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!!
Reader Comments (7)
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.