At 7:05 p.m. Councilman Frisch moved to adjourn; seconded by Councilman Frisch. All in favor, Motion
carried.
Linda Manning, City Clerk