Less than a year after freezing all land use applications in downtown Aspen, the city’s Community Development team has accomplished nearly all it set out to do.
The moratorium on development allowed time to reconcile the Aspen Area Community Plan (AACP) – a non-binding, visionary document that lays out the city’s values – with the Land Use Code.
During that time, Community Development Director Jessica Garrow and her staff, along with hired consultants, examined rules for what buildings can look like, what they can be used for and what developers owe the community as far as affordable housing and parking.
Last week, the council passed ordinances meant to “open up” the town. There is now a two-story, 28 feet height limit on new buildings, and a quarter of each parcel of land must remain unbuilt.
Developer Mark Hunt, who addressed the council during public comment Jan. 23, said the mandated open space might not have the desired effect.
“It scares me a bit... If you get into the core, all the buildings that we love, none of them have that.” Hunt told the council. “There’s a lot of buildings out there now where this public amenity space would qualify for, but they are not winning architecture awards.”
Hunt also said less floor space means a higher price per square foot, which will hurt the low-end local businesses the AACP is trying to promote.
Other new mandates might also backfire, warned Maria Morrow, speaking to the council on behalf of the Aspen Chamber Resort Association. Developers are now required to provide or pay for public housing and transportation. Older buildings previously exempt from these mitigations will pay their fair share on a graduated timeline.
“There was a concern that many of the buildings that would be hurt the most by retroactively applying mitigation are the same very buildings that are currently affordable,” Morrow said. “So we fear that this code will force the older, more affordable, funkier buildings into a corner where they will only be bought by a very moneyed developer. The result: more homogenization, more big box, and maybe more unleased spaces. Not more charm and funk.”
Garrow and her staff suggested two changes to address the business and development community concerns. There is now no distinction between retail categories – any kind of store can go in any space. They also backed off of the 25 percent pedestrian amenity requirement for remodels. All three ordinances pertaining to commercial design and zone districts passed four to one. Councilman Bert Myrin objected, citing the need for more time.
In all, five ordinances were approved by City Council during the moratorium. Combined, they work to create a more spacious Aspen with less uniform buildings. But you’d have to take a time machine to 2045 to see the final result. Nearly 40 developments are going through the planning review process right now – all grandfathered in under the old code because they were submitted prior to the moratorium.
A vote on a sixth ordinance written during the moratorium has been delayed. That ordinance deals with view planes, and the council did not believe a building freeze was necessary while hammering out the details.
