· Resolution
#8, 2008 – Contract AACP Existing Conditions
ORDINANCE
#1, SERIES OF 2008 – 434 E. Cooper (Bidwell Building) Subdivision
RESOLUTION
#9, SERIES OF 2008 – South Aspen Street Extension of Vested Rights
ORDINANCE
#29, SERIES OF 2007 – 634 Hyman (Wienerstube) Subdivision
Mayor
1. Toni
Kronberg said the X Games were wonderful; however, there are issues with public
transportation and the city should be working on solutions for next year. Ms. Kronberg told Council she is committed to
coming up with a solution for the Entrance to
1. Councilman Romero thanked all the volunteers who joined the Citizens’ Budget Task Force. Council had the first meeting with them last week.
2. Councilman
Romero thanked the
3. Mayor
Ireland said he attended 3 days of X-Games.
The city of
4. Mayor Ireland noted the X-Games were a great experience and were relatively trouble free with no incidents at Buttermilk.
5. Mayor
Ireland said the street crew continues to do an awesome job. Mayor
6. Mayor
Ireland also thanked all the people who volunteered for citizen’s budget task
force. Mayor
7. Mayor Ireland noted the next EOTC meeting is February 14th at 2 p.m.
Resolution #8, Series of 2008 – Contract AACP Existing
Conditions Report – Jessica Garrow, community development department, told
Council this $75,000 contract with RRC,
Mayor
Councilman Romero said the growth management piece will be
done by Alan Richman and Mitch Haas and asked if this is included in the
$75,000 budget. Ms. Garrow said it is
not; it is a different topic and growth management needs a specific effort. A growth management data base and build out
study will be done. Councilman Romero
asked about the graphic design piece and from where will this be paid. Ms. Garrow told Council the monies for this
contract and the growth management piece will be taken from the 2007 carry
forward, which is $84,000. Ms. Garrow
said the public process will be a different budget. Mayor
Toni Kronberg asked what the existing conditions will be compared against. Ms. Kronberg asked about the interaction with the public in this first phase. Ms. Kronberg said she does not want to see a report prepared and then have the community comment on the report. Ms. Kronberg said there is a separation between allowed zoning and the vision of the AACP. Mayor Ireland said existing conditions report is not a plan; it compares conditions like traffic levels, build out, heights, populations, incomes, economics, tourist visits and outlines the state of activity, not whether things comply with the AACP.
Councilman Romero moved to approve the consent calendar; seconded by Councilman Skadron. The consent calendar is:
All in favor, motion carried.
Ms. Phelan told Council the HPC received an application for a demolition review for this property, which HPC approved. Council called up that recommendation; Council upheld the HPC’s decision. Council initiated an application for historic designation. HPC recommended against designation; Council voted against historic designation. The applicants applied for and received conceptual approval for a new building. The applicants also received growth management approval from P&Z.
Councilman Skadron asked about the floor area ratios for the
proposed development. Ms. Phelan pointed
out each floor area, commercial, free market residential and affordable
housing, are all less than the maximum allowed.
Councilman Skadron asked about the justification for decreasing the
maximum unit size to 2,000 square feet.
Ms. Phelan said the then-Council was seeing residential free market
units in the downtown that were very large and they adopted a code amendment to
limit the size of free market units in order to get more density and more
vitality in the downtown.
Councilman Skadron asked if these rental units might convert to sales units. Ms. Phelan said P&Z discussed sales versus rental units and if the units become non-compliant on the rental market, they will convert to sale units. Councilman Skadron brought up the subdivision review criteria and asked if there are conditions placed on the commercial space. Mitch Haas, representing the applicant, said there are no conditions on the existing or proposed spaces. Councilman Skadron asked if the applicant would consider qualifying the office spaces as “locally serving uses” for instance medical offices or excluding certain uses. Councilman Skadron noted the criteria says if the community’s intention is to retain and encourage an eclectic mix of design styles, does not the existing building satisfy that standard, and does demolition of an eclectic building not satisfy a standard meant to retain eclectic buildings. Councilman Skadron requested comments on that issue at second reading.
Councilman Skadron stated he appreciates the design principles of historic patterns with transitional neighborhoods, implementing green practices, and the quality of the affordable housing units. Councilman Skadron asked for second reading the applicant address construction management plan, pedestrian amenities, and a proposed restaurant use.
Mayor
Haas told Council the applicants went through a growth
management competition and tried to provide a plan that exceeded all requirements. Haas noted the applicants committed to a
minimum of silver certification in the
Mayor
Mayor
Councilman DeVilbiss moved to read Ordinance #1, Series of 2008; seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE #1
(Series of 2008)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISON LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Councilman DeVilbiss asked what effect an approval at first
reading has.
Councilman DeVilbiss moved to adopt Ordinance #1, Series of
2008, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Romero, yes;
Skadron, yes; Mayor
Councilman Romero stated his firm is engaged with a component of this ownership in a different project; however, this is an extension of vested rights for a different project that already has approval, he stated he does not feel he needs to step down.
Jennifer Phelan, community development department, told
Council this is a request for extension of vested rights submitted by Aspen
Land Fund II. This property is on
Ms. Phelan noted based on the review criteria, staff is recommending extension of vested rights with two conditions. Ms. Phelan noted the second condition would allow the existing building permit application to be dormant. Ms. Phelan pointed out the building code contains a requirement that the building permit expires after a certain time unless an extension is requested. This applicant is participating in the master planning process and would like the condition to state that the building permit section does not apply. The applicants would also like the assurance that they may reactivate the building permit application at anytime by adding “the applicant shall have the right to reactivate the building permit at anytime prior to July 28, 2009”.
Councilman Romero asked if there is any assurance there will be participation in the master planning process. Councilman Johnson noted the resolution does refer to the applicant participating in a master planning process. John Sarpa, applicant, told Council they have had discussions with the Ski Company and Lift One Lodge to work on how feasible a master planning for this area is. Sarpa said they would like to freeze the townhome application and allow the master planning process to go forward. John Worcester, city attorney, said staff and the interested parties have agreed to present something to Council by February 25th.
Mayor
Mayor
Mayor
Les Holst said there should be language that protects the
citizens of the community. Toni Kronberg
said this could be one of
All in favor, motion carried.
Jessica Garrow, community development department. noted there is a memorandum from Stan Clauson dated January 28, 2008, two petitions with 40 signatures supporting the proposal, and a set of pictures from the area context provided by Charles Cunniffe. Ms. Garrow said there are two amendments from the applicant to provide a cash-in-lieu payment of $459,293 for 2.25 full time equivalent employees, which is in addition to the proposed on site affordable housing units. Ms. Garrow reminded Council the project requires mitigation of 25.9 FTEs. The proposed cash-in-lieu with the units total 29.25 FTES, an excess of 3.35 FTEs. Ms. Garrow pointed out under the land use code; one mitigation can be used to accommodate employee mitigation requirements in the same building.
The applicant has proposed eliminating one level of the subgrade parking garage, reducing the parking from 47 spaces to 23 spaces. Ms. Garrow said if Council approves that change, the ordinance will need to be amended in the dimensional table. The land use code requires 23 parking spaces so the reduction will still meet the code. Staff recommends approval of the project and the memorandum outlines compliance with the Aspen Area Community Plan.
Councilman Romero asked what staff means by high quality of
the affordable units. Ms. Garrow said
there is outdoor space provided for all the units; there is a mix of
categories, which is a benefit to the community, and there are a large number
of units that will be located in town. Councilman
Romero said in design quality “insure the character of the built environment of
Mayor
Stan Clauson, representing the applicants, entered into the record an analysis of buildings in the area, showing 3 story buildings, indicating the contextual appropriateness of a 3 story building at this location. Clauson also presented a petition with 40 signatures in support of this application. Clauson said there is a letter dated January 22nd detailing the process this went through and the benefits the project brings to the community. Clauson told Council this project went through commercial design review for the bulk, mass and appearance of the building and met all those requirements. Clauson said the key question in this review is whether this proposed subdivision is consistent with the Aspen Area Comprehensive Plan. Clauson stated it is consistent with the AACP. Clauson said that provision was originally intended to look at density and the density levels established on a statewide basis. It has been interpreted more broadly in many categories and the applicants feel this project meets those categories. Clauson noted it provides the largest increment of affordable housing ever provided by a commercial developer. The 12 units will house 27 employees. The application meets aspects of the plan relating to transportation and provides an in town location. This project revitalizes a portion of a block that is tired. There is a 6,000 square foot parking lot, which does not serve the public interest well.
Clauson noted someone presented outlines of the existing Wienerstube building and proposed Wienerstube building. Clauson said there is no question the proposed Wienerstube will be larger. Clauson said the existing building has no parking, no affordable housing units, and only 2 businesses. Clauson said in order to provide housing for 27 employees as well as several commercial opportunities, the building will be larger. Clauson told Council the proposed building is less than could be allowed by zoning; less in overall floor area with 49,376 square feet and 54,000 square feet is allowed. Clauson said the building is lower; the commercial square footage is less than allowable; the free market residential unit square footage is less than allowable. Clauson reiterated this building is larger than the existing Wienerstube; it does more things; it will revitalize the block. The building is not larger than allowed by zoning.
Clauson pointed out there are protected view planes in this
community; none of those protected view planes are anywhere near the
Wienerstube. Other views are protected
by zoning, establishing the height and setbacks for different zone districts. Clauson noted no part of this building totally
obscures views of
Mayor
W. R. Walton said at the December 3rd meeting, several Council requested changes in this building in the mass, scale and context of the neighborhood. Walton noted this proposal has no changes other than removing one layer of parking and adding cash-in-lieu. The items of concern to the neighbors and to Council were not changed. Walton said this building should not be located on Spring street; it will change the neighborhood. Toni Kronberg said this application should be denied because the AACP states every application should include an analysis section, the relationship to the AACP to insure compliance with the community goals and policies. Ms. Kronberg said one of the goals of the AACP is to maintain community character and design. Ms. Kronberg said this building does not fit the scale and character of the neighborhood.
Jesse Boyce said the building should be brought into scale. Sean Gooding said he does not agree with the proposed change to reduce the parking. Gooding said he lives across the street and would favor more parking, including being able to purchase a space. Gooding requested the 3rd floor be set back further. Fred Martell, 700 E. Hyman, told Council his condominium association requests Council deny this application as the buildings are out of scale with the neighborhood and will exacerbate a bad parking situation. Martell noted the AACP requires development be measured in the context of the existing neighborhood and this proposal does not fit in scale, mass or height. Martell said eliminating the parking will have a negative impact on the neighborhood.
Charles Cunniffe, resident across the street, said the Wienerstube building was built in 1962 as were the buildings across the street. Council should consider mass and scale of buildings in context of neighborhood. Cunniffe said this building will be an economic hardship for the buildings across the street. Cunniffe said the applicants have 18,000 square feet; it is more difficult to rebuild on a lot of 3,000 square feet. Cunniffe noted the AACP addresses what should be built. Cunniffe said the maximum height of existing buildings on that block is 27’; this is proposed at 42’ with no relief from the street.
Les Holst said revitalization does not make sense. Holst noted the Supreme Court has ruled in
favor of historic districts. Holst said
the applicants should redevelop the parking lot and are not entitled to
allowable FAR to do damage to the community.
Holst said the concern is community compatibility and this project does
not meet that. Holst said the community
needs more small rentable units to replace lodge units that have been
lost. Roine St. Andre said a building
this high and taking up a lot of parking will be hard on this block.
Dave Eggleston, 616 E. Hyman, agreed this building does not fit the neighborhood context. The height and mass of this building do not fit. Gareth Brandt pointed out the P&Z resolution states the “applicant shall provide 47 parking spaces”, which is a change in the prior approvals. Brandt said the code states, the proposed subdivision shall be consistent with the character of existing land uses in the area and the proposed subdivision shall not adversely affect the future development of surrounding areas. Brandt said the issues are community context and character, impact on future development and design issues. Brandt said community context should include how the area developed; the historic development. This was a post office. If this is approved, the project will redefine the neighborhood. Brandt said any new or future development will look to this building to match character and context. Brandt said he would like the developer to erect story poles at all corners of the building, at the highest points. Brandt pointed out there are buildings around town that have commercial spaces sub-grade that are succeeding. Brandt requested a continuance for the developers to put up story poles, to address sub-grade commercial, and lower the roof.
Henry Hite said if the city demands employee housing and an
applicant is going to exceed that demand, the space has to be maximized and
there has to be a floor of free market to pay for the project. Robert Baum, 704 East Hyman, said this
building will change the personality of the downtown area. Baum said he does not understand allowing
parking on the streets and making congestion worse. Mike Neery,
John Provine, applicant, pointed out this is two buildings, with a passageway in the middle to accommodate more affordable commercial/retail space. The buildings are articulated to look liked 3 plus 3 buildings along the street. Provine said in the 3 block area, there are a dozen 3 story buildings. Provine said this block is in need of revitalization, which is in the best interest of the AACP. Junee Kirk urged Council to deny this request as not fitting in with the neighborhood context. Ms. Kirk said no consideration has been given to other buildings that have patios and open spaces. This building will change the neighborhood; the building should not be more than 2 stories.
Mayor
Andy Wisnoski, architect for the project, told Council the first two levels are 13’6” and the building is at 42’ at the highest points. This is a variegated roof and changes throughout the building from 30’ to 37’ to 42’. The ceiling heights go from 10’ to 12’. Wisnoski said the 13’6” ceilings have to do with getting 2 floors of affordable housing on the back end of the building and make all the floor plates match up on the top level. Councilman Johnson said the community has long wanted increased floor to ceiling heights in commercial spaces on the 1st level to encourage more of a Victorian design.
Clauson said in land use generally, one takes the zoning code to be a
quantified expression of the community plan.
When one wants to change the code, one looks at the community plan first
to see where it is leading. Clauson
said the C-1 zone district has parameters, which one follows. Clauson said the design attempts to bring
together contemporary design and historical elements with 30 foot elements and
with variegated roofs. Clauson noted the
architects could recess one more element to match the other recessed elements. Clauson agreed sub-grade spaces are not the
way the community wants to see buildings constructed. Clauson noted open spaces are incorporated;
there are recesses for patio dining.
Clauson told Council they offered a deed restriction on the affordable commercial spaces; however, there is no program in place in order to do that. Clauson said the applicants feel the spaces accessed from the alley or mid block passage will be inherently more affordable. Clauson enumerated all the buildings in the area that are 3 and 4 stories and this building is compatible with those. Clauson said keeping the second level of parking is something the applicants can do. Clauson said the applicants did look at subgrade commercial and could not affect it without a total redesign of the building.
Councilman Johnson said letters submitted without signatures
are not helpful. Mayor
Councilman Romero stated this is a great project with many
commendable parts, like the amount of affordable housing, which speaks to a
major issue in
Councilman Johnson said he, too, would like to see a compromise. The applicants have been accommodating to the new design standards. Councilman Johnson he is disappointed there nave not been more changes since last month. Councilman Johnson said he can defend the height, the lot line to lot line, the mass and the architecture if the community is getting something in return. Councilman Johnson said the lease for the Wienerstube is only 10 years, and the building will last longer than that. The petitions states “new affordable commercial space that will support new start up retail”; however, the presentation stated it “could” provide start up retail. Councilman Johnson said he would like to have assurances on affordable commercial retail.
Councilman Johnson said P&Z is a recommending body who makes recommendations regarding subdivision to Council. P&Z does not approve subdivisions. Councilman Johnson said the applicant’s letter claims this has met all the requirements of the land use code; however the subdivision criteria by which this project is judged is in the land use code. Councilman Johnson said the changes proposed to the subgrade parking and to the affordable housing cash-in-lieu do not address the issues raised before Council in December. Councilman Johnson stated this is a good design; however, it is unfortunate there were not more changes made since the last meeting. The building offers lots of employee housing, it is in the right place, it offers parking, and it offers more commercial spaces. Councilman Johnson said this is what the community needs; however, it is not what the community wants. Councilman Johnson stated the question is whether this 3 story building needs to be 42’ high. Councilman Johnson said for him the issue is whether the balance of the building is contributing to what the community needs or not and he is not convinced it is.
Clauson said the applicants have done outreach. The property owners across the street want this to be a 2 story building. This cannot be a 2 story building and accomplish all it does. Clauson noted it is a 2 story building on the front façade for everything but 30’. Clauson stated the applicants are willing to make it 2 stories for that 30’ also. Clauson said the applicants cannot add to the commercial but can redeploy it within the structure. Clauson noted throughout the process, the building has been improved. The building was completely redesigned; they created 2 buildings masses. Clauson said the applicants feel the building meets the existing land use code and the project will provide considerable community benefits.
Mayor
Mayor
Mayor
Councilman Johnson moved to adopt Ordinance #29, Series of 2007, on second reading; seconded by Councilman Romero.
Councilman Romero said the applicants have stated they are willing to recess the 3rd story element, the 30’ segment along the westerly; to consider some sort of commitment on the rear alley commercial square footage, a contractual arrangement to mid-level retail; to include the second level of underground parking. Clauson agreed the applicants would commit that retail would be mid-level with a creative way to enforce that. Councilman Johnson said he would like more discussion about the commitment to mid-level retail.
Councilman Romero asked if the ground floor commercial could be reworked still honor the program of the building yet lower the entire building. Wisnoski told Council they have put large amounts of time into the program and the design of the building. The principle of the height of the ground level is in keeping with the historic aspect of the town. Wisnoski said lowering the building would necessitate loss of affordable housing units as the building is all inter-related. Clauson said the commercial design review requires buildings to meet the street so the 1st floor level is right to the sidewalk. Clauson said it will not work to just eliminate 2 or 3’ and retain the building program.
Councilman Johnson said if the applicants ask for a
continuance, he would like to see a sectional study of every 30’ module, including
the street and the buildings across the street.
This sectional study could show the community how pulled back the top
element is. Mayor
Clauson said if affordability of commercial retail is the key issue, the applicants will work with staff and Council to affect that. Clauson said if there are other issues, including the height and the number of employees housed, they need a vote because the applicants cannot address all those issues. Clauson said the applicants can illustrate the height and how the building works. Clauson said he is not certain that the height can be lowered.
Councilman Johnson said Council has listed their concerns; height, affordable commercial; neighbors’ concerns, and affordable housing. Clauson said he does not think the applicants can address all 3 concerns. Councilman Romero said he would like to see projects that achieve multiple goals, like affordable housing and affordable commercial in one building. Councilman Romero said he would like to see the third story element pushed back to soften the street front edge.
Clauson said the applicants will work on affordable
commercial deed restrictions fashioned along those made with the
Councilman Johnson moved to continue Ordinance #29, Series of 2007 to February 11; seconded by Councilman Romero. All in favor, motion carried.
Councilman Johnson moved to adjourn at 9:40 p.m.; seconded
by Mayor
Kathryn S. Koch, City Clerk