Loading...
HomeMy WebLinkAboutminutes.council.20090511Regular Meeting Aspen Citv Council Mav 11, 2009 PROCLAMATION -Month of the Young child .............................................................. . 2 CITIZEN COMMENTS .................................................................................................... . 2 COUNCILMEMBER COMMENTS ................................................................................. . 2 CONSENT CALENDAR .................................................................................................. . 3 ORDINANCE #12, SERIES OF 2009 - 627 West Main TDR Establishment ................ .. 3 ORDINANCE #13, SERIES OF 2009 - 219 South Third Ordinance #48 Negotiation... .. 4 ORDINANCE #9, SERIES OF 2009 -Supplemental Appropriation .............................. .. 7 ORDINANCE #11, SERIES OF 2009 -Adoption of International Energy Code ........... .. 9 RESOLUTION #3, SERIES OF 2009 -Aspen Valley Hospital Conceptual PUD ......... 10 ORDINANCE #8, SERIES OF 2009 -Jewish Community Center SPA Amendment.... 11 ORDINANCE #SO, SERIES OF 2009 -Disconnection of Territory South of the Airport ........................................................................................................................................... 15 1 Regular Meeting Aspen City Council May 11, 2009 Councilman Skadron called the meeting to order at 5:10 p.m. with Councilmembers Johnson, Romero and Kasabach present. PROCLAMATION - Month of the Young child Councilman Skadron read the proclamation proclaiming May 2009 as Month of the Young Child and invited the community to the Children's Parade, Thursday May 215` at 10:30 a.m. Children from Roaring Fork Kids presented Council with tote bags. CITIZEN COMMENTS 1. Toni Kronberg congratulated the Mayor on his re-election and thanked Councilmembers Johnson and Kasabach for their contribution to the community. Ms. Kronberg thanked the voters who voted no on the Art Museum land deal. Ms. Kronberg said there will be a thank you party sponsored by the Friends of the Rio Grande and Friends of Library Plaza and Taster's next month. 2. Marilyn Marks congratulated the winners of last week's election and commended all candidates who ran and who added their voices to the dialogue. Ms. Marks said regarding the vote on the museum land trade, she would like to see the museum built but felt this question was premature. Ms. Marks said the museum donors should be commended for what they were trying to contribute to the community. 3. Rob Ittner told Council he has done some data analysis using the strings from the instant runoff voting using different types of tabulation, like sequential elimination rather than batch elimination. Ittner said the results would have been different if the Council race was conducted with sequential elimination. Ittner suggested Council form a task force to look at instant runoff voting now that there is experience and background information and there may be a better system for the future. Ittner said there was misinformation in the community. COUNCILMEMBER COMMENTS 1. Councilman Romero thanked everyone who participated in the recent Mayor/Council election. Councilman Romero said this recent election was a statement of how committed this community is and how vested everyone is in the values of the community. Councilman Romero thanked Councilmembers Kasabach and Johnson for everything they have done for the city. 2. Councilman Skadron agreed and thanked staff for the great work done on the election. Councilman Skadron said he was in Council Chambers during the election returns and it was exciting. 3. Mayor Ireland thanked the other candidates who ran for Mayor. Mayor Ireland said it was a difficult experience. Mayor Ireland stated he is committed to making some changes. Mayor Ireland thanked Councilmembers Kasabach and Johnson for their Regular Meetine Aspen Citv Council May 11, 2009 service; it is difficult service that demands a lot for little pay. Mayor Ireland said Aspen politics attracts people who are selfless. Mayor Ireland noted the new Council, Derek Johnson and Torre, and he will be sworn in June 8`h 4. Mayor Ireland announced this weekend is "Ride for the Pass", a fund raiser put on by Independence Pass Foundation to help heal the scars on the pass. 5. Mayor Ireland noted Ride the Rockies is coming through Aspen June 18`h. Mayor Ireland said he will be riding in Ride the Rockies and will carry promotional materials for Aspen. 6. Randy Ready, assistant city manager, requested Ordinance #9, 2009, Supplemental Appropriation, be moved to the first public hearing. Council agreed. 7. Randy Ready, assistant city manager, announced a promo, Shop, Dine, Park, Aspen which allows people who spend over $50 in an Aspen restaurant or store to redeem 4 parking tokens. This promo will run through early June. CONSENT CALENDAR Councilman Romero moved to approve Resolution #29, 2009, Extending Ordinance #48 Negotiations 211 W. Hopkins; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #12, SERIES OF 2009 - 627 West Main TDR Establishment Sara Adams, community development department, told Council this 3,000 square foot lot is in the Main Street history district. The applicant has already severed one TDR and is requesting to sever another 250 square foot TDR. Ms. Adams told Council the TDR is conditioned upon the applicant pulling a demolition permit in order to have enough unbuilt property for the second TDR. Councilman Skadron asked if the funds will be invested back into the historic property. Ms. Adams said this would be a question for the applicant at second reading. Councilman Skadron asked if the TDR process honors the goals set in the historic preservation of Aspen's heritage. Ms. Adams said she believes it does. Councilman Skadron asked the current TDR inventory. Ms. Adams said 31 have been approved by Council; 23 have been severed from the property. Ms. Adams said she would have further information at second reading. Councilman Romero moved to read Ordinance #12, Series of 2009; seconded by Councilwoman Kasabach. All in favor, motion carried. ORDINANCE N0. 12 (SERIES OF 2009) Regular Meeting Aspen Citv Council May 11, 2009 AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING ONE (1) 250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE DEVELOPMENT RIGHT CERTIFICATE FOR THE SENDING SITE OF 627 WEST MAIN STREET,LOT B, BLOCK 25, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Councilman Romero moved to adopt Ordinance #12, Series of 2009, on first reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Kasabach, yes; Romero, yes; Skadron, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #13, SERIES OF 2009 - 219 South Third Ordinance #48 Negotiation Amy Guthrie, community development department, showed a photograph of the location and the house, which was constructed in 1965 as a vacation home. Ms. Guthrie reminded Council Ordinance #48 allows property owners who want to move forward with plans for their property to chose between several options; one is to go through HPC review for proposed alterations and not apply for historic designation; another is to apply for voluntary historic designation and negotiate with Council for incentives; or to meet with Council, hear what the city would like to see and proceed with their application. There is a 90 day delay where the city can offer options. Ms. Guthrie told Council this is the first time a property has come forward under Ordinance #48 with the negotiation option. HPC will retain the design review purview over the property. HPC is being asked to review this as a historic landmark and historic lot split and to make recommendations to Council. HPC is being asked to review variances and incentives that have been available under historic preservation for the past 20 years. Ms. Guthrie said Council's role is to hear the proposal and to consider incentives outside HPC's purview. Those incentives include setback variances, FAR bonuses, residential design standards variance, waiver of affordable housing mitigation and extended vested rights. This project will not exceed what could be achieved through other venues of the land use code, but they are packaged in one decision. This property is over 9,000 square feet with a modern chalet building. The applicant proposes to take the 1500 square foot building, add 1100 square feet, do a historic lot split and put the rest of the development rights in a detached structure. The requested incentives affect the proposed new parcel. Ms. Guthrie told Council at second reading, staff will present criteria for lot split and for the requested incentives. Councilman Skadron asked for HPC comments. Ms. Guthrie said HPC feels this property is worthy of negotiation and they have given feedback about where the proposed addition might be placed, to which the applicant responded. Councilman Skadron asked if this is granted, will the house still possess the character representative of vacation homes of the 1950's. Ms. Guthrie said the proposal is to expand this building and part of its charm is its small scale. HPC has expressed concern over preserving the building. Councilman Skadron asked the maximum build out on this property under the non- landmark scenario. Ms. Guthrie said this property is zoned R-15 and 3652 square feet for 4 Regular Meeting Aspen Citv Council Mav 11, 2009 single family or duplex on this site would be allowed; however, the applicant has looked at incentives that would allow someone to voluntarily build a deed restricted affordable housing unit up to 1200 square feet, none of which counts in the floor area calculations plus the applicant is awarded up to 600 square feet for free market bonus. Ms. Guthrie said the maximum FAR that can be achieved through existing land use code is 5,452 square feet; the applicant is proposing 5,035 square feet without affordable housing. Councilman Skadron asked if a setback variance would result in a building envelope that is better or more appropriate or is the variance necessitated by the proposed size of the house. Ms. Guthrie said there are two variances being requested, a setback variance will allow the new structure to align with the existing structure, which is characteristic of the design review standards. The other variance minimizes the internal yard between the two buildings and has less impact on the adjacent property owners. Councilman Skadron asked if the size of the addition is appropriate for the property. Ms. Guthrie said this is part of a proposal that the applicant feels is necessary for them to offer a voluntary designation. Ms. Guthrie said this will be smaller than structures in the surrounding neighborhood. The total build out would be 5035 square feet. Mayor Ireland noted that without any Council review, this applicant could build 4542 squaze feet and with a 1200 square foot deed restricted unit, they could build up to 5452 square feet. The lot split is an existing program, not part of the Ordinance #48 negotiations. Mayor Ireland pointed out one of the incentives in the ordinance is a waiver of affordable housing fees. Mayor Ireland said he cannot support this as it is using affordable housing resources to pay for historic preservation which seems to be a mixing of the funds. Mayor Ireland asked if this ordinance can be amended at first reading. Jim True, special counsel, said the applicant should have the opportunity to address that at second reading. Mayor Ireland said he can only support this if it is amended on first reading to send the message that he is not interested in negotiating the use of affordable housing money to create historic resources. Mayor Ireland said he would like more information to back up the assertion that this is consistent with the neighborhood. Ms. Guthrie said she will provide that information for second reading. Ms. Guthrie pointed out there was other ways that the affordable housing fees are waived for historic landmarks. Councilwoman Kasabach said she is concerned about the length of vested requested. Councilman Romero moved to read Ordinance #13, Series of 2009; seconded by Councilwoman Kasabach. All in favor, motion carried. ORDINANCE #13 (Series of 2009) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING LANDMARK DESIGNATION, HISTORIC LANDMARK LOT SPLIT, AN FAR BONUS, SETBACK VARIANCES, A RESIDENTIAL DESIGN STANDARDS VARIANCE, WAIVER OF CASH IN LIEU PAYMENT FOR AFFORDABLE HOUSING MITIGATION, AND 10 YEARS VESTED RIGHTS FOR 5 Re¢ular Meetin¢ Aspen Citv Council May 11, 2009 THE SITE SPECIFIC DEVELOPMENT PLAN OF THE PROPERTY LOCATED AT 219 S. THIRD STREET, PORTIONS OF LOTS O-S, BLOCK 39, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Romero moved to adopt Ordinance #13, Series of 2009, on first reading; seconded by Councilwoman Kasabach. Herb Klein, representing the adjacent property owners, said HPC is interested is hearing from Council about landmark designation and the incentives. Klein noted the negotiations set up in Ordinance #48 have no guidelines or limitations. The score sheets and criteria have not been available. Klein said without the scoring or criteria, there is a sense the process has no boundaries and reliance on the land use code is out the window. Klein said the standards in the land use code should not be cast aside without an overwhelming public benefit. Klein said exemptions are being sought which are worth several million dollazs. Klein stated in the absence of criteria and the open negotiation process, the process seems arbitrary. Klein said the absence of criteria extends into the Ordinance #48 negotiation process. The applicants have requested an extra 493 square feet as an economic incentive, which is not allowed by the land use code. Council has flexibility to grant fee waivers, additional floor area not provided for in the code is a de facto rezoning, bypassing the required processes. Staff reconciles this with the fact there could be an affordable unit on site; however, there is no deed restriction offered on this. Klein stated the applicant originally proposed to transfer 1900 feet of floor area off to a nearby parcel, which may not be owned by the applicant and this has been taken off the table. Klein noted if Council hears they can get a quit claim deed to this parcel that may not be a reality. Klein said the applicant can build a maximum square feet without this negotiation and also build 1200 square feet and obtain a 600 squaze foot bonus. Klein said with that proposal, the community would be getting a for sale deed restricted employee housing unit. Klein noted the negotiated process generates only free market square footage. The non-historic alternative nets the city affordable housing and the historic alternative presents no affordable housing and a waiver of the $172,000 housing mitigation fee. Klein said the HPC was not an advocate of this proposal at any cost. Klein noted HPC urged Council not to over-burden the historic resource and respect the character of the neighborhood. Klein requested Council be circumspect in doling out benefits and the detrimental impacts that may result. If Council feels this property is worthy of designation, they should be frugal with the benefits they bestow. Jake Vickery, representing the neighbors, told Council he has experience as an architect doing historic projects. Vickery said there is no criteria to determine whether this property is worthy of preserving nor was there a scoring sheet. Vickery prepared a score sheet using the same categories as HPC's integrity score sheet. Vickery told Council he scored this 48; an applicant needs a score of 75 in order to qualify for landmark status. Vickery said he will provide this in a smaller format. Vickery noted he worked up a sheet on the value of the incentives requested. Vickery told Council the total is between $1.5 million and $2.5 million in incentives. Vickery said no incentives are needed for the rear parcel and there is an ample building envelop without asked for a setback variance. Regular Meetin¢ Aspen City Council May 11, 2009 Dan McCarty, 333 Hopkins street, quoted from Lisa Purdy's report which he entered into the record. McCarty quoted that a duplex in this zone requires a 15,000 square foot minimum lot. The duplex would be on a lot about 1/3 smaller. McCarty noted this multiple variance requests points out how difficult it is to fit another structure on this site. McCarty said the request for variances is based on the fact that the proposed project is exemplary. McCarty asked what makes this project exemplary; the applicant has requested this project not be subject to design review. McCarty suggested Council delay consideration of this project until the newly elected Council can be educated on this process and until HPC has ruled on whether they want to accept this project. Mayor Ireland asked when in the process does this property get designated exceptional or worthy of preservation. Ms. Guthrie said HPC makes a formal recommendation to Council and Council makes the final decision. HPC has a meeting on this project May 13`" and HPC does have criteria for designation. Mayor Ireland asked if designation is independent of the package of incentives and is this premature if HPC has not made a final determination. Ms. Guthrie said through the process, HPC was asked to hold a meeting to discuss the value of the building. HPC took a unanimous vote to recommend this is worthy of negotiation to landmark the site. HPC will hold a public hearing on Wednesday in order to make a formal recommendation to Council David Bentley, resident across the alley, showed pictures of the alley. Bentley said the snow plows have to go into this alley and claw the snow out backwards. Bentley said when the snow is bad, the fire department will have drag their hoses 150' down the alley. Mayor Ireland requested an evaluation from staff about snow removal and fire access for second reading. Mayor Ireland moved to amend this ordinance deleting the paragraph pertaining to the waiver of affordable housing fees; seconded by Councilwoman Kasabach. Councilman Romero stated he has reservations on this application but is not ready to approve any amendments affecting the equation of the negotiations. Council has not had a chance to evaluate all the plusses and minuses and total trade offs. Roll call vote; Councilmembers Kasabach, yes; Skadron, no; Romero, no; Johnson, no; Mayor Ireland, yes. Motion NOT carved. Roll call vote; Councilmembers Johnson, yes; Romero, yes; Skadron, yes; Kasabach, yes; Mayor Ireland, yes. Motion carved. Councilwoman Kasabach said a site visit, including Council-elect, would be helpful. ORDINANCE #9, SERIES OF 2009 -Supplemental Appropriation Don Taylor, finance director, told Council this ordinance amends the 2009 budget making amendments to the budget. Taylor noted as the first supplemental of the year, Regular Meeting Aspen City Council May 11, 2009 there are a number of technical adjustments. Exhibit A explains what is in the appropriation; B explains the $1,658,000 in new requests; C explains the appropriation for central and department savings; D outlines the carry forward, the largest part of this appropriation. Taylor said carry forwards are typically projects started in 2008 and not completed by the end of the year and which need to be appropriated again. Attachment G outlines the budget cuts staff and Council approved earlier this year. There are technical adjustments and interfund transfers totalling $3,342,000 reduction. Taylor reminded Council they had questions at first reading; the questions are summarized and answers to each question included in the packet. Councilman Romero said he appreciated the answers and the context of requests. Councilman Romero noted all these requests are not as threatening as they would appear at first review. Councilman Romero said the AMP fund, the streets department will rebid the asphalt overlay project, 2008 and 2009, which should save money. Councilman Romero requested a presentation on the ARC mechanical retrofit project. Councilman Romero asked about pedestrian improvements for safety on Main street project, not the streetscape project. Councilman Romero stated he would support pedestrian safety improvements. Taylor said this budget includes pedestrian safety improvements. Councilman Romero said Council asked for a perspective on a percentage basis of the total new requests as a percentage of the annual budget compared to the last 5 years. Councilman Romero stated the trend line is that budget variances have been reducing over the last 3 years. The overall size of the budget has been kept in check. Councilman Romero brought up the $400,000 water line for Maroon Creek. Phil Overeynder, water department, said the project will not be constructed this year given the competition of resources to Maroon Creek hydroplant. Overeynder recommended this only proceed with engineering in 2009, which will cost about $30,000 and construction will take place in 2010. Mayor Ireland said if the streets department re-bids the street overlay projects and there are savings, he would like staff to come back and propose a larger scope of projects. Tim Anderson, recreation department, told Council the mechanical retrofit to the ARC was $1,165,000 and there is a balance remaining of $111,356. Anderson told Council staff is negotiating with the contractor to close the project and staff will finish the project in-house. Anderson said there is a firm doing performance engineering; the system is operating and reducing the energy consumption by 28%. The outstanding elements are final controls, motion detectors and lighting elements in the pool area. Councilman Romero moved to adopt Ordinance #9, Series of 2009, on second reading; seconded by Councilman Johnson. Mayor Ireland opened the public hearing. Re¢ular Meetin¢ Aspen Citv Council May 11, 2009 Toni Kronberg asked about the pool lighting. The lighting in the pool needs to be reviewed; it is difficult to see underwater and there aze shadows on the pool in the competitive azea. Anderson said the lighting improvements will address the competitive pool. Mayor Ireland closed the public hearing. Roll call vote; Councilmembers Skadron, yes; Romero, yes; Kasabach, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #11, SERIES OF 2009 -Adoption of International Energy Code Stephen Kanipe, building department, told Council the 2009 International Energy Conservation Code equals the Aspen/Pitkin Energy Conservation code. Kanipe said the renewable energy code has been expanded, at Council's request, to include exterior commercial snowmelt, pool and spa installations. The payment option has been adjusted for real outdoor energy use. Kanipe noted that photovoltaic installations have been incentivized because those systems are easily installed with little maintenance. Kanipe noted that ground source heat pumps require 1 Kwh of electric energy in for every 3 Kwh one receives; efficient but not renewable. Kanipe told Council there was a meeting for peer review and some good things came out of that meeting. One suggestion was to include micro hydro and wind generation on site. The ordinance has been amended to include "Micro hydro and wind generation systems will be credited according to industry standard site specific reduction reports". Kanipe said another item from the peer review group was on site photovoltaic systems are dependent on federal, state and local tax credits and rebate programs. Some of these are set to expire. Kanipe said when programs expire, staff will bring back to Council impacts for on site renewable credit piece. Councilman Skadron said the Aspen Pitkin Energy Code has kept Aspen at the forefront of energy conservation and that code has exceeded the IECC until this revision. Councilman Skadron asked if this excludes the cap on exterior energy use and efficient building program. Councilman Skadron asked if builders will follow an efficient building program if it is not mandated. Kanipe told Council one of the issues from the peer review meeting is that efficient building is now part of contractor's standard procedures; it is what is demanded by the public. Councilman Skadron asked if the city's standards are being loosened. Kanipe said not in the field of energy. Kanipe said the city has been successful in instructing the community about the importance of green building. Councilman Skadron said this has been dropped from the code. Kanipe said he does not anticipate builders going back to non energy efficient and green building. Mayor Ireland suggested a report back in a year to see if there is back sliding based on market conditions. Council agreed. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Regular Meeting Aspen Citv Council Mav 11, 2009 Councilman Skadron moved to adopt Ordinance #11, Series of 2009, on second reading as amended; seconded by Councilman Romero. Roll call vote; Councilmembers Romero, yes; Kasabach, yes; Johnson, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #3, SERIES OF 2009 -Aspen Valley Hospital Conceptual PUD Mayor Ireland noted there have been several public hearings and Council and the applicant have addressed a number of issues. This is a multiple phased plan and the details will be presented for final review. Chris Bendon, community development department, said conceptual PUD approval allows an applicant to proceed to final, stating the city is okay with the concept and okay going to the next step. Bendon stated there will be multiple final reviews for each phase. Bendon said Resolution #3 contains exhibits A and B; A has all the maps, drawings of the proposal, site plan, phasing, architectural character, all of which have been revised to reflect the amendments during this process. Exhibit B is a summary of the expectations for employee generation. Section 2(c) in the resolution is the employee generation mitigation for the master plan, which allows the applicant to use the mixed use zone district to determine the employee generation needs, summarizes the credit of existing affordable housing and which is applied to the phases as they are presented. The resolution addresses drainage and snow storage; there is will work to be done and it will happen in phase II, final design and implementation of the drainage and snow storage. The RFTA bus stop needs work, which will also happen in phase II. There is reworking of the trail improvements in phase II. Additional exploration of the crossing of Castle Creek will be combined with how the city owned 488 Castle Creek property will be used. There will be a discussion of the applicant's share of the cost. Item (i) of the resolution discusses the impacts on the roundabout and on the Cemetery Lane intersection and a proportional share of the cost to these improvements will be the applicant's. Nothing has been proposed for these two intersections; if one is proposed, the applicant has an obligation to contribute. Bendon noted there is a requirement for a transportation demand management program; it will be live and will be reviewed once a year and at each phase of the development. Section 3 allows the applicant to proceed to final and recognizes there is a 20 year build out for the master plan. Section 4 outlines the technical requirements the city needs during these phases. Section 5 outlines the impact fees and which apply to the hospital facilities. Bendon entered two letters into the record; one from Bob Purvis and Allen Nelson Councilman Johnson moved to approve Resolution #3, Series of 2009; seconded by Mayor Ireland. Mayor Ireland opened the public hearing. 10 Regular Meeting Aspen Citv Council May 11, 2009 Toni Kronberg said these approvals will bind future Council; 20 years is a long time out. Ms. Kronberg said many things can happen in that 20 years. Ms. Kronberg said in Section 2, the city is being asked to approve overall building height, mass, size, uses, architecture and site design. Ms. Kronberg said there is no outline of the uses; why this master plan is needed, what the uses are, and what is in the 4 phases. The square footage is not referred to in the resolution. Ms. Kronberg said she hopes there will be a warm water therapy pool as part of the hospital build out. Junee Kirk said there is concern in the community about this expansion because of the trends and she cannot see the needs of medical offices on site. These offices impact the roundabout more than other uses. Ms. Kirk said she feels this facility would be better located down valley. The impacts on Castle Creek seem ill thought out and massive. Mayor Ireland closed the public hearing. Mayor Ireland noted the resolution states approval of this conceptual development plan shall not constitute final approval or permission to proceed with any aspect of the development. Mayor Ireland said there are details about traffic and parking that have not been settled. Councilman Skadron asked how Council can agree to an application that anticipates a build out of 20 years and binds future Councils. Bendon said technically conceptual approval only allows an applicant to apply for final review and does not guarantee there might not be stumbling blocks they cannot overcome. Bendon noted that adopting this resolution, Council is indicating they are okay with the larger master plan and will require the smaller pieces. Council can state they are not satisfied with certain aspects. This will not bind future Councils. Councilwoman Kasabach said the medical offices on site concern her as those will generate more traffic than the hospital itself. All in favor, motion carried. ORDINANCE #8, SERIES OF 2009 -Jewish Community Center SPA Amendment Chris Bendon, community development department, reminded Council this is a request to amend the SPA approvals for lot 5 Stillwater Ranch subdivision. The property is the Silver Lining Ranch and the request is to allow the Jewish Community Center to locate there. The proposal asks for very few physical changes to the existing building, some modification of the interior and building an affordable housing cabin, changing the vehicle access and parking on site. Bendon said at the last public hearing, there was a question of what is a special event. The applicant has submitted a detailed 2010 schedule of events as an example. There are both religious and secular events. Bendon noted Council asked for analysis by the city's transportation department, which is included as exhibit J. The applicant will present a proposed transportation demand management program in more detail. Council asked for the applicant's transportation expert to comment on the Fox Higgins traffic report, which is included as exhibit K. Council had questions on plowing and policing of Ute Avenue. Comments from Street Superintendent Jerry Nye are included in the memorandum and he states there are no 11 Re¢ular Meetin¢ Aspen City Couneil May 11, 2009 physical deficiencies and additional snow removal can be accommodated. Police Chief Richard Pryor commented on enforcement; there are speeders along Ute avenue and this is a difficult area to enforce because of lack of space for radar stations. Neither Nye nor Pryor favor on-street parking in this area. Bendon said Council asked if there are other restrictions on other religious institutions in the community. The land use approvals for these facilities are enumerated in the memo. Bendon said staff looked at both physical limitations, like FAR and setbacks, and operational limitations on schedule or services. Bendon said physical limitations are common; operational limitations have not been implemented. There are operational limitations on the Jewish Community Center on Main street on the social hall and pre- school. Bendon presented more letters from the public received after the packet was produced. Bendon said there was a brochure with some misleading traffic information. The brochure states an increase in traffic of 1400% using 45,000 cazs to 85,000 cars on Ute Avenue, which is not accurate. Bendon stated there is an increase in projected trips of 125 to 140 trips/day in addition to the 1500 trips already on Ute Avenue. The projected increase is 10% or less. Bendon said there was an e-mail with a list of uses that are not proposed for the site, like ballroom, sit down and take out restaurant. Bendon stated this proposal meets all the standards of review in the ]and use code including compliance with the Aspen Area Community Plan and recommends approval with conditions. Mayor Ireland noted a compromise in transportation between the applicant's proposed once a year traffic analysis and the city proposed twice a yeaz traffic auditing. Richman said the city is asking fora 2 week twice a year audit during peak season and the applicant is suggesting once a year for a week and 3 quarterly updates. Mayor Ireland suggested Council adopt the city's recommendation for 3 years and if there is not a problem, this would revert to the applicant's proposal and if there is a traffic issue, the applicants will have to return to the city with a way to meet the traffic goal. Mayor Ireland said a lot of the neighbor's concerns regard traffic on Ute Avenue. Mayor Ireland noted public parking will not be allowed on Ute Avenue and this will not be a spill over parking site. Mayor Ireland moved to adopt Ordinance #8, Series of 2009, amending it to incorporate staffls recommendation on traffic auditing; second by Councilman Romero. Mayor Ireland opened the public hearing. Toni ICronberg said the zoning is appropriate for this area. Ms. Kronberg said the Silver Lining Ranch is a beautiful piece of property and this application would be a great use for that property. Ms. Kronberg agreed there are traffic concerns in this area and she recommended in addition to the TDM measure to have small golf cart type shuttles. Stephen Rilko, traffic engineer, told Council he read all the consultant's reports, and the city's transportation department and visited the site. Rifko said the city's transportation recommendation is a good one. Riflco said the FHO analysis was comprehensive and 12 Regular Meeting Aspen Citv Council May 11, 2009 addresses all uses on site. Riflco said the applicant's traffic counts and assignment were very detailed. Rifko said the recommendations for mitigation are reasonable and implementable. ltilko said the Fox Higgins report did not have the same depth of analysis nor did it address the unique aspects of this Jewish Center. Rilko said adopting a monitoring program protects the city's interests in the future. John Corcoran, general manager Aspen Alps, asked what happens after 3 yeazs with the twice/year audit; does this go back to P&Z; what authority does P&Z have. Corcoran agreed not placing limits on the frequency of religious events. Cochran said he feels the transportation department management under estimates the amount of driving that will occur to this site. Bendon said P&Z could discuss the TDM strategies that have been successful and those not successful and explore additional measures to put in place. P&Z could add additional restrictions or revamp the TDM program. Scott Kasin told Council he and his family attend services at the Chabad and it is a relatively small congregation. Kasin said his family is used to taking the shuttle into town. Tom Reagan said Silver Lining Ranch was limited to 20 ill children for 14 one- week sessions/yeaz. Reagan said that is different proposal from multiple uses 365 days/year. Reagan said there is not a comparison with something used 14 weeks/year with a use 365 days/year and which needs to be annualized. Reagan said Silver Lining has 3,000 vehicle trips/year compared to 45,000 vehicle trips/year. This is a 14 times larger use. Reagan presented photographs of Ute avenue when it is snow covered. Reagan said Ute avenue has the 5`h most complaints about speeding. Reagan said the private covenants on the Stillwater ranch subdivision do not allow the proposed use. Reagan noted this point was made at the rezoning application before Council in 2007 and stated the SPA did not allow another institution to use this property; the private covenants did not allow it. Mayor Ireland asked when the covenants were adopted. Reagan said in 1994 when the property was conveyed to Silver Lining. Reagan said the covenants were amended in December 2008 to give lot 5 the opportunity to revert back to single family residence. Cynthia DeFrancia said the proposal states if people do not use the shuttle service for the pre-school, they would be penalized. Ms. DeFrancia asked what this penalty will be; this should be specified so people know it is serious. Ms. DeFrancia said she would also like to know how parking and traffic for special events will be enforced. Mayor Ireland said parking on Ute avenue should be enforced regardless of this outcome of this application. Richman noted that the applicant has agreed to assign a staff person for every special event to staff the gate to insure that only event hosts and people working the event be allowed on site. Ms. DeFrancia said this azea was meant to be a quiet residential neighborhood that is now being commercialized between this application and the Aspen Club, which is not what the zoning calls for. Ron Rader asked for a show of hands of people in the room who support the application. Patsy Karkoulis asked how the traffic on Ute Avenue can be enforced when the police department states there is not room for a police car on the street. Ms. Karkoulis asked if other operations with shuttle for day care have been looked at. Ms. Karkoulis asked 13 Regular Meeting Aspen City Council May 11 2009 where shuttles for special events will start from. Richman said the shuttle for pre-school will start at Koch park. The shuttles for special events will start at the city's parking garage and will pick up at larger hotels in Aspen. Richman reiterated in the TDM, the applicant is committing to the number oftrips/day at 125, number of trips/Friday 140 and the commitment that shuttles will be used for special events. The applicant has committed to monitoring this twice a year during peak periods. Chuck Bellock said 30 years ago when the Aspen Club received its original approval, Council required access off highway 82, not Ute Avenue. When Chabad received approval for their community center on Main street, their traffic experts estimated their parking demands as 50 pazking spaces for preschool, 40 parking space for Friday services and 98 spaces for special events. The same traffic experts are now saying their will be no traffic generated by this use. Bellock said traffic is a safety issue and fora "for profit" use the city would allow not the applicant to create their own demand assumptions; one cannot rely on a traffic engineer who now contradicts their own report. Bellock noted this applicant will be allowed "self-monitoring" and asked what the city will do if the applicant exceeds their allowed use and if the applicant finds shuttles for pre-school do not work. Bellock said the Stillwater homeowners are opposed to a use that is prohibited by their covenants, that is more intense than was conceived of for the site, and that is wrong for the location. Mayor Ireland noted there was an independent review of the traffic analysis by city staff, which does not have an interest in the application. The other check is there are performance standazds and there are consequences. Bill Krimmer stated traffic is a concern; it should be a city and community concern to help residents on Ute avenue and to help fix the problem. Krimmel asked how the kids on Ute avenue will be safe. Krimmel said another issue is how much children can be taught being on this site at the Silver Lining Ranch. Susan Welch, Ute Avenue, agreed the Silver Lining ranch site is very nice. Ms. Welch told Council sometimes in the winter Ute avenue becomes so narrow the cross-town shuttle cannot get through. Ms. Welch suggested the parking be eliminated all the way to the stop sign. Ms. Welch said two of the worse intersections are Ute and Original and Original and Durant. Phyllis Bronson told Council she has rejoined the Jewish congregation due to Rabbi Mintz, who is inclusive to the community. Ms. Bronson said day care is sorely needed in this community and this day care will be inclusive, non-denominational and affordable. Ms. Bronson said there is an adequate, re-usable building on this site. Ms. Bronson said this congregation should not be treated any differently than any other congregation in the community. Mayor Ireland closed the public hearing. Councilman Johnson moved to suspend the rules and extend the meeting to 9:30 p.m.; seconded by Mayor Ireland. All in favor, motion carried. Councilwoman Kasabach said this is a great reuse of an existing facility. Councilwoman Kasabach said she worked for 25 years on Ute Avenue and traffic is a large concern; 14 Regular Meeting Aspen City Council MaV 11, 2009 however, this cannot be solved just by this applicant. Councilwoman Kasabach said the city needs to do something about Ute Avenue; it is too narrow, drivers speed down the street. Ute avenue does not get the attention of other city streets because it is off the beaten path. Mayor Ireland agreed Ute avenue needs attention. Mayor Ireland said if the street is widened, drivers will go faster. Staff should review what can be done about this street. Councilman Romero said his neighborhood on the west side of town and with a church at the end, and the improvements on Cemetery Lane helped to address some of the same traffic concerns, like safety and speeding. Councilman Romero said he is willing to support the traffic demand management plan as long as the applicant will support the amendment for audit twice a year. Councilman Romero said he feels this is a ideal match of uses and resources. When the Silver Lining ranch was previously before Council, Council's statement was to use the site more in keeping with the original intent, the zoning was academic, the SPA overlay was to provide education and public access. This application lines up with academic and SPA. Councilman Romero noted zoning ordinances and private covenants operate independently of one another. Councilman Romero said the fact there are private covenants does not mean that public zoning ordinances are superseded and are not in effect; they operate separately. Councilman Romero said Council should not lose site of the public interests embodied in the land use code. Councilman Romero said he can support this application and appreciates the comprehensive approach to the analysis. Councilman Skadron said the city's recommendation and evaluation of the traffic are accurate and sufficient and it address the demands of traffic on site regarding the property's approved uses under the SPA. Councilman Skadron said this proposal meets the requirements of the underlying academic zone district and meets the goals of the AACP by encouraging arts, culture and education. Councilman Skadron said he feels this meets the GMQS criteria, specifically relating to essential public facility. Mayor Ireland said the limitation on the number of parking spaces is key to limiting traffic. Mayor Ireland said the city will look at Ute avenue more comprehensively. Bendon noted Council asked for changes to the transportation demand management program. Page 150 of the packet, item 6, will be amended to say, "Twice a year, the JCC will conduct independent audit of the traffic to the site, one in March and once in July". Bendon said this will be done bi-annually and will incorporate the city's report describing that. Roll call vote; Councilmembers Johnson, yes; Romero, yes; Skadron, yes; Kasabach, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #SO, SERIES OF 2009 - Disconnection of Territory South of the Airport Mayor Ireland opened the public hearing. 15 Regular Meetin¢ Aspen City Council May 11 2009 John Worcester, city attorney, pointed out the property proposed to be disconnected from the city has been changed to eliminate that portion of highway 82. The city wants to retain control over the highway 82 intersection. Worcester told Council staff met with county staff who has agreed to maintain control over the trail. Mayor Ireland closed the pubic hearing. Mayor Ireland moved to adopt Ordinance #10, Series of 2009, on second reading; seconded by Councilman Skadron. Roll call vote; Councilmembers Skadron, yes; Romero, yes; Kasabach, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. Councilman Johnson moved to adjourn at 9:10 p.m.; seconded by Councilman Romero. All in favor, motion carried. /~ / Kat S. Koch, City Clerk 16