HomeMy WebLinkAboutminutes.council.20090427Regular Meeting Aspen City Couneil April 27, 2009
SECOND COMMUNITY WIDE GREENHOUSE GAS INVENTORY ....................... ... 2
CITIZEN PARTICII'ATION ........................................................................................... ... 2
COUNCILMEMBER COMMENTS ............................................................................... ... 3
CONSENT CALENDAR ................................................................................................ ... 3
• Resolution #25, 2009 -Amend the Wind Energy Purchase Agreement ............. ... 4
• Resolution #26, 2009 - 2009 Concrete Replacement .......................................... ... 4
• Minutes -April 13, 2009 ..................................................................................... ... 4
• Resolution #28, 2009 -Public Health Revitalization ........................................... ... 4
ORDINANCE #9, SERIES OF 2009 -Supplemental Appropriation ............................. ... 4
ORDINANCE #11, SERIES OF 2009 - Adoption of 2009 International Energy
Conservation Code ........................................................................................................... ... 5
ORDINANCE #10, SERIES OF 2009 -Disconnection of Territory South of Airport .. ... 5
RESOLUTION #3, SERIES OF 2009 -Aspen Valley Hospital Conceptual PUD ........ ... 5
ORDINANCE #8, SERIES OF 2009 -Jewish Community Center at Silver Lining Ranch
SPA Amendment ............................................................................................................. ... 7
RESOLUTION #22, SERIES OF 2009 -Exemption from Vested Rights Lot 1
Boomerang Subdivision .................................................................................................. .. 16
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Reeular Meetine Aspen Citv Council April 27, 2009
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Romero,
Johnson, Kasabach and Skadron present.
SECOND COMMUNITY WIDE GREENHOUSE GAS INVENTORY
Marty Darby, canary initiative, told Council there has been an 8.3% reduction in
greenhouse gas emissions between 2004 and 2007, or 2.4% per year. The decrease in
emissions is lazgely the result of the increase in the non-cazbon fraction of the City of
Aspen electric department energy portfolio, up 28.6 percent over 2004, and the
significant decrease in air travel, which is down 17%. The major sources of emissions
are air travel 36%; ground transportation 25%; electricity 20% and natural gas 14%. The
building sector and transportation sector contribute the most to Aspen's emissions and
emissions decreased in both the Transportation and Building Sectors; -emissions from
the Transportation sector decreased by 11.6% and from the Buildings sector by 4.0%.
The electric emissions decrease relative to its consumption increase is a result of the
greening of the City of Aspen electric portfolio, which rose from 35.7% to 65.8%
renewable (44.2 % to 72.7 %non-carbon). Aspen electric customers increased their
electric use by 2.9%. Despite Aspen electric customer's increase in consumption, their
associated electric emissions decreased 51.5%, a result of the considerable increase
in the utility's non-carbon sources of energy. Holy Cross customers increased their
electric consumption by 12.8%. Emissions attributed to Holy Cross electricity use
increased by 8.1 %.
Kim Peterson, canary initiative, noted that the goal is to reduction emissions 30% by
2020 or 2.8% per year, which means the city will have to keep working on ways to
decrease the emissions. Rick said there is a quick tracker to help keep track of emissions
in between the studies. Improvements have been made in the data gathering. Phil
Overeynder, utilities depaztment, said the electric department has a hydropower project
that will come on line in 2010. Overeynder told Council there has been a thorough
investigation of all city facilities to recommend improvements for energy efficiency.
These will be funded by savings through utilities and grant applications. Overeynder said
there is also a city project "Starts at Home" where energy audits and recommendations
for energy improvements will be done for city electric customers.
CITIZEN PARTICIPATION
1. Laura Thielen, Aspen Film, thanked Council for the recent Shortsfest. Ms.
Thielen said the assistance from the city and many businesses in the community helped to
pull off this event. It could not have been done without the support of local businesses
and hotels.
2. Emzy Veazy said the city should emulate LA and New York and require the
restaurant health ratings to be posted in restaurant windows.
Reeular Meetine Aspen City Council April 27, 2009
3. Jon Busch presented pictures of the city's street lights. Busch presented
photographs showing how the city trees aze interfering with the lamps, and the parks
department should trim them before the State comes in and puts in new street lights.
4. Jack Frey presented picture of the sidewalk, curb and gutter at Spring and Durant.
Frey requested that repair of this area be added to the city's concrete work this spring.
5. Andrew Kole noted the city has given ACRA $600,000 plus $200,000 for
marketing. Kole suggested the city look at "bounce" money and what might be worth
while in extra marketing. Kole said no money has been allocated toward fall marketing,
and this is a good season for tourism.
6. Toni Kronberg requested to be allowed to erect story poles for the art museum
proposed project at the former youth center. Ms. Kronberg told Council she tried to erect
balloons but could not get them to go up 70 feet, which is the height of the proposed art
museum building. Ms. Kronberg said voters should know how tall the building will be.
COUNCILMEMBER COMMENTS
1. Mayor Ireland noted Friday May ls` is the last day for absentee voting in the city
clerk's office; after that, voters have to go to their polls.
2. Steve Barwick, city manager, requested item IX(a) Resolution #28, 2009, be
moved to the consent calendar.
3. Lee Cassin, environmental health department, introduced the county health
officer, Dr. Moms Cohen. Ms. Cassin told Council since 2006 there have been monthly
meetings in the county to plan for health issues, like the potential swine flu outbreak.
Ms. Cassin told Council the incident command system will be used where everyone is
assigned a role and knows what it is. Ms. Cassin told Council there will be a press
conference this Wednesday at 11:30 a.m. in the Plaza One conference room. Dr. Cohen
told Council this is a new virus that has not been seen to date and the problem is a
moving target.
4. Mayor Ireland circulated a letter he has written to other taxing districts in Pitkin
County requesting they lower their mill levy so that their revenue will be the same and
property taxes will not increase.
CONSENT CALENDAR
Councilman Romero requested Resolution #26, Series of 2009, be pulled for discussion.
Tyler Christoff, engineering department, told Council staff received 5 bids and Heyl was
the low bidder by about 33%. Christoff told Council staff compared the bids side by side
and talked to Heyl's estimator. Christoff said Heyl has the ability to do a lot of the work
in-house. Steve Barwick, city manager, noted Hey]'s bid is $100,0001ower than the
other bids and asked if Council is interested in using some 2010 proposed budget to do
Regular Meeting Aspen City Council Apri127, 2009
more of the work in 2009 since the price is good. Councilman Romero said he likes the
idea of increasing the scope of this project.
Mayor Ireland moved to adopt the consent calendar as amended; seconded by
Councilman Romero. The consent calendar is:
• Resolution #25, 2009 -Amend the Wind Energy Purchase Agreement
• Resolution #26, 2009 - 2009 Concrete Replacement
• Minutes -April 13, 2009
• Resolution #28, 2009 -Public Health Revitalization
All in favor, motion carried.
ORDINANCE #9, SERIES OF 2009 -Supplemental Appropriation
Councilman Romero requested more detailed information on projects listed in the
supplemental appropriation like work on the water place housing units, the PC
replacement line items, AMP efficiency measures, the water project running across the
Maroon Creek for $400,000, electric fund efficiency conservation program, parking
department additional lighting for the parking garage, streets department efficiency
measure of $100,000, Elam's pricing for the street overlay project and whether it makes
sense to rebid that project, the Isis notch, the $100,00 for Main street median project,
survey monuments. Staff will have answers and more information for the second reading
on May 11`h.
Mayor Ireland moved to read Ordinance #9, Series of 2009; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE N0.9
(Series of 2009)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $2,583,260, A REDUCTION IN
THE GENERAL FUND OF $350,600, A REDUCTION IN THE PARKS AND OPEN
SPACE FUND OF $1,539,480, AN INCREASE IN THE WHEELER OPERA HOUSE
FUND OF $723,560, A REDUCTION IN THE CITY TOURISM PROMOTION FUND
OF $214,000, AN INCREASE IN THE TRANSPORTATION FUND OF $154,210 AN
INCREASE IN THE HOUSING DEVELOPMENT FUND OF $519,400, AN
INCREASE IN THE EARLY CHILDHOOD EDUCATION FUND OF $380, AN
INCREASE IN THE KIDS FIRST FUND OF $50,640, AN INCREASE IN THE
STORMWATER FUND OF $185,160, AN INCREASE IN THE PARKS AND OPEN
SPACE CAPITAL FUND OF $219,380, AN INCREASE IN THE WATER FUND OF
$2,253,150, AN INCREASE IN THE ELECTRIC FUND OF $806,250, AN INCREASE
IN THE RENEWABLE ENERGY FUND OF $2,835,730, AN INCREASE IN THE
Regular Meetin¢ Aspen Citv Council April 27, 2009
PARKING FUND OF $53,700, A REDUCTION IN THE GOLF COURSE FUND OF
$29,910, AN INCREASE IN THE TRUSCOTT FUND OF $242,550, AN INCREASE
IN THE MAROLT FUND OF $1,650, A REDUCTION IN THE EMPLOYEE HEALTH
INSUARANCE FUND OF $1,240, AN INCREASE IN THE EMPLOYEE HOUSING
FUND OF $76,650, A REDUCTION IN THE HOUSING ADMINASTRITION FUND
OF $19,140 AND A REDUCTION IN THE SMUGGLER FUND OF $330.
Councilman Romero moved to adopt Ordinance #9, Series of 2009, on first reading;
seconded by Councilman Skadron. Roll call vote; Councilmembers Johnson, yes;
Skadron, yes; Romero, yes; Kasabach, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #11, SERIES OF 2009 -Adoption of 2009 International Energy
Conservation Code
Mayor Ireland moved to read Ordinance #11, Series of 2009; seconded by Councilman
Romero. All in favor, motion carried.
ORDINANCE NO. 11
(SERIES 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY THE
ADDITION OF A NEW CHAPTER 8.46 TO ADOPT THE 2009 INTERNATIONAL
ENERGY CONSERVATION CODE, AMENDING 8.16.020 (v) "Energy Efficiency",
AMENDING 8.20.020 (f) "Energy" AND DELETING 8.54 "Efficient Building Code".
Councilwoman Kasabach moved to adopt Ordinance #11, Series of 2009, on first
reading; seconded by Councilman Romero. Roll call vote; Councilmembers Romero,
yes; Kasabach, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #10, SERIES OF 2009 -Disconnection of Territory South of Airport
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Romero moved to continue Ordinance #10, Series of 2009, to May 11, 2009;
seconded by Councilman Skadron. All in favor, motion carried.
RESOLUTION #3, SERIES OF 2009 -Aspen Valley Hospital Conceptual PUD
Chris Bendon, community development department, told Council he would like to review
the proposed resolution; get comments from Council and have this issue continued to
May 11`h. Bendon said the resolution grants conceptual PUD to the Aspen Valley
Hospital which would allow them to proceed to final review. This indicates to an
applicant that the city is okay with the application. Bendon said the exhibit referred to in
Section 1 will describe the hospital master plan, shows a phasing plan, a site plan and
Regular Meeting Aspen City Council April 27, 2009
renderings of the proposed building. The resolution outlines some additional work
required from the applicant. Employee generation mitigation will be an exhibit to the
resolution, which details the existing housing inventory and the expected employee
generation for each phase. This requires a reconciliation of employee generation from
phase to phase so that if employee generation is off in one phase, it can be rectified in the
next phase.
Bendon said there are requests to refine the bus stop location and configuration and to do
that in phase II rather than phase IV. There is also a request for a transportation demand
management plan to be submitted in phase II. This plan will be reviewed during each
additional phase of development. The conceptual approval will be valid for 20 years as
that is what the applicant projects as the build out. Council and P&Z will have the
opportunity to look at each phase. Bendon told Council the hospital met with the
residents of the senior center today.
David Ressler, representing the hospital, told Council the applicants are awaze that Aspen
has needs for detox services and they have been participating with a task force to address
detox. Ressler said the applicant feels the best approach to detox is to address it
regionally and develop a program to give a higher level of services rather than what one
establishment can provide. Ressler said Rifle, Eagle, Aspen and Glenwood Springs are
working collectively lead by Colorado West who has responsibility for 10 counties on the
western slope. Colorado West is applying for grants for a regional, modified medical
detox program in Glenwood Springs, which is a place for people to sober up in a safe
place and to be medically monitored. Ressler said the hospital is working with agencies
like the Right Door, who provides case management, transports patients to the detox
facility and encourages the patient to remain sober.
Mayor Ireland asked how people are stabilized medically before taken to a detox facility.
Steve Ayers, emergency room doctor, told Council all patients are evaluated to make sure
they are medically stable before being sent to detox. If they need more caze, they would
be sent to Grand Junction. Ayers said Colorado West can hold a patient on a 5 day hold
but they are not a locked, supervised facility. Ayers said patients maybe stabilized at
AVH before being transported to Glenwood. If a person is not medically fit to be in a
detox facility, they will be stabilized at the hospital first. Ayers said it makes more sense
to have a regional facility. Mayor Ireland said his concern is making sure there is
medical treatment so that the patient can be safe in transportation.
Councilman Johnson asked if a special district to support a regional facility is
contemplated. Ressler said the hospital pays $30,000/year to Colorado West and will
continue to support the detox center and also pays a fee to Right Door per patient. Ayers
said he feels the hospital is taking care of detox or psychiatric patients better than they
have in the past 20 years. Ayers said the community is taking care of the problems that
are created in the community.
Ressler told Council at this time, they are not planning on on-site day caze. The hospital
did a survey and there is not a large enough demand for that service. Mayor Ireland
Regular Meeting Aspen City Council April 27, 2009
brought up continuing care/retirement community. Mayor Ireland said the planned
expansion at Whitcomb Terrace is not a substitution for CCRC, which is not being
proposed by the hospital. Ressler said their proposed site plan is expansion of assisted
living only. Ressler noted there is a large community effort towards the concept of
continuing care and retirement, which would be a separate facility. Councilman Johnson
said he would like assurance from the senior community that the hospital as a community
member is conceptually participating in addressing the entire spectrum.
Mayor Ireland opened the public hearing.
Toni Kronberg noted there is no description of the uses involved in this application.
Bendon said this exhibit will be attached to the final resolution. Ms. I{ronberg said she
would like to see a warm water therapy pool as part of the application.
Mayor Ireland closed the public hearing.
Councilman Romero moved to continue Resolution #3, Series of 2009, to May 11;
seconded by Councilman Skadron. All in favor, motion carried.
ORDINANCE #8, SERIES OF 2009 -Jewish Community Center at Silver Lining
Ranch SPA Amendment
Councilman Skadron stated he has made financial contributions to this organization and
attends services; however, this will not affect his objectivity. Councilman Johnson stated
he received a campaign contribution from Rabbi Mintz.
Chris Bendon, community development department, told Council this is a request for an
amendment to the SPA for lot 5 Stillwater Ranch, which subdivision was approved by
Pitkin County in 1994. This was a 6 lot subdivision and one open space parcel; lot 1
became the Stillwater affordable housing project. This lot 5, south of the river, was
annexed into the city in 1997 and was zoned academic and conservation along the river
with an SPA overlay over the entire property. A conceptuaUfinal SPA plan was approved
granting exemption for an essential public facility to operate a camp for children with
cancer. The approval included a 14,000 square foot building for Silver Lining Ranch.
Bendon stated Council and staff conducted a site visit with the applicant last week,
looked at the property, at neighboring properties, the entrance, circulation, where the
affordable housing units would be located and possible renovation to the building.
Bendon told Council there is a packet of letters and a-mails received regarding this
project as well as staff findings for specially planned area in the packet.
Bendon said this camp was approved for 20 kids, staff and up to 20 special events/year.
The rezoning ordinance placed the SPA overlay over the entire parcel to allow for
flexibility of uses. Silver Lining ranch operated from 1999 through 2006 and then moved
its operation to Durango. The property has been listed for sale. Bendon said the effect of
the approvals for the Silver Lining ranch limited the number of things that can be done
Regular Meeting Aspen City Council Apri127, 2009
with this property. Bendon said requests coming into staff were for conversion to a
single family residence, which requires a rezoning review, which is a discretionary action
by Council. Another type of interest was in tearing down the building and rebuilding a
single family residence, which is also rezoning and also discretionary. People also
inquired about disconnection from the city into the county. Staff advised disconnection is
discretionary in front of Council, who has indicated they were interested in retaining
control over this parcel. The 4`h option was non-profit organizations interested in
operating from the existing structure.
Bendon reminded Council they reviewed a disconnection petition in 2007 and denied this
request indicating they would like to see some type ofnon-profit institutional use on this
property. Bendon said staff felts this proposal fits the property and the existing
entitlement and was similar to the Silver Lining ranch uses. The Jewish Community
center has community value and can use the existing building. The applications requests
few changes to the building or to the property. Bendon said staff supports the application
and the amendment to the SPA. The applicant could request a waiver of employee
housing, but there are provisions for housing on site. The project is in compliance with
the Aspen Area Community Plan and the changes to the site are minor. Staff has
analyzed the impacts of the proposal including traffic, and feels these impacts are
reasonable.
Councilman Skadron asked how the affordable housing on site meets the code
requirement especially if it is an essential public facility. Bendon said the housing is
roughly 60%. Bendon noted each essential facility is a unique review. Based on the
operations for the Jewish Community Center, the proposal meets the 60% requirement.
Councilman Johnson asked the relationship between city codes and private covenants.
John Worcester, city attorney, said private covenants are not related to the city, the city
does not benefits from the covenants and the city does not enforce the covenants.
Councilman Romero asked what the comments were when the Council did not approve
the application for disconnection from the city. Bendon said Council did not hear a
compelling argument for not having this parcel under city review; this parcel uses city
infrastructure and one has to drive through the city to get to it. Council did not want the
building torn down. There was a desire to maintain some type of community use on that
site. Councilman Romero agreed Council told the applicant to seek non-profits or
community organizations for this parcel. Councilman Johnson said the de-annexation
request was based on the idea that the highest and best use for this parcel was a single
family dwelling and changing the use from community non-profit to single family
residential development was not a good precedent.
Mayor Ireland said the reference to the consumer price index should be identified to an
index more particularly. Mayor Ireland said there is a lot of concern about transportation.
Mayor Ireland asked if there are plans for a traffic study. Mayor Ireland noted the Aspen
Club is seeking approval for redevelopment and there should be base data for a picture of
the existing capacity and for any future developments. Alan Richman, representing the
Jewish Community Center, told Council the purpose of the traffic audit is to demonstrate
Regular Meeting Aspen City Council April 27, 2009
that the actual traffic generated by the project is what the applicant believes will be
generated. The applicants will present the traffic impacts; the uses for the building have
been identified as well as potential uses. Mayor Ireland said the city needs a target that
rations the traffic if the problem cannot be solved. Mayor Ireland said the statement
"discuss additional measures" needs to be stronger.
Alan Richman, representing the Jewish Community Center, outlined the program for the
property in order to understand the impacts. Richman said the applicants have no issues
with P&Z or the staff recommendations. Rabbi Mendel Mintz told Council the goal of
his organization is to make the Jewish Community Center an asset to the community with
the intention of being a good neighbor. Rabbi Mintz said he has reviewed all the
commitments and intends to keep all the commitments made in the presentation. Rabbi
Mintz told Council there are no plans to change the outdoor pool.
Rick Neiley, representing Silver Lining Foundation, reminded Council he came before
Council to request disconnection of the Silver Lining Ranch from the city. Afler these
hearings, the applicant came away with the impression that the city would like the non-
profit essential community facility operations continued. Neiley told Council it has not
been easy to find an organization willing to take this property and to use the existing
buildings. The Silver Lining Ranch wanted to find an organization whose impacts would
be similar to those of the operation of the Silver Lining Ranch. Neiley said the traffic on
Ute avenue is a difficult issue.
Neiley noted the original proposal was 14 weeks of sessions with terminally ill children.
The sessions involved staff and families. The original application envisioned 12 staff
living on site. The kids' camp often had more than 50 people in attendance. Neiley said
he has a CD of footage of the kids' camp in action. Neiley said the impacts of the
proposed Jewish Community Center are the same as the kids' camp. Neiley noted most
of the uses will take place indoors, meetings, religious services, classes. There will be
some outside uses; however, the outside uses of the Little Star foundation were regulaz
and extensive. This was a facility dedicated to making terminally ill children have a great
experience at camp. Neiley said this facility was used year round on a regular basis, not
just 14 weeks. Neiley said the approval included approval of special events as well as
making the facility available to community medical non-profit events. Neiley reiterated
this was an active facility involving a lot of people. Neiley said the proposed use is not
going to be more substantially impactive.
Neiley stated the city was specific in rezoning the property to academic which uses are
educational, cultural, research and housing administrative facility. Neiley said this is
what the Silver Lining ranch was. The Jewish Community Center fits that definition also.
Neiley said the Little Staz foundation moved not because of lack of interest or use in the
facility. Neiley said this was approved as anon-profit home, an essential public facility
for educational and cultural purposes. The SPA relates to governing and control of
facility and to make sure the good work is fit into the community.
9
Re¢ular Meetine Aspen City Council Apri127, 2009
Richman showed Council a map of the area, pointing out Stillwater ranch, the Aspen
Club and the subject property, the 4 residential lots, the Stillwater affordable housing, and
the common open space parcel. Richman noted the subject property is located off the
cul-de-sac off Ute Avenue. Richman pointed out the distance from the proposed Jewish
Community Center to the properties on Stillwater ranch, ranging from 1350 feet to 280
feet for the Hunt property and 250 feet to the Aspen Club condominiums. Richman noted
only the Hunt property has access off Ute Avenue, all the other lots access off Highway
82.
Richman showed where the property is zoned academic and conservation. Richman
noted there is no request to rezone this parcel, just an amendment to the SPA to add two
uses to the approved list of uses; arts, cultural and civic uses. Richman told Council in
1997 when this property first went through the process, there was no category for art,
cultural and civic uses. This has been created for non-profit arts, cultural and civic uses
and is the appropriate use for the property. Richman said the applicants are proposing
that affordable housing for arts, cultural and civic uses be allowed; the previous approval
allows for dormitory use.
Richman said the physical changes are minor. The building is a good fit for the proposed
program; there are no exterior changes proposed except for the addition of a 700 square
foot affordable housing building. The main level has the great room, which is proposed
to be the sanctuary and a dining room, which is proposed to be the social hall. The
sanctuary will be used for religious services, Friday nights, Saturday morning and
religious holidays. Richman noted the Chabad has experience running religious services.
Friday evening service is attended by 10 to 20 persons and Saturday is larger, especially
during winter and summer season and is 20 to 40 persons. The dining room will be used
for meals after services and will be used in conjunction with those services. The
sanctuary and dining hall will be used on religious celebrations or bar mitzvahs.
Richman pointed out Ordinance #8 is specific in defining what a special event is and the
frequency of those. The ordinance says a special event is one that attracts more than 50
attendees with a maximum of no more than 200 people. The application states there will
be no more than 5 to 10 special events/year. The ordinance has a chart outlining these.
Richman said substantial changes to this application will require P&Z and Council
review as an amendment to the SPA plan. Mayor Ireland asked if this representation is
that the applicant is voluntarily offering to restrict the number of events and that the
number of special events will not be increased without Council approval. Richman said
that is the applicant's proposal after much consideration. This is not an unlimited facility.
Richman said staff will require an SPA amendment to be recorded. Mayor Ireland said it
is important to the neighbors to know when the special events will be and when they can
expect these events.
Councilman Johnson pointed out no other religious institutions in Aspen is limited to
when it can worship and how many events it can have. Councilman Skadron asked if an
event is one gathering of a group of people. Richman said it is. Councilman Johnson
asked about the kitchen. Richman said that was a possibility for use at the Main street
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Regular Meeting Aspen City Council April 27, 2009
property, not this property. The Main street property was anticipated to be rented out to
community members for weddings and other special events. Richman said the applicants
do not want to subject residents along Ute avenue to special event traffic. This property
and its uses is about children and the opportunities for pre-school for kids.
The upper level of the existing building has classrooms and bedrooms, which will be
combined into space for library, classrooms and a rabbi's office. Richman noted
classrooms will be used for adult education classes that will happen one morning and one
evening with 10 to 20 students. Hebrew school is proposed for children getting ready for
bar mitzvah; this will be 8 to 10 children. Richman said the lower level has bedrooms
and recreation spaces; this will be converted to pre-school classrooms Richman
reminded Council this level opens up to the outside. The pre-school is open to all
families in the community and will operate 5 days/week with about 40 children, infants to
pre-K. The capacity for child care is established by state of Colorado standards for pre-
schools.
There were questions at P&Z about a summer camp and the size of that summer camp.
Richman said the summer camp will be pre-school that happens during the summer with
the same capacity, 40 kids. The cabin will be for the cazetaker/maintenance personnel.
Richman pointed out the property currently has 10 pazking spaces and a circulation
system with in and out at the same spot. The applicant does not want to encourage
people to drive to the property but the applicants do want to make it safe. The proposal
has changed this to a circulation loop with enter and exit in two different locations to
eliminate traffic conflict. The driveway around the building is designed for fire
emergency vehicles with no changes proposed. The proposal increases the parking to 20
spaces, an increase of 10 parking spaces with the intent to provide enough pazking for the
daily usage of the site, like adult education. Richman said there is no parking standard in
the code so staff reseazched this, looked at other resorts, and found the standard for
religious facilities is one parking space for 4 or 5 sanctuary spaces. Richman reminded
Council this Jewish sect members are told not to drive to religious services. This
sanctuary can accommodate 80 to 100 people for high holiday services. Typically there
are 40 attendees. There is a pedestrian trail connection from the edge of the property
where the cross town shuttle ends to the building. Richman said they agreed to
participate in the cost of a connection to the Benedict building.
Richman told Council the applicants have committed to operating two 15 passenger free
shuttles for the pre-school to pick up and drop off at Koch park. Richman said they will
commit to a 3`a shuttle if the demand is such. Richman told Council parents will be
informed that driving to this facility is essentially forbidden and if parents drive to the
site, they will be charged extra. The Rabbi will make it clear that driving to this pre-
school is not acceptable. Richman pointed out the applicants have agreed to a traffic
audit one year after operation which includes if the applicants have not achieved close to
100% transit usage for the pre-school, they must return with additional measures.
Richman agreed these measures should be specified. Richman said shuttle will also be
used for special events; pick up could be at the parking garage and hotels azound town.
11
Regular Meeting Aspen City Council April 27 2009
Richman said any advertisement and invitations to special events will specify there is no
parking on site.
Jeff Bream, transportation consultant, told Council he also worked on the Jewish Center
on Main street. Bream noted the location and limited parking make this a unique facility.
The uses boil down to a church and a day care as daily activities. There are some less
frequent activities. Bream said limited parking is an asset from a travel demand
management. Bream told Council there are several plans in place for alternative
transportation. Bream said they went through the activities, how often they occur, when
they occur. Bream said he looked at what is appropriate transit share and how many
people would come in a vehicle. Bream said he then generated typical trips, about 25
trips/day. The pre-school is a bigger activity and it will be serviced with a shuttle.
Bream told Council the Silver Lining Ranch generated about 30 trips/day; this will be an
increase of 100 trips/day. Bream said he generated trips for other activities to answer if
any activities are generating significant trips. The 125 trips is based on a travel demand
management system. Bream said there would be about twice as many trips to the site if
there was no TDM. Bream said the existing traffic conditions are about 1500 cars/day on
a local road operating at service level A. Bream said the issue is perception of traffic
level. 1500 cars/day equals 2 or 3 cars/minute or a moderate amount of traffic for a local
roadway. Bream said traffic generally fluctuates 10% from day to day. This project is
adding about 10% and is a level of traffic consistent with the roadway. This is a low
impact site from the traffic perspective.
Mayor Ireland noted Tom Reagan submitted a commentary on the traffic analysis raising
several issues and requested these be addressed in writing for the next public hearing, the
narrowing of Ute avenue by snowfall, how parking spill out onto Ute avenue is
prevented, consideration to determine whether van service is working or not and a way to
enforce that. Bream said he can come up with agreeable measure and agreeable baseline
and a way to measure frequency. Councilman Skadron asked if there is an analysis from
the city's transportation department. Bendon said the report and assumptions have been
examined by the city's transportation department
Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.;
seconded by Councilman Romero. All in favor, motion carried.
Councilman Skadron said traffic is a critical issue and it should be analyzed by the city.
Mayor Ireland said he would like that in writing so it can be included in the packet and
available to the public. Councilman Skadron said several letters stated that activities at
the Jewish Community Center might encroach on open space; it seems this property is
sufficient to accommodate all activities within its boundary. Richman said there is no
plan to encroach on open space. Recreation will occur on the conservation lands not the
common open space. Richman pointed out the Stillwater open space, which is beyond
the split rail fence and it will not be encroached upon.
12
Regular Meeting Aspen City Council April 27, 2009
Councilman Skadron asked for the comparable dimension between L'Auberge and this
property. Richman said L'Auberge is 27,000 square feet and the approval is for 20,000
squaze feet. Richman noted there were uses approved for L'Auberge that will not take
place on the Silver Lining Ranch property. The Silver Lining Ranch is 14,000 squaze
feet. Councilman Skadron asked if the program is 30% less. Rabbi Mendel Mintz said
there are two different plans for two different buildings. Neiley said the building is
18,001 square feet; the approved FAR is 14,000 square feet.
Mayor Ireland opened the public hearing.
Kathy Pike, 1463 Ute Avenue, said her biggest concern about this project is traffic. Ms.
Pike stated she supports the Jewish Center in town. Ms. Pike said she has two kids in the
schools and there is no bus service because they will not drive down Ute Avenue. Ms.
Pike said she is concerned about the safety of kids riding the bus and people walking and
riding bicycles up and down the street. Georgeanne Waggaman, Waters Avenue, said she
is concerned about the traffic on Ute Avenue. Ms. Waggaman said one cannot guarantee
what happens with traffic and Ute Avenue is not going to get flatter, wider or less icy.
Ms. Waggaman said this is not an appropriate location for the Jewish Community Center.
Andrew Munvies, Ute Avenue, directly across the entrance, told Council this street gets
very busy when people go to the Aspen Club and there is heavy truck traffic servicing the
Aspen Club. Munvies said the traffic is intense at certain times, like 4:30 to 7 p.m, and
this proposed program will make it more intense during these hours and it is also the time
when kids get out of school. Munvies said he is concerned that the shuttle service will
not be used. Munvies said he is concerned about accountability and how this applicant
will be held to their promises.
Travis Fulton presented a letter from Jessica Benedict and that letter speaks for him as
well. Bill Fox, Fix Higgins transportation group, said he was asked to review the
applicant's traffic study. Fox said he has concerns about the underlying assumptions
about trip making and alternative mode use. Fox said Ute avenue is only 20' wide and it
gets constricted in the winter with the snow build up. Ute Avenue is a''/z mile long cul-
de-sac with minimal sidewalks and people walk in the street. People park illegally on
Ute Avenue, further narrowing the road. This becomes an emergency response issue.
Fox said his concerns with the assumptions in the analysis is the 75% of the people using
day care will put their kids on a van and that 90% of attendees at a special event will
arrive by shuttle van. Fox questioned what happens if these people do not use vans. Fox
said the pazking on property will be used up by employees and the shuttle vans, leaving
few spaces available for attendees.
Susan Welch, 10 Ute Place, told Council she is on a school board and her school has
increased in size over the past few years and they have had to go back to the city for more
parking. Ms. Welch said this application is for apre-school and for a camp and attendees
will probably increase, increasing the impacts on the neighborhood. John Corcoran,
Aspen Alps, told Council the Aspen Alps owners are concerned about elements of this
application related to traffic and safety on Ute Avenue. Ute and Original and Ute and
13
Regular Meetine Aspen City Council Apri127, 2009
South Aspen Alps road can be dangerous and this would make the situation worse. Jenny
Rosenberg told Council there is a huge necessity to have another pre-school in this
valley. Ms. Rosenberg said there is a lot of teacher turn over in the valley and it is a
benefit that the Jewish Community Center will offer housing for teachers, which should
help will employee retention.
Chuck Bellock 1420 Red Butte Drive, reminded Council Ute Avenue is a 3,000 foot long
cul-de-sac ofsub-standard width. Bellock said there are no other religious facilities in
Aspen served by a cul-de-sac. This is not the appropriate place for the facility. Bellock
told Council he owns a lot in Stillwater Ranch and the protective covenants do not allow
other uses than a camp for sick children or a single family residence. Bellock said
because of these covenants, the sale to the Jewish Community Center, may not be able to
go forward. Bellock said no use more intense than the 14 weeks per year for 20 students
is allowed by these covenants. Bellock asked Council to reconsider approval with the
covenants in mind.
Tom Reagan, president Stillwater Open Space Association, encouraged Council to read
the letter from Jessica Benedict, which provides historical perspective. This
neighborhood was originally developed to be a cluster of homesites for the Benedict
family with some extra lots to raise money to pay for the infrastructure. When the
possibility of giving a donation to the Silver Lining Ranch for seriously ill children was
presented, the Benedicts embraced that with minimal institutional impact on the property.
Reagan said opening this up to further development is letting the genie out of the bottle.
Reagan said the proposal goes significantly farther than the covenants allow.
Elaine Stertzer told Council she has been part of the Jewish Center and this is a perfect
place for children to be. Ms. Stertzer noted there were children on property with the
previous use and there must have been a solution to the transportation. Ms. Stertzer said
apre-school use limits the number of children that can attend. Ms. Stertzer disagreed that
the traffic will not be controlled. Leah Davis noted there is a church at the end of
Mountain View Drive, which is a cul-de-sac full of homes and lots of children. Ms.
Davis pointed out kids take the shuttle to Wildwood School every day. Ms. Davis told
Council for her daughter's bat mitzvah, she hired a bus for transportation. Ms. Davis
noted the traffic on Ute does not affect residents in Stillwater.
Larry Rosenfield said the Jewish community needs to build something and the question is
when and where. There is a not in my neighborhood argument with all development.
Rosenfield noted the community has changed a lot over the past years. Rosenfield said
the existing building is not going to be modified greatly and this will provide a needed
service. Aaron Fleck, Stillwater resident, said the Stillwater residents have supported
many Jewish congregations and causes. Fleck said Jewish special events often last 2 or 3
days. Fleck said bar mitzvahs and weddings are often attended by more than 200 people.
Fleck said this facility will have a kosher restaurant. Fleck said he has seen a brochure
advertising it as an international resort. Fleck said the number of proposed attendees will
tax the city's infrastructure not just the traffic.
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Regular Meeting Aspen City Council Apri127, 2009
Connie Holcombe, resident manager Ute Place Homeowner's, said the owners
unanimously opposed this applicant. Martha Luttrell, Aspen Club condominiums, said
she is right across the river from this facility. Ms. Luttrell said she is concerned abut 40
children being on this property and is concerned about the noise and dealing with it on a
daily basis. Bill Krimmel said he has been with the Silver Lining Ranch since 1997.
Krimme] said he is supporting the kids being on this location. Krimmel said kids grow
mentally and physically in this location and kids deserve this chance.
Steve Gaines, 1114 Waters, said the traffic has been on Ute avenue for a long time. If
there are safety concerns, they should be addressed regardless of this facility. Gaines said
the community dialogue talks about compelling public interest and betterment. This
seems to be an idyllic fit for a Jewish Community Center.
Councilman Johnson moved to suspend the rules and extend the meeting to 10:30 p.m.;
seconded by Mayor Ireland. All in favor, motion carried.
Leah Stein, member of the synagogue, said this applicant is not a reform synagogue. Ms.
Stein said o8en the majority of the congregation does not drive as it is not permitted. Ms.
Stein said this proposal has a lot to do with the children; this application is precious for
the children. Bazbaza Fleck said she feels the Jewish community Center belongs on Main
street. Ms. Fleck read from Jessica Benedict's letter about the formation of this
subdivision and the covenant on the open space. There are still living donors to these
agreements. Amy Scheeber stated in Aspen traffic is an issue; however, child caze is a
bigger issue. The community needs more child care sooner over later. The Silver Lining
Ranch is there and ready to go. Jessie Boyce stated he supports this move because it does
not require any construction and because of the lack of construction on the Main street
site.
Mayor Ireland closed the public hearing.
Mayor Ireland reiterated there is major concern about the traffic, about controlling it,
about adhering to promises made. Council has requested staff review both traffic reports
and give an opinion in writing. Mayor Ireland said staff will verify whether the
underlying assumptions are good. Councilman Skadron asked if staff will comment on
the private homeowners' covenants. Mayor Ireland said the city attorney's office will
evaluate those. John Worcester, city attorney, stated these are private covenants, private
agreements between land owners; the city is not a party to these covenants. Councilman
Skadron asked about the reference to an international camp. Richman said he has not
heard of this; it is not part of the program. Councilman Johnson asked about a report
from the street department on plowing Ute avenue and from the police about
enforcement. Councilman Johnson said his real concern has to do with discrimination
and requested a report from the community development department about whether any
restrictions were placed on events or traffic for any other religious institutions that have
applied for and received expansion approval from the city. Mayor Ireland said the city
needs a finite limitation on the traffic on Ute avenue.
15
Regular Meeting Aspen City Council April 27, 2009
Councilman Skadron moved to continue the public hearing to May 11; seconded by
Councilman Romero. All in favor, motion carried.
RESOLUTION #22, SERIES OF 2009 -Exemption from Vested Rights Lot 1
Boomerang Subdivision.
Chris Bendon, community development department, said this property is at 501 West
Hopkins and this is a request to exempt lot 1 from vested rights requirement. Lot 1 is one
of the residential lots. The lot split was approved 3 years ago; it was a 5 unit subdivision
including a deed restricted affordable housing duplex, 2 single family and a proposed
single family house on lot 1. The owner of lot 1 applied for and received a building
permit and proceeded with excavation. The applicant decided to discontinue
construction. Bendon told Council the vested rights expire tomorrow.
Bendon said with the amount of work that has been done on this site, there is a good
argument for common law vested rights. There has been reliance on the approvals.
Bendon said exemption from vested rights would allow this lot to be perpetually vested,
which eliminates the city's ability to apply new regulations to this lot. Bendon told
Council the applicant has agreed and it is in the resolution, to remove all construction
trailers, all equipment, to fill in the excavation and grass over the lot. Bendon said this is
probably important to the neighborhood. Bendon told Council staff does not support the
exemption from vested rights but does support a 3 year extension.
Sunny Vann, representing the applicant, told Council there is a section in the code stating
if an applicant has done everything they are supposed to and relied on the approval, one
could apply for an exemption. Vann said all the utilities are in, the affordable housing
has been built. The only thing not built is the last free market residence. Vann said the
subdivision agreement entered into at the time of approval states building permit issuance
is subject to all zoning regulations in effect at the time of issuance so any applicant would
be would be subject to changes in height, mass, density. Vann said if Council is not
inclined to grant the exemption, the applicants request at least a 5 year extension. Mayor
Ireland said he would prefer not to grant a perpetual exemption. If the applicant is
willing to restore the property, he would be willing to agree to a 5 year extension.
Mayor Ireland moved to approve Resolution #22, Series of 2009, granting a 5-year
extension, for lot 1 of the Boomerang subdivision; seconded by Councilman Skadron.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
All in favor, motion carried.
Councilman Romero moved to adjourn at 10:30 p.m.; seconded by Councilwoman
Kasabach. All in favor, motion carried. ,~/Q`
~~~
16