ISSUE # 23 ... ASPEN'S FUTURE, SPEAK NOW OR FOREVER HOLD YOUR PEACE
January 16
"The punishment which the wise suffer who refuse to take part in the government is to live under the government of worse men." -- Plato
THE ASPEN AREA COMMUNITY PLAN - WHAT IS IT?
Depending on your perspective, the Aspen Area Community Plan (AACP) is either a guiding light that will illuminate almost all future regulated activity in Aspen, or a legal "wild card" used to trump any project which does not suit the personal whims of a majority of the five City Council members.
The Aspen Area Community Plan's goal is to understand the values of the people who live and work in the Aspen area and to generate a 10-year community vision for the future. The first AACP was adopted in 1993, followed by another version in 2000. (Check it out at: http://www.aspenpitkin.com/depts/41/plan_longrange.cfm ) The finished product serves as a foundational document for the Aspen City Council and the Pitkin County Board of Commissioners, providing guidance for future decisions on issues ranging from Housing to Managing Growth to Transportation.
This winter, the City of Aspen commissioned a consultant to draft an updated document that comes "from the community at large." (Have YOU been contacted to participate? Likely not, unless you are very linked-in to the city government groups and task forces.)
A DANGEROUS WAY TO CIRCUMVENT THE LAW
Think of the AACP as Aspen's version of the Ten Commandments and the Beatitudes. While it reads beautifully and is quite idealistic, it makes for a squishy legal foundation for civic regulation.
The AACP enables council and the BOCC to make subjective decisions on just about everything, even issues that fully comply with building codes, land use codes, planning and zoning rules, etc.
As a "foundational document," the AACP is frequently interpreted as above-and-beyond the law.The developers of the dilapidated Cooper Street Pier experienced this when they submitted their plans for a new high-end project, and despite negotiations with, and approvals from City staff and P&Z, City Council denied their proposal based on the perceived "character of the development." As a result, the property owners were forced to litigate, challenging the subjective abuse of the AACP. In the end, likely because the AACP is not truly a regulatory document and the use of it as such is inappropriate, the City settled because they knew they couldn't win in court, but the AACP was the "wild card" played by City Council once again when they did not like a plan presented to them.
RAMIFICATIONS: ASPEN'S (insert your adjective here) MANIFESTO
There are 12 key issues addressed by the AACP, including Sustaining the Aspen Idea, Environmental Quality, Governance, Historic Preservation, Space & Trails, Parks & Recreation, Transportation, Planning for the life-long Aspenite and the Pitkin County Portion of the Urban Growth Boundary, plus the following 3 issues we've highlighted to illustrate just how critical the topics are!
Economics: Over the past 15 years, real estate and construction have become the dominant industries in the Aspen area economy. From 2003-2006, the total volume of RE sales in Pitkin County doubled from $1.13B to $2.64B. In 2001, there were 379 building permit applications in Aspen (value $108.7M), and in 2007, there were 863 ($255.3M). The AACP will address these trends and direct policy to affect them. If "the community at large," through the AACP process, deems these numbers too be too great, the new AACP could encourage local government to institute caps and limits on otherwise legal development of private property, for example.
Housing: The City is fond of purporting that during the last 8 years, Aspen has become home to over 1500 people working in Aspen and living in affordable housing, and during the same period, the City believes that over 1000 employees had to move elsewhere when nearly 600 free market units became too expensive for workforce housing. While these numbers are debatable, it is a reality that local workers are beginning to retire in their affordable housing units -- over 200 to-date -- and this number is expected to grow exponentially. The AACP will certainly address the city's land use code and its requirements of developers to provide increasing amounts of affordable housing with each future project to address the on-going need for employee housing as well as the recent trend toward retired-worker housing!
Managing Growth: The city's current growth management system is extremely focused on demolition and replacement of residential structures. The average "scrape and replace" project nearly doubles the size of the original home and maximizes the allowed square footage on the lot. The AACP will certainly influence the redevelopment rights of private property owners. For example, the AACP will direct the demolition of properties that are not historically designated but may subjectively have some historic integrity!
THE AACP SUPERSEDES REGULATIONS; INVITES SUBJECTIVITY
Consider the redevelopment proposal for Lift 1A. It indeed proposes a large development, but one that will revitalize the entire under-utilized western base area of Aspen Mountain, adding, among other things, 270 bedrooms of visitor lodging (a small percentage of the number lost over the past decade), as well as a surface lift to take skiers to the base of Lift 1A and housing for its employees. . Despite favorable and supportive recommendations to Council from HOAs in direct proximity to the proposed site, and an endorsement by 90% of the COWOP participants (27 Aspenites from all perspectives who volunteered to serve hundreds of hours to collaborate on what the master plan for the development should look like), the 2000 AACP was again abused Wednesday night by Council to marginalize and deny the deal over personal anti-growth preferences and subjective "character" judgments. Now the project will have to be taken to a vote of the citizens, and become subject to unnecessary expense and campaigning -- for a project that should have been approved with the regulations already in place.
Councilman Steve Skadron said that he can't support the Life 1A project because he doesn't feel that large lodge buildings "respect Aspen's history." After voting for the plan during the COWOP sessions, Mayor Mick voted against the Lift One Plan Wednesday night, based on further subjective personal preferences. The AACP enables those who'd like nothing to ever be built to potentially prevent the approval of viable projects developed through months of community compromise.
We believe that specific codes and regulations should be the authority for regulating development, but some City officials view the AACP as a powerful tool that can overpower all land use code regulations. While the courts have yet to hear a case on this controversial matter, Council uses the AACP as a powerful sword.
However, a lawsuit is currently moving ahead with the owners of the Wienerstube building suing the City over its denial of subdivision approval for the 18,000 sq ft lot, despite the Planning and Zoning Commission having recommended it. According to the developers, the project meets City building regulations, but Council said it didn't meet the Aspen Area Community Plan because they (again, subjectively) don't think the building fits in with the "character" of the neighborhood! What could be more subjective than "character?" John Worcester, City Attorney, adds, "Not only was size and height considered, but mass, scale and character was also discussed at length." Council's demand for "consistency" with the AACP superseded the land use code. At least for now .....
YOUR VOICE CAN BE HEARD
Those who comprise "the community at large" by participating in the AACP update -- sharing their thoughts on the state of the Aspen area, current and future -- are rewarded by having these thoughts incorporated into a vital governing document.
If you feel that you are a member of the Aspen community without a voice, here is your chance to have a real and important impact on the City's future policy decisions and financial allocations. Whether you are a commuter, a business owner, a part-time resident or seasonal worker, we urge you to be aware of the Aspen Area Community Plan, its progress already underway, and how you can participate.
GET INVOLVED!! IT'S NOT TOO LATE!!
Despite the AACP update process beginning in October 2008, the planners DO have programs that you can (and should!) participate in. These upcoming meetings are the most critical. As background, during the 2nd week of January 2009, the results of a random survey that was mailed to some Aspen area residents in November will be available. It's possible to get an email copy of this report by signing up on the official AACP website www.aspencommunityvision.com.
Next are the three "Large Community Vision Meetings" during the last week of January 2009. Organizers hope to have 1000 people (350 people at each of 3 public meetings) take part in drafting a "Community Vision" for the Aspen Area, through the use of small discussion groups and wireless voting keypads. THESE MEETINGS ARE CRITICAL TO THE PROCESS!! PLEASE PLAN TO ATTEND!! In March, the AACP goes through the Planning and Zoning Commission Review. In April, City Council and the BOCC review and potentially approve the updated AACP.
Meeting times are:
Tuesday, January 27 11:30-2:30 St. Regis Ballroom
Tuesday, January 27 5:30-8:30p St Regis Ballroom
Saturday, January 31 2-5p Aspen High School
Register at www.aspencommunityvision.com or call 970-429-2780. Food will be provided.
City staff is committed to reaching out beyond the traditional government wonks to get this critical input.
The AACP is vital to life in the Aspen Area for the next 10 years!! We cannot continue to allow a vocal minority to direct such wieldy policies that affect our lives here. GET INVOLVED AND REGISTER TODAY! (And before you decide that a 3-hour meeting is not how you'd prefer to spend an afternoon or evening, scroll back to the top and re-read the quote from Plato!)
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CARBON MONOXIDE TRAGEDY - UPDATE AND NEW LAW (That includes ALL EXISTING residences—likely YOURS.)
On Monday night, January 12, City Council voted unanimously to require Carbon Monoxide detectors in all residential occupancy sleeping areas - anywhere anyone sleeps - by March 2, 2009. This includes all new and EXISTING residences, regardless of whether the dwelling is heated by electricity or gas. Pitkin County has already adopted this same regulation - The Lofgren Ordinance (named for the family of four who lost their lives due to CO poisoning during the Thanksgiving holiday weekend).
Get your CO monitors at our local Alpine Ace Hardware, in the Clark's building, or by calling 925-3031.
And, The Red Ant salutes the Aspen Elks Club for committing to provide CO Monitors to local seniors in conjunction with Pitkin County Senior Services. Thank you!!
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Reader Comments (7)
[Note: The following comment was originally posted on Aspen Post by Jerry Bovino. It is copied here with his permission. It relates to the Lift One decision on the 14th, again noting the problem with so much subjectivity and negotiation in regulatory matters.] Marilyn Marks
I thought it was sensible when Mick and the other council members asked for the COWOP process to build a consensus. However, it does seem a bit disingenous of the council to ask volunteers to do 100s or 1000s of hours of work but then not approve their compromise plan.
Ironically, the biggest concern that all of us have is the size and mass of the new hotels. However, it's clearly the mitigation fees and housing requirements that force the units to be so out of proportion with the neighborhood.
I have been a big proponent of the city not granting variances. The rules should be the rules....otherwise...change the damn rules. The height limit, massing requirements, etc., should be applied to all projects and then we wouldn't have to go through this time and again.
However, the dirty little secret in our town is that the council loves it when developers ask for variances. In simple terms, it opens the door for all of us to ask for more affordable housing, ski lifts, museums, parking and any other little bauble the voters might want. Then it becomes a horse trader's nightmare. Just look at what's happened to these projects over the years. They add rooms, we add housing. They add height, we want parking. "You want parking?" "We need more rooms." It is like a cat chasing its tail.
Do you remember in the movie "a few good men" with Tom Cruise and Jack Nicholson? Nicholson loses it on the witness stand (while discussing the defense of America) and tells Cruise "some where deep down...you want me on that wall. You need me on that wall." So it is with Mick and Company. Despite their protestations to the contrary, they "want the developers to ask for variances." Then they can torture them by metaphorically "pulling the wings off a fly." Look at poor Sarpa. The Geneva Convention should protect developers from having to go through this Council-induced waterboarding. Brat and Beer Pub anyone?
Many people who would like to participate will not be in town during these meetings. Others are working so hard this time of year that they cannot break away to devote the time to these meetings. We have suggested to the City that they construct a web-based version of the same questions to pose to those who cannot attend. While it might take a bit of effort to ensure that all on line participants are getting one vote only, it seems to be an effort worth making, given the large number of people affected by this planning process. Let’s hope the City is willing to try to make this happen for those who would like to participate and cannot be here.
Marilyn Marks
The vote on the Lift 1 issue makes me sick at my stomach. We have a mayor who is one of the most arrogant persons I have ever met. I sincerely hope he gets his butt kicked in May.
In Friday’s Aspen Times, the editor urges Aspenites and locals to come to the community meetings being held next week to shape Aspen’s future. The Aspen Area Community Plan (the next 10 years) will be updated using the results of these meetings. The City’s invitation for those to attend states anyone who works, lives or plays in Aspen should come. While inviting and possibly very helpful, it’s also confusing.
How will information be tallied and used? In the past, these interactive broad stroke feeling and opinion responses to general statements have turned into unanimous, clear, concensus, mandate by the people. What people? It is nice to respond anonymously and talk in generalities, but assuredly this leaves sails flapping.
Who is an Aspenite? A Basaltine? A down valley commuter? Someone here working for the winter, looking to stay on if more affordable housing is built? Is a tax paying business owner living down valley a local? Maybe. When is a person an Aspenite? I would like to know, because shaping and reshaping Aspen is costly and effects quality of life.
Do Aspenites go to New York, Basalt, Glenwood or Moab, jump in as a local, and tell governing officials what we think the future should be because we work there, own property, shop, get stuck in traffic, lament the changes, or enjoy the Hot Springs on a sunny day? A few may, but it is most likely rare. These scheduled all inclusive town meetings leave many locals with an uneasy feeling about the process, data collected and questioning where the perceived outcome of each public meeting will go – key pad or show of hands.
As with science, you can’t have accurate data without a careful, methodic, accurate collection of facts and measurements. Controls must be in place. In this case a constant or control in the experiment is the identified issue or statement, the variables are the people in the room. With regard to future visions, it is helpful not to lead or limit the visions to a), b), or c), but to also provide a space for a potential new vision. There may be some creative vision no one has thought of, including leaving things alone.
In another attempt to get it right and cultivate an open dialogue, please give accurate, in real time, breakdown of who is in the room participating when each statement or vision is brought forth during the keypad voting. Some sort of system identifying taxpayer, Aspen voter resident/non resident, should be issued and applied with an accurate keypad accounting.
As our new President stated, government needs to be accurate, efficient, accountable and transparent, so lets spend our money wisely on this lunch meeting, collect the real facts and save ourselves a lot of second guessing and spin. With today’s technology, I’m hopeful this can be done before our next community meeting.
Colleen Collins
Aspen
Colleen,
You make some good points about controls and analysis of the respondents’ data.
The City did a lot of things well in the meeting today, but could have done much better in asking the demographics questions as had been suggested by many.
For example, if they had asked:
-whether the participant is a City or County employee.
-whether the participant is working or retired.
-whether the participant owned property or a business paying property taxes.
-whether the participant lives in affordable housing.
-whether the respondent was a visitor to town.
-how many days a year the respondent is in town.
…the City could analyze the results with more credibility.
I was very disappointed that they did not do that.
However, one of the many things that is quite puzzling to me is that the clickers were divided by City residents and ALL other ( “other”, including County residents).
If this plan is supposed to be for the Aspen Community, including Pitkin County and used by BOCC as well, why are City residents’ responses being segregated?
Why wasn’t the question early in the clicker session as to where we reside enough to segment that data?
The only conclusion many can reach is that some organizers/authorities did not believe that respondents would answer the residence question honestly, and therefore were assigned a non-City clicker. Hmmmm. I’m still pondering this.
I’ll be interested in others’ conclusions.
Don't lend your hand to raise no flag atop no ship of fools.
I have never seen such leading questions since a second rate courtroom TV show.
City staff had their answers set ahead of time, and just made up the simpleton questions to get the answers they want.
This was the voice of the community?
They think we are too stupid to see that they were leading us down their predetermined path.
Across the board, the questions forgot one small detail---money. Who is going to pay for these pie in the sky ideas?
It’s like my wife asking me, “do you want a new Porsche or Jaguar for your birthday?”, when we can’t afford a used jeep.
How much did this charade cost us guys who work and pay the bills at city hall?
The staff wasted a lot of money on a meeting and technology that could have delivered good information. Oops, I forgot. They didn’t want that. They have Mick to tell them what to do.