HomeMy WebLinkAboutminutes.apz.20080304ASPEN PLANNING ZONING COMMISSION MEETING -MINUTES
MARCH 4, 2008
MINUTES :................................................................................................................ 2
COMMENTS :........................................................................................................... 2
1450 CRYSTAL LAKE ROAD (ASPEN CLUB) CONCEPTUAL SPA AND
OTHER ASSOCIATED REVIEWS ......................................................................... 2
VOTE ON CHAIR AND VICE-CHAIR, RESOLUTION 12-08 .......................... 12
ASPEN PLANNING ZONING COMMISSION MEETING -MINUTES -
MARCH 4, 2008
LJ Erspamer opened the Aspen Planning & Zoning regular meeting in Sister Cities
meeting room at 4:30 pm. Commissioners present were Michael Wampler, Cliff
Weiss, Stan Gibbs, Dina Bloom, Brian Speck and LJ Erspamer. Jim DeFrancia
was excused. Staff in attendance were Jim True, Special Counsel; Jessica Garrow
and Jennifer Phelan, Community Development; Jackie Lothian, Deputy City Clerk.
MINUTES:
MOTION: Cliff Weiss moved to approve the minutes from February 19`";
seconded by Michael Wampler. All in favor, APPROVED.
COMMENTS:
Jennifer Phelan introduced Errin Evans, the new community development planner.
Jessica Garrow stated that the update for the Aspen Area Community Plan process
was a contract with Julie Ann Woods, Elk Mountain Planning Group, and RRC
Associates from Boulder. Those two groups were helping write an existing
conditions report focusing on capacity of a variety of services and issues. Garrow
said that part of the report would also be a build out analysis.
CONTINUED PUBLIC HEARING:
1450 CRYSTAL LAKE ROAD (ASPEN CLUB) CONCEPTUAL SPA AND
OTHER ASSOCIATED REVIEWS
LJ Erspamer opened the continued public hearing for the Aspen Club. Jessica
Garrow explained that there were staff findings and the proposal with the focus on
overall comments from the planning & zoning commission and the public
regarding architectural, transportation elements, time share proposal and affordable
housing.
Garrow noted there were 4 different reviews: Conceptual PUD (to vary
dimensional standards and amend the current PUD); Conceptual SPA (added to
allow for the timeshare use as well as the affordable housing use), Conceptual
Timeshare and Commercial Conceptual Design and Lodge Standards. Garrow said
the intention of conceptual review was to identify and discuss the initial threshold
issues relating to a development and evaluate the suitability of a development
project for a specific parcel. The conceptual review also allows for the initial
identification of questions and concerns relating to a specific development; in this
case the review allows P&Z, staff and the public an opportunity to identify
threshold issues relating to transportation, parking, the use mix, the number and
characteristics of the timeshare units and to give the applicant direction on the
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architecture and design characteristics as well as the site planning. Garrow noted
this was the first step of a 4 step review.
Garrow said there are 19 timeshare units; 13 are townhomes and 6 are flats; the
flats would be located on the current club building and the 13 townhomes are
proposed to be in 4 separate clusters. There are 12 two bedrooms affordable
housing units on the southeast comer of the site. There was a net increase of 42
parking spaces, which would bring the total to 133 parking spaces; there were 19
spaces for the timeshare units, 12 spaces for the affordable housing units, 5 spaces
would be signed for short term parking and 97 spaces for the club (an increase of 6
spaces).
Garrow stated there were lock-offs proposed for the timeshare units in the
townhouses, which would be 27 separate keys and in the flat units there would be
12 keys with a total of 38 keys for the development. Garrow noted that all of the
proposed units would be used by owners in 2 weeks fixed blocks for 32 weeks out
of the year; approximately from December 15~' through April 15`h and from June
15S through approximately September 30"'. There were a total of 304 timeshare
interests and each owner has a 1/16 interest; the current envisioned price for the
units would be from $150,000.00 to $400,000.00.
Garrow said there were 12 affordable housing units in a 3 story structure; 9 of the
units will be 950 square feet of net livable area and 3 of the units will contain 850
square feet of net livable area. The applicant proposes a mix of category 3 and 4
rental units. The housing authority recommended that the three 850 square feet
units be category 2 and the larger units be category 3 and 4. Garrow said the
affordable housing mitigation had the 19 timeshare units with 59 bedrooms so the
employee generation at was 29.5 FTEs and the code requires a 60% mitigation of
the FTEs generated, which is 17.7 full time equivalents. Garrow said the applicant
proposes housing for 27 FTEs so they are proposing a mitigation of approximately
150% of what the requirement is.
Garrow said the conceptual SPA (Specially Planned Area) allows variation in the
uses permitted on the property; the 2 adjacent properties have SPAS, the Benedict
building and the Silver Lining Ranch. There currently was not an SPA on this
property but was proposed to allow for the timeshare unit use as well as the
affordable housing use; the current zoning was Rural Residential because it was
the only zoning that permits a recreational club. The affordable housing and
timeshare units have been designed with a residential scale and staff believed that
this proposal was consistent with the mix of uses and the development in the area.
Staff had concerns related to the SPA review in terms of design that the proposal
doesn't relate to the unique natural settings on the parcel; the relationship between
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the new development and the new club entrance doesn't relate to the riparian area.
One of the review criteria for SPA and PUD was consistency with the Aspen Area
Community Plan. Staff believed that the project met a number of goals of the
AACP including affordable housing and economic sustainability.
Garrow stated staff had concerns with design quality, transportation, open space
and the environment. The Aspen Club was a locally owned business and the stated
goal of this proposal was to provide a new health and wellness opportunity for
residents and visitors and to use the money raised through the timeshare sales to
help subsidize programs for locals. Staff believed this was an important part of
this proposal and supports it. The Aspen Club currently works to promote the arts
cultural and education section of the Aspen Area Community Plan by supporting
non-profits through offices and financial support and this proposal will help
continue that level of support.
Garrow said the open space and environment section of the AACP stated there was
a need to preserve, enhance and restore the natural beauty of the Aspen area
environment; staff does not believe that the applicant goes far enough in enhancing
the riparian area on the site and believes that the placement of buildings creates a
barrier between the club and the river. The creation of the new timeshare
developments on that lower bench creates a barrier because they were not broken
up enough.
Garrow said that the design quality section asks that development retain and
encourage an eclectic mix of design styles to maintain and enhance the special
character of our community. Garrow said in terms of design staff did not think that
the architecture reflects the mission that has been stated; the architecture was not
necessarily unique but this was a very unique proposal and the architecture doesn't
reflect the overall goals and values of the proposal.
Garrow stated in terms of transportation the applicant mentioned that they would
like to begin a car share program, a bike fleet and shuttle services to help minimize
the impact of automobile in the area. This was an important goal towards changing
the auto centric culture that currently exists but staff believes that the large amount
of parking will encourage the use of the automobile and will not discourage it. If
the applicant provides a more complete transportation plan as part of the
application, one that addresses the needs of parking and how shuttles will work;
staff believes this goal of transportation could be met. The applicant has said that
they were willing to do a complete transportation plan update.
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Garrow said the PUD review was needed to amend the existing PUD and requested
to vary the dimensional to accommodate the affordable housing. There were two
dimensional requirement variances from the front yard (off Ute Avenue) the
underlying zoning requires a setback of 30 feet and they want it varied to 7%z feet;
the east side yard (adjacent to the Silver Lining Ranch) the underlying zone
requires a 20 foot setback and the applicant requests a 3 foot setback. Staff
believed the dimensional variations were appropriate; there was a significant
change in grade from where the affordable housing was proposed and where Ute
Avenue was as well as where the Silver Lining Ranch was located.
Garrow said that there were parking problems at the existing club especially when
there are special events but staff does not believe that more parking will alleviate
the situation and a more detailed transportation analysis should be conducted. The
applicant has agreed to provide this detailed transportation plan and staff believes
it should address the need for shuttle operations, how the shuttle operations will
work, how that will coordinate with hotels that provide shuttles, how that will
operate with cross-town shuttle, the anticipated demand by the timeshare occupants
of the proposed electric vehicles, specifications on all the transportation elements
and how they will work together in terms of the shuttle, the electric cars, bike and
car share program. Staff wanted the plan to address more sub-grade parking; this
site was located near the river so there would probably be some constraints going
to far sub-grade where there is water. Staff would like to see if the surface level
parking could be moved sub-grade.
Garrow said that staff would like acheck-in after completion and the transportation
plan has been implemented for a few years. Garrow said that in 1996 the club was
permitted to add parking spaces on the actual club parcel and it didn't discuss
anything related to where entrances should be; it in fact allowed an entrance off of
Ute Avenue to access those parking spaces. Staff does not believe there is a
prohibition on access points into this property. Garrow stated Ordinance 20-1996
gave the approval for the new parking spaces and referenced Alan Richman's
memo. The memo said that shuttle service should be provided via Crystal Lake
Road except for therapy patients, which would be able to use Ute Avenue and this
would be updated in 2 years. Staff and the attorneys haven't found anything that
indicates that a check in was conducted with City Council regarding the
transportation plan; the applicant was working on finding that information.
Garrow stated this project falls under the small lodges character area, which begins
on the newly adopted commercial and lodging design guidelines. If some of the
parking were moved sub-grade staff believes that some room in the site would be
freed up to decrease the centralized masses. Garrow said there was a sewer
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easement and staff wondered if there was a way to consolidate it with paved area
and work with the sanitation district to move it allowing some flexibility in where
the buildings are placed or the possibility of moving that to the top of slope without
disturbing the riparian area.
Garrow said there was some concern with the public amenity space provided on
site; there was no requirement in the underlying zoning because it was zoned Rural
Residential and this was a public amenity space. Public amenity is addressed in
the commercial guidelines. Staff had concern with the modulation and placement
of the buildings; the buildings appear as one large mass and staff would like to see
the mass broken up more.
Garrow said the application met all the review requirements for the timeshare.
Staff liked the Aspen Club Living proposal feeling it was a unique addition to the
community. There were 3 main concerns: site plan architecture, transportation
plan and to look at other parking options.
Cliff Weiss asked if there was a follow up report to Alan Richman's transportation
report. Garrow replied that they haven't found one yet and the applicant has talked
with Alan Richman and he does not recall.
Sunny Vann stated the design issue was in 2 parts: there should be a relationship
between the main club and the entrance to the club and the riparian area or ability
to perceive the riparian area from club. Some how the architectural concept or
character doesn't really embrace Michael's idea for what was proposed at the club;
the massing of it contributes to experiencing the riparian area from the entrance to
the club. Vann said the general public experiences the riparian area from the trail
not in the parking lot or from the club.
Chris Writings, Poss architecture, said there was a trail that goes from the club
down to the river with the experience of walking through the trees to the river.
Writings said the architecture and whether the design reflects the mission statement
of the club; there were a lot of components in green architecture that were not
visual. There were limitations on the site and the character reflects a lot of the
elements in the community. Writings said that the ability to get a fire truck onto
the site prevents moving those buildings back any further.
Vann said the cul-de-sac as it is known today would remain unchanged. The
surface parking lot has 56 spaces and goes down to 40 with the redesign, so there
was a reduction in the amount of surface parking. Vann said they could find out
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about the feasibility of another sub-grade garage but the engineers said that they
would be in gravel as it is and going down another level adjacent to the river was
uncertain. Vann said the parking was driven by minimal amount necessary to meet
the code keeping in mind that there is no significant expansion in parking for the
club's members and guests; they have added 6 spaces because of the layout of the
garage.
Vann said there has always been an issue with transportation and there was
increased traffic on Ute Avenue; the code requires demonstration that the street
system and adjacent infrastructure has the capacity to handle the additional traffic.
Vann said the original traffic analysis was done in 2004 had existing traffic counts
through 2 intersections and any increase in traffic can be attributed to the club
services. Vann said a projection of the new proposal has a traffic study based on
accepted traffic engineering standards, reviewed by the city engineering
department; the traffic study was based upon all the keys for the fractional units
being used. Vann said if they took the base traffic level from the 2004 count and
compound by 5% a year for 10 years, they would still not exceed the capacity of
the street or capacity of the intersections in question. Vann said to say the project
shouldn't be built because the level of traffic was too much was not a reasonable
standard. There were constraints to the street in the winter, people who speed and
they have come up with a variety of things to improve the functionality; speed
control measures, additional signage, cross walks and other methods designed to
reduce the level of traffic on the street.
Vann said there was an ambitious commitment to undertake a traffic management
plan; the plan commits to a way to monitor, measure and make sure that it works.
Vann said paid they have looked into paid parking for the members, re-looking at
the shuttle services, increases in shuttle services, car pools, on site housing for
employees and bicycles.
Michael Fox stated the goal was to reduce traffic on Ute Avenue over time. Fox
said that they were creating programs like increased shuttles, bike share, car share
and electric vehicles; these could be monitored over time and track effectiveness to
reduce traffic. Fox said right now the shuttle was on demand so they are looking at
more regular times to incentivize employees and members to get out of their cars
and onto the buses.
Cliff Weiss asked how many parking spaces were the members using per hour
during the peak hours now. Vann replied they were all used. Weiss asked where
the shuttle that runs now make pick-ups. Fox replied that it was on a per call basis.
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Stan Gibbs asked why there were as many units as there were; could you get by
with fewer units. Fox responded that they tried to put as many units on this site as
possible and the residential units were the economic driver for this project; they
build the employee housing, finance the upgrade to the Aspen Club, subsidize solar
panels, the geo-thermals and everything else on the site. Vann said the site plan
was identical to the one originally submitted and the prior objection was that it
would operate too much like a hotel and a hotel was inappropriate for this location.
Vann said that this is an internalized project; this wasn't like a project for the
public at large to experience; there really wasn't a street network or general public
perception. Vann said that you can't see the river from the club and you really
only experience the trees. Gibbs asked if it were possible to provide vehicular
access to the site from 82. Fox replied that he wished it was. Vann responded it
would have a significant impact on the riparian corridor and they did not have
condemnation ability they would be at the mercy of the adjacent property owners.
Weiss asked when you come across the river the path runs into one of the
buildings; he asked how you get to the new entrance. Vann replied there was
going to be a realignment of the path once you cross the river.
LJ Erspamer said there was a conflicting statement that the ARC was creating an
impact on the business and tonight you are saying that your business is up 25%
since 2004 and that was when the ARC was built. Fox replied the expenses were
probably up 25% also. Vann said that expanding the membership was a function
of demand and helps further improve the operation and the community at large.
Erspamer asked the membership capacity. Fox replied probably 6,000 to 8,000
people. Erspamer asked how many of the 1900 members were permanent
residents. Fox replied about 70 to 75%. Erspamer asked if there was an
abundance of tennis courts in Aspen. Fox responded that Aspen has added a lot of
tennis courts and tennis is a sport that has dropped off over the last 20 years.
Erspamer asked if the timeshare doesn't work how will this prevent evolution into
a lodge. Vann answered this was based on a very specific approval; to change the
SPA would require a further amendment of any additional approvals that were
approved at this time.
Erspamer asked about the lot size to the FAR size for the adjacent properties.
Vann responded that their FAR was .6 to 1; so they are well under 1 to 1 with the
expanded project on 5 acres. Vann said the Benedict was on a smaller parcel and
has more coverage; a portion of the Silver Lining Ranch was rezoned to
conservation adjacent to the river and probably closer to their FAR. Vann said that
this was not a rural residential neighborhood but zone rural residential to allow for
the club; the rest of the neighborhood was R-15.
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Erspamer asked where the cross-town shuttle dropped off people. Vann replied at
the cul-de-sac off of Ute Avenue. Fox responded that it dropped people off every
half hour and they also run their own shuttle that takes people home on demand or
picks people up on demand.
Garrow received 2 letters one from Gina Poglonia in support of the project and
Gary and Susan Rappaport not in support of the project.
PUBLIC COMMENTS:
1. Morgan Walsh, works at the club, stated that she was strongly in favor of
this and was a unique opportunity for her clients to work out with a personal
trainer. Walsh said that this was a unique ability to improve people's lifestyles and
quality of life.
2. Casey McConnell, works at the club, stated support for the club and the
traffic issues were being worked on and conceptually they should move forward.
3. Nicki ,works at the club, said that the employees were here all year
round and she believed in the project.
4. Sarah Mitchell, works at the club, said this was an amazing project because
of the health and wellness aspect making Aspen a leader nationwide. Mitchell said
that everybody who works there impacts someone else's life.
5. Mindy Nagle, club member, stated that the club has grown from a tennis
club to a wellness club; a place where the community goes.
6. Connie Holcomb, manager of the Ute Place Homeowners Association, read
a letter for the record with support as long as conditions were conveyed: the
installation of calming devices, implementation of traffic mitigation measures to
reduce the present traffic on Ute Avenue, demonstrate the proposed development
will not increase traffic on Ute Avenue and restriction of use by municipal
resolution and recoded covenants of the existing health club facility to require only
the present health and fitness uses of that facility will be permitted in the future.
7. Stuart Lasher, house across the river from the Aspen Club, said he bought
the house 7 years ago and bought the house under the premise that the club would
never be developed into a hotel or large scale residential project. Lasher said he
lived here about 5 months a year and he operated 54 fitness centers not located
here. Lasser strongly opposed the project.
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7. Steve Marolt opposed to growth in this town however it will take Michael
Fox significantly less to make this project work. Marolt said a little more is a lot
less than what might happen in this case; he said this was the best alternative and
he supported the project.
8. Gary Rappaport introduced his wife Susan and they lived across from the
Ute Cemetery and wrote a couple of letters. Rappaport said that he wasn't against
the project but he was against the traffic; he lives here all ski season. Rappaport
said that unless the vans are scheduled and worked into everybody's life that wants
to come to the Aspen Club.
9. Kathy Welgos, works at the club, supported the project and agrees with
Marolt about considering the alternatives if this project didn't go through.
10. Amanda Boxtel supported the project and gave the three key points that she
saw: quality of life, preservation of community and taking into consideration who
was at the helm of the project here. Boxtel said the Aspen Club brought holistic
and was all encompassing.
11. Bruce ,neighbor on the Crystal Lake Road side, said there were 32
owners; he spoke of Michael's presentations and there were no single objections
by those owners and they supported the project.
12. Bill Fabricini, works at the Aspen Club, said that Aspen was all about the
community and the club needs to do something to keep up with the industry
competition.
13. Carleen Joseph, works for Aspen Youth Experience, said that physical
fitness was important to her and she works out at the Aspen Club every morning;
she supported this project.
14. Pamela Cunningham, general manager of the Aspen Alps, stated that Dick
Butera at prio P&Z and City Council meetings said he would never change the
entrance to the Aspen Club. Cunningham said that Michael Fox has done a very
positive thing at the club and what was presented was well conceived but the Alps
owners concern was the traffic; traffic plays a major problem. Cunningham
distributed a traffic study that was done 9/22/07 on Ute Avenue near Ute Place.
15. Rick Neiley stated that he represents a group of neighbors opposed to this
project with traffic as their main concern. Neiley said there was a fundamental
issue that this board has to address was the unique public benefits derived from the
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development not from the existing facilities; it was clear that everybody likes
Michael; it's clear that the current programs provide desirable benefit and it's clear
that the club is growing and is successful. Neiley said they were proposing a
fractional lodge in what is currently a zone district that prohibits that use and the
proposal is to implement a Specially Planned Area designation to get around the
underlying zoning that prohibits what was being requested here. Neiley said there
were no special conditions or uniqueness to this property to designate this property
SPA and one of the underlying lynchpins of the SPA zoning was land that provides
the greatest public benefit. Neiley said that this proposal was greater density with
no new public open space or gathering areas; no new trails; no special protections
for the riparian zone. Neiley said this proposal does not comply with the
requirements of the land use code. Neiley said that on behalf of this group of
neighbors that you don't recommend approval to council.
16. Robert, works at the club, supported the program and respected Michael; he
said that Michael was all about health, wellness, family and community. Robert
said this project was all about community.
17. Kim Balor, works at the club, supported the application for vitality. Balor
said that she was on the board of the young professionals and this was an
opportunity to keep the club employee.
18. Judy Brenner said that she was involved with the Susan Koman Breast
Cancer Foundation and because of Michael's generosity they have a home and are
able to fund more equipment and programs to the people of the community.
Commissioner Comments and questions:
Dina Bloom asked how much money was being put back into the community.
Cliff Weiss asked how many employees there were. Michael Fox replied there
were 256 w2s last year; at any given time between 140 and 256. Stan Gibbs asked
how many employees would the affordable housing units house. Sunny Vann
replied 27. Garrow responded that according to there were 12 two bedroom units
and under the code definition a two bedroom unit houses 2.25 FTEs.
Michael Wampler asked if they did market research on the healthy living concept;
how did you come up with 19 units instead of 13. Wampler said that he was
having problems with the units attached to the club. Fox replied that they did quite
a bit of market research to find the trends in the industry and what people are
looking for; healthy living was a way of reconnecting the family. Fox stated he
would rather have 30 units on site but the viability of the site supports 19 units.
Wampler asked what if this proposal for the club evolves on as it did from racquet
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sports 20 years down the road. Fox replied 20 years from now they can cross that
bridge; he said this project has a good opportunity for success. Wampler asked if
they would be willing to deed restrict the club so it was always a club. Fox
responded that they would be happy to do that.
Erspamer asked if they could put a restriction on a property if they violate the
zoning it would reverting back to original zoning, which is next to impossible; this
was brought up by the Ute Homeowners. Erspamer said that traffic had the big
impact.
Gibbs asked if lock offs were compatible with not having guests driving into town
for every meal. Fox answered that in the off season when the units weren't owner
occupied they could do programming a yoga retreat, additional programming; they
could do restaurant service; catering or people could go into town.
Erspamer asked for an explanation on page 15 of the "it's a rare project with fewer
impacts on its neighborhood and community after it is completed".
MOTION: Stan Gibbs moved to continue the meeting to 7:30pm seconded by
Brian Speck. All in favor, APPROVED.
MOTION.• Dina Bloom to continue the public hearing to March 18`h seconded by
Stan Gibbs. All in favor, APPROVED.
VOTE ON CHAIR AND VICE-CHAIR, RESOLUTION 12-08
Chair nominations: LJ Erspamer. All in favor, APPROVED.
Vice Chair nominations: Mike Wampler, Jim DeFrancia, Stan Gibbs. Stan Gibbs
received the most votes, Stan Gibbs elected as vice chair.
MOTION.' Cliff Weiss moved to adjourn at 7:20 pm seconded by Stan Gibbs. All
in favor, APPROVED.
Gc.f / O~~.a~+v
ackie Lothian, Deputy City Clerk
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