HomeMy WebLinkAboutminutes.council.20170213Regular Meeting Aspen City Council February 13, 2017
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SCHEDULED PUBLIC APPEARANCES -Black Diamond Award – Community Development
Department .................................................................................................................................................... 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCILMEMBERS COMMENTS .......................................................................................................... 2
AGENDA ADELETIONS & ADDITIONS ................................................................................................. 3
CITY MANAGER COMMENTS ................................................................................................................ 3
BOARD REPORTS ...................................................................................................................................... 3
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #11, Series of 2017 – Grant Agreement for Short Range Transit Plan ............................... 4
Resolution #18, Series of 2017 Underwriter Services Associated with Final Construction of a New
Public Safety Building .................................................................................................................................. 4
Resolution #10, Series of 2017 – Excavator Repair Contract ............................................................... 4
Resolution #15, Series of 2017 – Old Powerhouse Architecture and Design Services ........................ 4
Air Quality Monitoring Equipment budget authority ........................................................................... 4
Resolution #21, Series of 2017 – IGA with County, Stormwater Maintenance Agreement for Pitkin
County Library .............................................................................................................................................. 4
Resolution #16, Series of 2017 – IGA with County, River Management Plan ..................................... 4
Resolution #12, Series of 2017 – Aspen Police Department – CCA Change Order for APD CA Fees
& Interior Design .......................................................................................................................................... 4
Resolution #13 & 14, Series of 2017 – Aspen City Offices – Shaw APD ............................................ 4
Resolution #17, Series of 2017 – Esri Small Municipal and County Government Enterprise License
Agreement ..................................................................................................................................................... 4
Minutes – January 23, 24 and 30, 2017 ................................................................................................ 4
NOTICE OF CALLUP – Notice of HPC approval of Final Major Development, Final Commercial
Design Review, Growth Management, and Substantial Amendment for 422 and 434 E. Cooper Avenue,
HPC Resolution #35, Series of 2016 ............................................................................................................ 4
ORDINANCE #3, SERIES OF 2017 – Certificates of Participation Financing Associated with
Construction of a New Public Safety Building ............................................................................................. 5
ORDINANCE #4, SERIES OF 2017 – 427 Rio Grande Place ( Aspen City Offices) – Major Public
Project Review .............................................................................................................................................. 6
RESOLUTION #19, SERIES OF 2017 – Growth Management Allotment Rollover .................................. 7
RESOLUTION #23, SERIES OF 2017 -Policy Resolution Formula Business Regulations ........................ 7
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus (S. Aspen Street) – Planned Development and
Associated Reviews ...................................................................................................................................... 9
Regular Meeting Aspen City Council February 13, 2017
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Daily, Frisch,
Mullins and Myrin present.
SCHEDULED PUBLIC APPEARANCES -Black Diamond Award – Community Development
Department
Steve Barwick, city manager, stated during the moratorium it was a lot of work and many staff members
picked up additional work. Council and citizens asked for the planning department to receive this award.
Mayor Skadron said they guided us through the moratorium and the most significant land use code
changes since the 70s. We couldn’t have done it without the brilliant work of the community
development department.
CITIZEN COMMENTS
1. Freddie Wyatt, Munch and CO, ask council to look at cannabis private clubs. He asked council to
amend the current laws to permit for a safe environment for visitors and residents. We would
need to repeal the current marijuana law to allow private clubs as well as change the zoning code.
He asked council for a work session for a longer conversation to talk about this.
2. Emzy Veazy III talked to RFTA about drinking on motor vehicles. He also said the base salary
for police officers should be 100,000 a year. The city needs to get serious about snow removal.
3. Toni Kronberg thanked the Mayor and Council for all the work on the land use code updates as
well as the staff. She asked the Mayor to pull Resolution 15 on the powerhouse design updates.
COUNCILMEMBERS COMMENTS
Councilwoman Mullins said the world cup finals are one month away and is very exciting. Wagner park
will be the center for all the festivities. There is a link on the ACRA and Ski Co website. This is really
great for the town. On the chain store item, Chanel 9 in Denver covered it the other day.
Councilman Frisch thanked Jessica and her team for all the great work on the moratorium. When he
reached out to the Mayor in November of 2015 one of the first things they were advised about was the
load of work it would be on staff. We may have underestimated it a bit. Jessica and the team stepped up
and it was well deserved. I’m glad you were publically recognized.
Councilman Daily said he would like to second what Councilman Frisch said. He appreciates what
Jessica and her team have done.
Mayor Skadron said on this day in 1950 Aspen hosted the world ski championships. Zeno Colo won the
combined downhill. He was from Abetone, Italy which is now a Sister City of Aspen.
Mayor Skadron commented as congress and the DC administration appears to ramp up deportations,
personally and as a city, Aspen has never and will never, stop people on the streets and make arrests
based on race, religion, skin color, ethnicity, political beliefs or citizenship. And while Aspen is not a
designated sanctuary city, our values and principles have always let us. And those watching at home our
Aspen police will not engage in any type of law enforcement that involves any type of federal
immigration law. I want to thank everyone for their concern and some of the emails I’ve been getting.
We share the concern and Aspen is and will remain a safe place with kindness and inclusion remaining as
some of our top priorities.
Regular Meeting Aspen City Council February 13, 2017
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AGENDA ADELETIONS & ADDITIONS
Resolution #19 is on the consent item B moves to public hearing item B. Resolution number formerly
known as 14 will now be number 23 and moves to public hearing.
CITY MANAGER COMMENTS
Linda Manning, city clerk, spoke about the election nominating petition process. Petitions for running for
mayor or city council can be picked up in the city clerk’s office and can be circulated now through March
13th. To be a candidate you must be a registered Aspen voter and an Aspen resident for at least one year.
The petitions require 25 signatures from registered Aspen voters. For more information, stop by the city
clerk’s office.
BOARD REPORTS
Councilwoman Mullins said the RUEDI board reviewed the first quarter report. In August there will be a
public event to make the community more aware of what goes on in terms of hydro. The Board supports
the water shed implementation. Aspen is ahead of most in terms of the landscape plan.
Mayor Skadron said that at the RFTA meeting the US Forest service, the division that oversees Hanging
Lake, is asking if RFTA is interesting in overseeing shuttles to the trail. They are still discussing the Rio
Grande corridor access plan. His concern is the rail banking preserves the corridor. If the status is put in
jeopardy it could return to the adjacent land owners. Glenwood Springs is considering rethinking the
status of the trail. What I’m arguing for is to pursue an optimal use for an entire trail experience.
CONSENT CALENDAR
Reso 21 & 22
April Long
Councilwoman Mullins said the IGA with the county was a 2015 goal. Thanks for working with the
county.
Reso 11- Transit plan
Councilman Myrin said this is combining low performing routs to demand routs.
John Kruger, transportation, said we will look at all the routes and it may be turning some of the fixed
routes into on demand. We will be looking at performance and seeing if there is a better way to operate
them.
Resolution 13 & 14 – APD
Jeff Pendarvis, asset, said this is a process change, five percent of construction cost and to exact those on
an add needed basis. Councilman Frisch said it is 800,000 dollars now. How far into the project are we.
Mr. Pendarvis replied we just about completed the excavation and rerouting the electric service.
Councilman Myrin asked about the CORE sustainability grant. Mr. Pendarvis said we are going for a
LEED gold building and requesting a grant for the maximum amount for the Randy Udall grant and
anticipate receiving the 200,000 dollars. If we don’t receive those there is a gap in the funding.
Councilman Myrin asked if we would still build the same level if we don’t receive the funds. Mr.
Pendarvis replied yes. Councilman Myrin asked if it is still a fossil free building. Mr. Pendarvis said it is
still a boiler building. We looked at geothermal and due to the close proximity of the neighbors we were
unsure of the burden on the neighbors. It is a 24 hour building and we didn’t think it was the best use of
the dollars.
Reso 15 – old power house.
Regular Meeting Aspen City Council February 13, 2017
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Evan Pletcher, asset, said these are upgrades to mechanical, installation of an elevator and renovation of
the space from the art museum. It will include windows and a new roof. Jack Wheeler, asset, said it is
preservation of the building. We anticipate using the building for three to four years with city offices.
Councilman Myrin asked if it will be ready for occupancy December 2018. Mr. Wheeler replied it can
be. The timing will be at council direction. We will be using it for departments starting March this year.
Reso 17- ESRI licensing agreement
Bridgett Kelly
Councilman Myrin said Mike at APCHA is working on a database inventory if there is a way to include
that it would be great. Bridgett Kelly, GIS, said it is already underway.
Resolution #11, Series of 2017 – Grant Agreement for Short Range Transit Plan
Resolution #18, Series of 2017 Underwriter Services Associated with Final Construction of a
New Public Safety Building
Resolution #10, Series of 2017 – Excavator Repair Contract
Resolution #15, Series of 2017 – Old Powerhouse Architecture and Design Services
Air Quality Monitoring Equipment budget authority
Resolution #21, Series of 2017 – IGA with County, Stormwater Maintenance Agreement for
Pitkin County Library
Resolution #16, Series of 2017 – IGA with County, River Management Plan
Resolution #12, Series of 2017 – Aspen Police Department – CCA Change Order for APD CA
Fees & Interior Design
Resolution #13 & 14, Series of 2017 – Aspen City Offices – Shaw APD
Resolution #17, Series of 2017 – Esri Small Municipal and County Government Enterprise
License Agreement
Minutes – January 23, 24 and 30, 2017
Councilman Frisch moved to adopt the Consent Calendar; seconded by Councilman Daily. All in favor,
Motion carried.
NOTICE OF CALLUP – Notice of HPC approval of Final Major Development, Final Commercial
Design Review, Growth Management, and Substantial Amendment for 422 and 434 E. Cooper Avenue,
HPC Resolution #35, Series of 2016
Amy Simon, community development, told the Council in 2012 an approval was granted. This property
is located by the Red Onion on a 9,000 square foot lot that houses office and now Tesla. The approval is
to tear down the poster shop and replace it with a three story free market building. It was approved with
three year vesting. More recently HPC received an application for the Bidwell building. In 2015 HPC
started the review and granted conceptual approval. They are two adjacent properties that are sent
through call up at Council. The properties were acquired by the same ownership. The owner approached
Council and asked for an extension of the vested rights and to change the project and pull it into the
Bidwell development to pull the circulation together. In exchange they would drop the free market and
drop the height. In October HPC reviewed the combined project. Council said they wanted to see the end
result. HPC reviewed the end result and continued the project for height and a further review of the
corner building to November 30th. The applicant informed staff they had a significant redesign of the
project and staff did not recommend the design. HPC approved the project 5 to 0. The next agenda item
is a request to extend the vested rights. They are running out of time and in May will be faced with
building the approvals with the free market. They next available date will be April 10th. Should you like
to have this called up we would ask that to happen on April 10th as well.
Councilman Frisch said he is concerned to how much of a redesign was done. It sounds like they made
something more than what is traditionally done. He is interested in hearing more about what those
changes were. He thinks we need to give extra special care here.
Regular Meeting Aspen City Council February 13, 2017
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Councilman Myrin said he would support a call up. It is an important corner. He would like to better
understand it.
Councilman Daily agrees with the call up. It is too significant a building to not look at hearing it at this
table.
Councilwoman Mullins said it is doubling up the public amenity and TIA and she is not sure that is
appropriate. The material is concerning that the brick has not been decided yet. The real concern is the
inconsistencies between the drawings and the submittal. All those things need to be pinned down before
we give this project the ok.
Mayor Skadron said he supports the call up as well.
Councilwoman Mullins move to call up HPC Resolution #35, Series of 2016 and continue the vested
rights Resolution #20, Series of 2017 to April 10, 2017; seconded by Councilman Daily. All in favor,
motion carried.
ORDINANCE #3, SERIES OF 2017 – Certificates of Participation Financing Associated with
Construction of a New Public Safety Building
Don Taylor and Pete Strecker
Mr. Strecker said this is for the finance the new APD building. COPs have been used in the past for the
Isis building and the Rio Grande Parking Garage. There are different options to finance new construction
with COPs being one of them. Some of the advantages include they are allowable under tabor and
provide an annual lease payment. They are not considered long term debt. The Charter allows us to
consider public department lease payments to pay of COPs. There is an advantage to move forward now.
Construction costs are on the rise. A one percent increase in construction costs is a 200,000 dollar cost
increase. COPs have a slightly lower rating. Parameters on transaction since it will not be completed
until April. The maximum interest rate will be 5.5 percent. The site lease will be 30 and 40 years. It is
an attractive investment. The City has a good credit rating and the Aspen brand carries a lot of investors.
Laura Frank, PFM, is our financial advisor.
Councilman Myrin said if we use cash it would impact the next construction project. Is that also going to
be funded the same way. Mr. Strecker said we have two additional projects on the horizon; the admin
offices and the renovation of this building. We will pay cash for the renovation of this building and COPs
for the new building. Councilman Myrin said the theme for COPS when interest is going up and general
obligation bonds when it is down. Mr. Taylor said he is not sure that is what drives the use. When timing
is important we tend to use COPS. There is not an election required. They work well for buildings
because the lease back construction works well. They are easy to understand. Councilman Myrin said if
we plan ahead and there is a lower rate on the GEO bond, we have to ask the community. This seems to
be a work around tabor. He is confused why we need a process to work around. Mr. Taylor said we’ve
talked about this and there was an opportunity to do that. Councilman Myrin said he does not want to
repeat the same thing if there is an opportunity for a lower rate on a GEO bond on the city office. Mr.
Barwick said in these case for the COP if we were to try to anticipate that with the 9 months of an
election, you tend to end up with a delay in the project. We view this as the cheapest possible way of
doing this and it reduces interest rates. There are pros and cons of each. I understand the desire to go out
to the voters but it has downsides to it. In this case it has clear downsides to it. Councilman Myrin said if
we have the cash to do the armory I think we should and if the GEO would save the city money on the
other we should look at it. I’m not sold it would increase out costs on the construction contracts.
Regular Meeting Aspen City Council February 13, 2017
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Councilman Frisch said he shares a little bit of Bert’s view. I think we need to acknowledge if we were
doing a GEO bond we would be going to the voters. He is supportive of this for now. He would like to
revisit how we are financing the next couple of buildings and the pros and cons of the funding options.
Mr. Taylor said in speaking to the characterization of the end around of the vote. We paid cash for
Burlingame, that was not an end around for a vote. We are going to pay cash for one of the three of these
projects. COPs are done all over the country. It is plain vanilla. It is another option based on timing and
other factors. Councilman Frisch said I appreciate that. Being able to pay cash is great and a luxury we
have but I don’t see anywhere in the memo that this does not need to go to a public vote.
Councilwoman Mullins said we have had this discussion previously about the different ways of financing
and she does not object to having it again.
Councilman Daily said it is an interest rate of 4 percent. It may be closer to 5.5 when the pricing takes
place. Mr. Strecker said they are still hoping for 4. The upper bound of 150 basis points. Mr. Taylor said
you are giving us permission to sell this at a rate of up to 5.5 percent. If there are conditions that work
against it is up to 5.5. it is not an expectation that it will be 5.5 it is flexibility in case the market goes up.
Councilman Frisch moved to read Ordinance #3, Series of 2017; seconded by Councilwoman Mullins.
All in favor, motion carried.
ORDINANCE #3
(SERIES OF 2017)
AN ORDINANCE AUTHORIZING THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS OF
THE CITY, AND IN CONNECTION THERWITH AUTHORIZING THE LEASING OF CERTAIN
CITY PROPERTY AND THE EXECUTION AND DELIVERY BY THE CITY OF A SITE LEASE, A
LEASE PURCHASE AGREEMENT, A DISCLOSURE CERTIFICATE, A PRELIMINARY
PURCHASE AGREEMENT, A DISCLOSURE CERTIFICATE, A PRELIMINARY OFFICIAL
STATEMANT AND OTHER DOCUMENTS AND MATTERS RELATING TO CERTAIN
CERTIFICATES OF PARTICIPATION, SERIES 2017; SETTING FORTH CERTAIN PARAMETERS
AND RESTRICTIONS WITH RESPECT TO THE FINANCING; AUTHORIZING OFFICIALS OF
THE CITY TO TAKE ALL ACTION NECESSARY TO CARRY OUT THE TRANSACTIONS
CONTEMPLATED HEREBY; RATIFYING ACTIONS PREVIOUSLY TAKEN; AND PROVIDING
OTHER MATTERS RELATED THERETO.
Councilman Frisch moved to adopt Ordinance #3, Series of 2017 on first reading; seconded by
Councilwoman Mullins. Roll call vote. Councilmembers Daily, yes; Frisch, yes; Myrin, yes; Mullins,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #4, SERIES OF 2017 – 427 Rio Grande Place (Aspen City Offices) – Major Public
Project Review
Councilman Myrin said on page 782 of the packet his home is in the upper left corner. He received
noticed on the project and has recused himself.
Justin Barker, community development, said this project was submitted by the City and is represented by
Lamont Planning and Cunniffe Architecture. The property comprises three lots is zoned as public with a
PD overlay. The existing development includes the Rio Grande building, parking department, ACRA and
parking lots. The applicant is requesting to subdivide lot 1 with the park, sanctuary and parking lots into
two lots and combine it with the other two lots. They also want to demolish the existing ACRA offices
and replace it with the new city offices. The application is also for the remodel of the Rio Grande interior
and exterior access, stormwater improvements and plaza landscaping. This is a public process review. It
is a three step review including P&Z with the second and final step with City Council. P&Z
recommended approval 6 to 1. Staff recommendation is to have the public hearing on February 27th.
There is an open house on February 23rd from 11am to 1pm at the library community room.
Regular Meeting Aspen City Council February 13, 2017
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Councilwoman Mullins asked if it is a two step process. Mr. Barker said one of the reviews is PD which
would be three steps. Since it is under the public process it consolidates the third step.
Councilman Frisch moved to read Ordinance #4, Series of 2017; seconded by Councilman Daily. All in
favor, motion carried.
ORDINANCE NO. 4
(SERIES OF 2017)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MAJOR PUBLIC
PROJECT REVIEW APPROVAL FOR 427, 455 & 480 RIO GRANDE PLACE, LEGALLY
DESCRIBED AS LOTS 1, 2 & 4, RIO GRANDE SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Councilman Frisch moved to adopt Ordinance #4, Series of 2017 on first reading; seconded by
Councilman Daily. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Daily, yes; Mayor
Skadron, yes. Motion carried.
RESOLUTION #19, SERIES OF 2017 – Growth Management Allotment Rollover
Sara Nadolny, community development, told the Council each year the city starts with a set number of
growth management allotments including free market housing, commercial and lodging.
At the beginning of each calendar year review staff asks Council to review the previous year allotments
and decide if you would like to carry forward any unused allotments to this year. No allotments were
carried forward from 2015 to 2016. In 2016 growth management applications were made for 8 free
market residential allotments leaving 10 unused, 28,045 commercial allotments leaving 5,255 unused.
Gorsuch has requested a multiyear allotment and requested all 112 lodge pillows. For free market
residential and commercial, Council may choose to carry forward the unused allotments. Council should
consider community growth rate, ability to absorb growth and expected impact from development that has
received allotments but yet to be built. There are a number of projects that have received approval and
are in the process of being developed. Council has not rolled over any allotments since 2013.
Councilman Myrin said if we accept staff recommendation and do not roll over it will be four years since
we last did. Ms. Nadolny replied that is correct.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilman Frisch said if someone buys a 112 pillow hotel, tears it down and builds a new 112 pillow
hotel it starts a new. At some point we are going to have to talk about this. Residential is 98 percent built
out.
Councilwoman Mullins said it is a conservative way to look at it and I support staff. Councilmembers
Frisch and Daily agreed.
Councilwoman Mullins moved to adopt Resolution #19, Series of 2017; seconded by Councilman Daily.
All in favor, motion carried.
RESOLUTION #23, SERIES OF 2017 -Policy Resolution Formula Business Regulations
Jessica Garrow, community development, stated this policy resolution is to amend the code related to
chain store regulations. It is a three step process and includes public outreach. It was brought forward by
a group of citizens. In January there was a forum at the Aspen Institute. There are open ended questions
on aspencommunityvoice.com.
Regular Meeting Aspen City Council February 13, 2017
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It will be a conditional use review for new restaurants and chain stores. They are defined as having 11 or
more locations with two or more standardized things such as merchandise, services, logo, trademark and
uniforms. The ordinance is modeled after the one in Fredericksburg, Texas. The conditional use review
would be completed by P&Z. It would meet our existing conditional use review plus three additional
criteria including promote diversity, consistency with the unique and historic character of the zone district
and compatible with existing uses and not result in overconcentration of use in the zone.
It would be for the CC, C1, Main Street and historic district. Lodge and CL already require a conditional
use review for the upper floors.
Questions for Council
Coordinate triggers. 35 percent is included, but not in the code. Staff recommends 40 to coordinate with
demolition and existing GMQS triggers. Staff would also like to strengthen the conditional use criteria to
tie more to the AACP statements. They would like to remove the building relocation trigger due to the
impacts it may have on historic preservation. They also suggest formatting changes to coordinate with
existing zone district code language.
If approved tonight, first reading would be scheduled for February 27th and second reading on March 6th.
Ms. Garrow entered two letters into the record. One from Brook Peterson not in support and one from
Emily M in support.
Councilwoman Mullins said the public outreach consists of the website. Ms. Garrow replied yes, there is
not additional outreach we can do. It is possible Jerry and his group can assist in that. We did not include
HPC since they do not see conditional use reviews. Councilwoman Mullins said the 11 locations, what is
the justifications and the two items from the list. Where did they come from. Ms. Garrow said it has to
be 11 and two characteristics. They are typical from the other ordinances. Councilwoman Mullins said
she does support the other suggestions. We want this to work with the revised land use code.
Councilman Myrin asked what would the public outreach look like if Jerry were to do it. Ms. Garrow
said she is not sure. This is new territory. We would hold small public groups. Councilman Myrin asked
is there a possibility of an open house. You mentioned Alan and Mark provided input. Is it possible to
reach back to them once we have a final version. Ms. Garrow said we could but we would need budget
allocation. Councilman Myrin said he wants this to fit in well with everything they worked on. He
supports staff recommendation for 1 through 4.
Councilman Daily said he agrees with Bert’s comments. He thanked Bill for running the numbers on the
formula retail as a percent of the total retail.
Councilman Frisch said we should look at 40 percent and keeping the land use code as cohesive as
possible. We should try to do as much public outreach as possible.
Mayor Skadron said Council supports the staff direction on the four questions. When you suggest
strengthen the conditional use what do you mean. Ms. Garrow said the objective; include Aspen wishes
to maintain balance for visitor and residents, the opportunity to flourish, limited commercial areas daily
needs are met, unique image where resident and visitors entertainment needs are met. Business would
need to meet one standard in each category. Page 570. Mayor Skadron said how do you envision this
happening in real life. Ms. Garrow said no matter what the criteria, it is difficult and subjective. Let’s
give as many tools and be as closely related to the AACP as possible.
Councilman Myrin asked for the minutes of a community that has had that meeting.
Jeff Conklin said Sonoma, Nantucket and preserve the character of communities. Mayor Skadron asked
how similar are Sonoma and Fredericksburg. A conditional use review in its nature is subjective.
Regular Meeting Aspen City Council February 13, 2017
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Mayor Skadron opened the public comment.
1. Bill Stirling said social engineering is Aspens middle name. it will have some subjectivity to it.
It will send the signal out we want to protect the special things in Aspen.
2. Mark Fredberg said he has a lot of respect for the town and work on this issue. Aspen is such a
unique entity. Our destination is toward the arts. These stores do fund a lot of the things we
enjoy in this town. Be cautions.
3. Ward Hauenstein said there is still some messy vitality going on in this town.
Mayor Skadron closed the public comment.
Councilman Myrin moved to adopt Resolution #23, Series of 2017; seconded by Councilman Daily. All
in favor, motion carried.
ORDINANCE #39, SERIES OF 2016 – Gorsuch Haus (S. Aspen Street) – Planned Development and
Associated Reviews
Jennifer Phelan, community development, told the council this property is located at the base of 1 A. It
involves a lift relocation and a new lift. It is also for new free market, lodging and commercial uses.
There are a number of land use approvals. This is a three step review process. The first step went before
P&Z last on September 20th. The recommendation was for denial after a lengthy debate. The second
step is a council review for mass, scale, site planning and programming. If council approves, the third
step is back to P&Z for materials and smaller issues. There has been quite a bit of public comment with
this application. Letters included with original memo and handed out to council as exhibit U. Public
notice is required and provided as required.
There are four properties located at the end of S Aspen Street and lift 1 A base. It comprises about six
acres. There is also property in the City right of way. Currently it is located in the conservation zone and
the applicant is requesting a rezone to ski area base. There are no dimensional requirements in this zone.
It is a site specific approval memorialized through a PD. They are requesting to redevelop S Aspen street
to a cul de sac with a mixed use building. Stair entry to a new relocated ski lift to east of the building
with a ski return to the eastern boundary. The programming associated is for 67 lodge units with 81 keys.
6 free market, 1 affordable housing unit onsite and 6,800 square feet of commercial operations. 61
parking spaces in an underground garage. Just over 70,000 square feet of floor area. Typical lodge
amenities with spa and fitness and meeting space. The PD is a primary review for mass, scale and
dimensions. It will need rezoning approval, commercial design review, environmental sensitive review,
view plane review, GM reviews and subdivision approvals needed. A vesting request of five years is
asked for as well.
Site planning includes four parcels reconfigures into two lots. Various easements will need to be vacated
or amended. Requests to vacate ROWs on half of Hill Street and Summit Street and a portion of Aspen
Street. Lot 1 will have the hotel and amenity and ski lift base. Both PD, viewplane and greenline look at
ROWs. In regards to site planning issues staff does not recommend vacating the ROWs. There are some
improvements that appear to cross the lot one lot line.
Dimensions are set by the PD. There is a request to rezone to ski zone. It is currently zoned
conservation. Adjacent is a lot of land zoned lodge. Lodge has a sliding scale for floor area and height.
It would be limited to a height of 28 feet. The project is proposing a height of 49.
Programming includes 67 lodge units with 81 keys. The average unit size is 521 square feet. The free
market component is 1500 to 2000 with a TDR. Dimensions are larger than what would be permitted in
the conservation or lodge zone.
Design and architecture. Conceptual commercial design is required. Staff appreciates the materials but
needs to minimize the mass. The length is over a block face long. There is a lot of affordable housing
mitigation required for this project. It averages to 53 employees that need to be mitigated for. One onsite
unit is proposed and the balance is off site credits. They are also asking for a longer vesting. Staff is
recommending focus on site planning and massing. What we really need to be looking for is direction of
a cul de sac, should the rights of way be vacated, scale, size and height and lift access,
Regular Meeting Aspen City Council February 13, 2017
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Jeff Gorsuch and Jim Defrancia
The Core objectives are to create a true new mountain portal, replace a deteriorating lift 1 A and bring
needed new lodging to the city.
Richard Shaw, design workshop
Mr. Shaw explained the ski return.
David Corbin, Aspen Ski Co, said they are a consenting land owner to the application and have a
contractual obligation to build the lift should this go forward. The portal is very important. The west side
portal and revitalization is important as well as the service entrance to the mountain. Functional aspects
extend beyond the mountain. The requirements are met functionally. We can make this work. At P&Z
there was lots of discussion on how may the lift be lowered. We are constrained by our property
ownership. He showed images of possible lift locations if there were no restrictions on ownership or
other restrictions. Alternate means or methods for getting up there. A platter lift that was proposed in the
coop was a compromised solution between 4 stakeholders. The world has changed since then. We do not
support the platter proposal or think it will work. It only provided for one-way operation.
Mr. Shaw said the base amenities include a public plaza, restrooms, lockers, ticketing area and restaurant.
Hospitality includes 81 lodge keys and 67 hotel rooms.
Summer and winter mountain accessibility to the project.
Transportation service from Rubey Park back to hotel.
Restored upslope use.
Councilman Frisch said it seems to be two related conversations; hotel and lift. Helpful for clarity to
explain this view. If you could put a chair at the bottom would the chair even clear the lift 1. Mr. Corbin
said it is difficult to begin with. There are a variety of tramway exceptions and a concern with fire.
Councilman Frisch said the Dolensic property was purchased by the city and there is some type of
restriction on ski lift access. Jim True, city attorney, said they adamantly restricted and demanded no lift
on the property or overhead the property. They insisted on the restriction. Councilman Frisch said this
illustrates the dream on how do we get the dream of a lift at the end of Dean St. There has been a big
discussion on the whole lift access.
Ms. Phelan said she suggested there are a number of firms that do this type of work and we could do a
third party opinion.
Councilman Frisch asked about the easements and ROWs. Ms. Phelan said it looks like part of the garage
would go past the property line.
Mayor Skadron said Jeff I believe every word you said. It is a beautiful vision. Why so big.
Mayor Skadron opened the public comment.
Mr. True noted for the record Councilman Daily has recused himself.
1. Trey Desenberg said he has reviewed the traffic study and has a few issues. The cul de sac mixes
public and private uses. It need a cul de sac that works as a turn around and for drop offs. 30
accidents on S Aspen street last year and he thinks it will be a bigger issue next year.
2. Bill Stirling said over 8 years since the coop met and no hotels were approved over that process.
The Brown family project is not a hotel. There is no other place for a hotel to go other than this
location. It will not block anyone’s view but it will offer hot beds. It will be a great venue for ski
racing. Clearly a lot of moving parts. Great opportunity to build life into this side of the
mountain.
3. Vanessa Corona said we need ski racing in Aspen. It is classy and beautiful. She would love to
see a fun classy place.
Regular Meeting Aspen City Council February 13, 2017
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4. Weems Westfeldt said it is a pretty small project in terms of the other hotels in town. It has to do
with vision. Do not lose site of the vision. We have a chance to rebuild the west side portal.
Locals who are listening to the voice of Aspen. It is a unique opportunity.
5. Megan Bourke said she is supportive of the hotel. It is an opportunity to bring life in to the town.
Hope we can put a hotel there.
6. Bart Johnson – lift 1 project – submitted a letter that said the ski base zone exists only at Aspen
Highlands. It is a theme of privatization of S Aspen Street. We don’t think it is appropriate. The
hotel blocks access to the lift.
7. Bill Rom said he is in favor of the hotel. 1 A area needs the hotel. Encourages the
redevelopment.
8. Marissa Latsly said she is in favor of the hotel. Representing homeowners. Hoping Jeff runs the
shuttles on Durant and Aspen. Hope they stay in bus lanes.
9. Patrice Becker is opposed and would like to see shadow mountain preserved. Believe 25 foot
limit should be honored. 70,000 is too large footprint for the neighborhood. She is asking
council to table the entire plan.
10. Mark Friedberg said he endorses what Bill Stirling said. It would make a huge mistake if we did
not think positively about putting a hotel in this location. Most of the accommodations in town
are getting tired. We need another good hotel and it should be at the base.
11. Beth Hoff Blackmer said she supports this project. We need the vibrancy and another hotel. This
building grades to the hillside. It is the best we can do. We have to keep up with the resort
industry.
12. Peggi Mizen thanked P&Z for rejecting this application. Encouraged council to table this until
the S Aspen developments are done. Think about working with lift one lodge about a new base
area.
13. Alex Biel urged council to reject the application. Too tall and massive to fit in the middle of a ski
run. Should be no more than 28 feet. Why don’t you think of taking it to a vote.
14. Marcia Goshorn said this will bring life back to lift 1 area. Think this should be approved.
15. Phyllis Bronson said she does not like this project. It is really big and daunting. Think this side
of the mountain may need a hotel but it must be really discerning. Confused, because Jim and
Mick opposed Base 2 and she would rather have a good building in the core with a few variances
than this. The shuttle idea is ludicrous in terms of the new code.
16. Susan Welsch said that area of town deserves some type of hotel. Think it should be scaled back
half the size. It will look larger because it is longer and goes up the mountain.
17. David Guthrie said this hotel is exactly what to do on this site.
18. Patrick Segal said he hopes a hotel gets built. Should be a model of environmental sustainability.
Should not allow a change in zoning.
19. Jeffrey Halferty said this is an excellent opportunity for Aspen and a fantastic anchor for that part
of town. Great job of listening to the community and staffs concerns.
20. Patrick Daerbyn – coach at AVSC. Wants a new lift, faster. The hotel will fit in and revive that
part of town.
21. Dave Denholm said he is a big advocate of project. It will bring the community together. This
moment in time will pass. Trusts Jeff’s vision.
22. Jim Cardamone said he is a strong supporter of the project. Believe in the tradition of world class
skiing. Need a new lift. Bathrooms and food would be great. The size of the hotel needs to
make sense economically.
23. Chris Davenport said he supports the project. Growth is tough and some people don’t want to see
changes. The Nell, Regis and Limelight went through this. We spent a lot of time talking about
locally owned serving businesses. Believe in the team and know they can work through this.
24. Marc Zulianheto works for Ski Co and said lift 1 A needs something done. Hopes it gets built as
soon as possible.
25. Ruth Carver said it is important to revitalize that area of town. Is this the right project. We need
to do this right. Look at the cul de sac.
Regular Meeting Aspen City Council February 13, 2017
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26. Toni Kronberg said there are two issues here, scale height and mass and placement of the lift.
The views of Aspen mountain will be blocked by the building. It is one block long. Concerned
with how you will get people safely up and down the road. The solution is to bring lift 1A further
down the mountain. Suggested hiring a third party consultant to study alternatives.
27. Jessie Hoffman said it is naive to say development will never happen here. If it will it should be
Jeff and his team.
Mayor Skadron closed the public comment.
Councilwoman Mullins said it is 50 /50 when you take all the public comment. Seems like most people
realize something needs to happen there and we need to reactivate that side of the mountain. I’m in
agreement there. The issues are primarily it’s too massive. The biggest issue is the lift. The portal needs
to be physical accessible. The mass and scale could be brought down a bit. She is not convinced we need
the ski area zoning. Revitalizing is not burying the lift within the hotel complex.
Councilman Myrin said there has been a lot of talk about replacing the lift with funding from the hotel.
Maybe there is a way to do a taxing district to do it. Same thing with the transit. He would like to see
something that is sustainable. Ski base may not be appropriate. The concept has some validity.
Compromises from both sides need to get there. He is disappointed that they did not get there at the P&Z
side. This deserves another meeting. He supports all the staff concerns.
Councilman Frisch said it is a community shame if there wasn’t a hot bed at the base of the ski area, not
at all cost. To retain and enhance our ski racing future. We have to think of it as a future issue. The
revitalization of the west side and the days of the chair are numbered. It has been suggested by staff the
possibility of a third party to study the access. Is it a legal issue or an engineering issue. He does think
there is value in what a neutral party may think in alternatives. On zoning, conservative is tough to
swallow for long term for the base of the ski area. He is a little troubled with having the zoning work out
to exactly with what the application is asking for in ski base lodge. The height issue is worth exploring.
Closer to the lodge zoning than you may think. Transit of the shuttles troubles me a little as well. When I
read there was a 0 to 6 P&Z vote I made the comment that if you can’t get a single vote at P&Z or HPC I
don’t know you should come to the council table. I think that needs to be recognized. I would love to see
some type of lodge that gets the support of the majority of the community and will give a fair bit of lee
way but not at all costs.
Mayor Skadron said he is desirous of a hotel in this location. It is a missed opportunity for generation to
come should town houses end up here. What is the ratio of free market square feet to the overall project.
Ms. Phelan replied 17 percent. 73 percent to lodging. Mayor Skadron asked have we seen other projects
that requested vacation of ROWs. Ms. Phelan stated the Jerome and Limelight. Mayor Skadron said he
is concerned about the shuttle and need an alternative. Are you opposed to an alternative to the lift or a
third party. Mr. Gorsuch said if you want a third party analysis there is no reason not to do it. Mr.
Defrancia said we have to do with the realities of the buildings that are there. Ms. Phelan said there have
been a lot of discussion of the lift brought down to Dean Street and I think there are some value of the
limitations of the corridor. Mayor Skadron said regarding the change in zoning to ski, what is allowed by
right under lodge. Legislative act, have you considered putting the rezone question to a vote. Mr. Ireland
replied yes but you need to give us some direction. Mayor Skadron said would you consider building this
with no free market. Mr. Gorsuch replied yes, but we would need more hotel rooms. Mayor Skadron
said vacations, generally I’m opposed to the conversion of public spaces to private uses. Mr. Shaw said
the site becomes not usable without the vacations.
Councilman Frisch moved to continue Ordinance #39, Series of 2016 to March 6, 2016; seconded by
Councilman Myrin. All in favor, motion carried.
Regular Meeting Aspen City Council February 13, 2017
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At 11:33 p.m. Councilwoman Mullins moved to adjourn; seconded by Councilman Myrin. All in favor,
motion carried.
Linda Manning, City Clerk