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HomeMy WebLinkAboutminutes.council.20100510Regular Meetin¢ Aspen Citv Council Mav 10, 2010 PROCLAMATION - Month of the Young Child ............................................................ .. 2 PROCLAMATION -Arbor Day ...................................................................................... .. ~ CITIZEN PARTICIPATION ............................................................................................ .. COUNCILMEMBER COMMENTS .............................................:.................................. .. 3 CONSENT CALENDAR ................................................................................................. .. 4 • Resolution #35, Series of 2010 - 910 W. Hallam Remodel contract ................... .. 4 • Minutes - Apri126, 2010 ...................................................................................... .. 4 ORDINANCE #12, SERIES OF 2010 -Aspen Valley Hospital Master Plan Phase 2 Final PUD ......................................................................................................................... .. 4 ORDINANCE #29, SERIES OF 2009 - 211 W. Hopkins Ordinance 48 Negotiation..... .. 5 ORDINANCE #11, SERIES OF 2010 - 726 W. Francis Crossroads Church Essential y ................................................................................................................... Public Facilit .. 6 ORDINANCE #2, SERIES OF 2010 -Aspen Club Final SPA/PUD .............................. .. 8 1 Regular Meeting Aspen City Council Mav 10.2010 Mayor Ireland called the meeting to order at 5:10 p.m. with Councilmembers Johnson, Skadron, Tone and Romero present. PROCLAMATION - Month of the Young Child Mayor Ireland and Council proclaimed May as Month of the Young child and urged citizens to join in the National Association of Education for Young Children in celebrating Aspen's youngest citizens. Shirley Ritter, Kids First, reminded everyone of the kids' parade Friday May 215` at 10 .m. and invited everyone to bring children, and come and wave at the children. PROCLAMATION -Arbor Day Mayor Ireland and Council proclaimed May 15`h as Arbor Day in the city of Aspen and urged citizens to support the city's efforts to care for Aspen's trees and woodlands. CITIZEN PARTICIPATION 1. Roine St. Andre reminded Council the city needs to look at the bigger picture and consequences of action. Ms. St. Andre said the city recently decided to spray fruit trees in the downtown azea. Ms. St. Andre said this action could eliminate bees in the area and bees are already scarce. Ms. St. Andre noted more licenses to hunt bears will be issued this yeaz, which may help with the bear population. Ms. St. Andre said she hopes the city keeps the recycle center open. Mayor Ireland said Council will take into consideration spraying of fruit trees and hear from staff about that. Mayor Ireland said there is a public safety issue with bears. Mayor Ireland suggested Ms. St. Andre talk to the BOCC about the recycle center. Mayor Ireland said Obermeyer agreed in return for leasing city property to put $375,000 toward the recycle center. This money is not missing and Obermeyer is going to document the expenditures and what money is left. 2. Mary Janss asked that the city more vigorously enforce the ordinance against gas leaf blowers. Ms. Janss suggested the landscape companies be informed about this ordinance before too faz into the summer. 3. Laurie Dodd and Scott Kirkwood, Burlingame residents, told Council their unit at Burlingame has been classified expandable and they are requesting Council approval to change the status of their unit from atwo-bedroom to athree-bedroom so they can add the improvement costs to the equity in their home. Ms. Dodd said under the 10% improvement cap, they can recoup $27,000; however, the bid for the proposed work is $62,000 at $119/square foot. Ms. Dodd told Council they have 400 squaze feet of unfinished space on the second level of their single level unit. Ms. Dodd said there is no way to access this space without using a ladder. Ms. Dodd said the plans for this unit were changed during construction resulting in unlivable space. Ms. Dodd said their unit has much potential if they can make use of the space. Re ular Meetin¢ Aspen City Council MaY 10, 2010 Ms. Dodd told Council the recommendation from Poss architects includes adding a stairway to access this space, which will be another bedroom and a bathroom. Ms. Dodd noted this will increase the square footage of their unit 41 %. Ms. Dodd told Council they went first to the Housing board who told them to come to City Council. Mayor Ireland requested staff look into this to see if Council can authorize it. Mayor Ireland said making existing space into livable space is not a bad idea; this was the thinking behind expandable units at Burlingame. Kirkwood told Council this would re-categorize a unit, which APCHA cannot do. Ms. Dodd said APCHA suggested changing the category to a three-bedroom rather than changing it to a category 5. 4. Andrew Kole requested $10,000 to pay for entertainment on the mall for children. This is a 9 or 10 week program including clowns, jugglers, face painting and mimes. Mayor Ireland said Council needs information on what was paid last year; who did what, who was paid; the city spent money and what did the funds get the city; what were the actual outcomes. Kole told Council he is not asking for money for musicians. Kole asked Council to look into free parking for the remainder of the off season. Kole said he would be interested to see if it helps businesses. Kole said he is disappointed the fire marshal turned down an outside dining request for the center aisle of the Cooper Avenue mall. Councilman Romero requested Kole come to the fire district board meeting this week to discuss this issue. 5. Ann Rector told Council the neighbors feel they have been ignored on the issues they have brought up about Triangle Park. Ms. Rector said there is no problem with the playground; all the neighbors enjoy Triangle park. Promises were made that the screening between the playground and the open area would be replaced, and city staff proposes two fir trees. Staff said they would keep the play area the same size; it is 25% bigger and 23" higher. Ms. Rector questioned whether a maximum play area is necessary. Ms. Rector said everyone trusted the parks department to come up with an appealing design. Ms. Rector noted the yellow brick is very close and is a better location for kids to play. The design process has cost the city $1,000 so far; Ms. Rector said she would come up with $1,000 for them to come up with another idea. Ms. Rector said the parks department wants to remove the dogwoods along Second Street in order to open up the street for easier access to the playground. Ms. Rector said the homeowners like the park the way it is and the plantings that protect the homeowners' privacy. Councilman Romero said he would like to hear from staff on this issue. Councilman Romero asked how far this is in the process. Randy Ready, assistant city manager, told Council this work is budgeted for this year; Council has reviewed this as part of the budget process last fall. Councilman Romero said he does not want to interrupt process but would like to review this again. Mayor Ireland noted at some point the public process has to stop and there is finality about decisions. Mayor Ireland said Council will schedule this issue on a work session agenda. COUNCILMEMBER COMMENTS Regular Meetine Aspen City Council Mav 10, 2010 1. Councilman Romero thanked the Aspen Education Foundation and the community for the fund raiser held last week. The funds will be used to offset the upcoming deficit in education. Over 500 people attended the event at the St. Regis and it speaks about Aspen's values around education. 2. Councilman Romero reminded everyone high school graduation is May 29`h at the music tent. 3. Councilman Romero congratulated Stone Davis, Pam Cunningham and Tom Clapper for being re-elected to the fire district board. 4. Councilman Skadron said he has just returned from travels in Africa and is glad to be back in Aspen. 5. Mayor Ireland said he met with the regional supervisor for the census and anyone who has not been counted can contact the Mayor who will forward to the census bureau a map and contact information. Every person who is counted in Pitkin County adds $8800/year for various programs. 6. Mayor Ireland announced that Resolution #34, Brush Creek Park-n-Ride lease has been deleted. CONSENT CALENDAR Councilman Torre moved to approve the consent calendar as amended; seconded by Councilman Johnson. The consent calendar is • Resolution #35, Series of 2010 - 910 W. Hallam Remodel contract • Minutes - Apri126, 2010 All in favor, motion carried. ORDINANCE #12, SERIES OF 2010 -Aspen Valley Hospital Master Plan Phase 2 Final PUD Councilman Tone moved to read Ordinance #12, Series of 2010; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE N0. 12 (SERIES OF 2010) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW, SUBDIVISION, AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP AND FINAL PLANNED UNIT DEVELOPMENT FOR PHASE II OF THE ASPEN VALLEY HOSPITAL DISTRICT FACILITIES MASTER PLAN, LOCATED ON PARCEL C, ASPEN VALLEY HOSPITAL 4 Reeular Meeting Aspen Citv Council Mav 10, 2010 DISTRICT SUBDIVISION, COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Jennifer Phelan, community development department, told Council this is the final PUD for the redevelopment and expansion of the hospital. The site is 18 acres. Ms. Phelan noted conceptual approval for the entire plan was granted in 2009. The redevelopment is proposed at 4 phases and each phase is required to receive final approval. This phase includes extensive site work, expansion of the hospital, development of medical office space, a parking garage and 22 affordable housing units on site. Ms. Phelan told Council she will work with the applicant to make sure all the development numbers are consistent for the public hearing. Councilman Skadron said there were two dissenting votes at P&Z and he would like to know more about the discussion. Councilman Skadron said he would like to know about the outreach and how the concerns of Meadowood are being addressed. Councilman Johnson said he would like more information on the recommended affordable housing, that they are studio and one-bedroom units only. Councilman Johnson said he would like to know about the units that they are livable, and what the screening entails. Councilman Johnson requested information on why the applicant is requesting waiver of impact fees. Mayor Ireland requested a presentation on how the expansion will impact cost on users of the hospital as well as eligibility of Medicare and Medicaid patients. Mayor Ireland noted neighbors raise issues about noise from machinery and generators. Council has been told this will be quieter after expansion and Mayor Ireland would like this addressed at the public hearing. Mayor Ireland said there are claims that the hospital intends to ask for a mil levy tax increase to pay for this expansion; Council needs to know how this will be paid for and if this will impact access and cost. Councilman Romero moved to adopt Ordinance #12, Series of 2010, on first reading; seconded by Councilman Skadron. Roll call vote; Torre, yes; Johnson, yes; Romero, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #29, SERIES OF 2009 - 211 W. Hopkins Ordinance 48 Negotiation Sara Adams, community development department, told Council this is a pan abode, a manufactured log kit home built in 1956. The owner submitted a demolition permit, which triggered this process. Ms. Adams told Council this is the 4"' demolition permit applied for on this property. Ms. Adams noted staff and HPC agree this is the best example of pan abode ]og kit in Aspen. HPC voted unanimously that Council pursue all avenues to avoid demolition and to protect this property. The owners have requested a 10 year vesting and have agreed to conditions no demolition of the first 3 years of the 10 year vesting as long as the executor of the partnership is alive; a 90 days negotiation will commence before the demolition permit is issued. After the expiration of the 10 year vesting or the expiration of the demolition permit, the city is authorized to commence Reeular Meeting Aspen Citv Council Mav 10, 2010 landmark designation for the property. If landmark designation does happen, the property will be eligible for the incentives in place today. John Kelly, representing the applicants, told Council the reason for this request is that the applicants do not know what the law will be. The applicants do not desire to tear down this building. Councilman Romero moved to adopt Ordinance #29, Series of 2009, on second reading; seconded by Councilman Skadron. Ms. Adams said she is hopeful something can be worked out for this property. Kelly told Council the negotiation period for this property runs out this month and no one knows what the new legislation will be. The historic preservation task force worked for 17 months and Council will not address legislation until later in the year. Councilman Johnson asked if the city has done this for other properties. Ms. Adams said the city has done 10 year vesting on other properties; however, none of them have had the excellence of the style this building represents. Ms. Adams told Council 2 of the 3 properties have resulted in demolition. Councilman Torre agreed the HP program is in flux and he will support a 10-year vesting; however, this precedent should not have been set and 10 years is too long and he will not support that in the future. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Torre, yes; Johnson, yes; Skadron, yes; Romero, yes; Mayor Ireland, yes. Motion tamed. ORDINANCE #11, SERIES OF 2010 - 726 W. Francis Crossroads Church Essential Public Facility Drew Alexander, community development department, noted this is growth management review for an essential public facility. This project has been reviewed by P&Z; they recommended in favor of an essential public facility. The proposal is fora 3,000 square foot addition to the existing Church to provide offices and classroom space for the 7 full and part-time employees. The addition will be on the second floor; there will be a redesign of the lower level of the Church. Alexander said the entrance is being re-located from Francis street to Seventh. The changes are to add and ADA ramp and to improve the lobby. The sanctuary will be expanded by 80 seats, bringing the total to 240. Alexander noted that the applicant has little control over the membership of the congregation; churches grow and lose members over time. Alexander said the traffic increase was discussed and there is a traffic analysis in Council's packet. The analysis was done during X-games when town and the Church were busy. The analysis indicates there maybe more traffic; however, the surrounding neighborhood is able to absorb the added vehicles. Alexander told Council the definition of an essential public facility is one which serves an essential public purpose, is available Regular Meetin¢ Aspen City Council Mav 10, 2010 for use by the general public and serves the needs of the community. Alexander said staff feels the church meets this definition; it reaches out to the community and offers space for community events. Alexander recommended approval of the essential public facility with the condition that an employee audit be completed within one year after the issuance of a c/o. Alexander said the methodology and who will do the audit will be established with the applicant and community development department. Alexander noted prior to the building permit, a baseline will be established on the current number of employees that can be compared to the employee audit. Councilman Skadron asked about not meeting the combined yard the setbacks and is this because the property is already non-conforming. John Columbus, representing the applicant, told Council the property is currently non-conforming for the combined side yard setback. The addition on the second level meets the rear-yard and front yard but to meet the combined side yard setback 19 feet would have to be eliminated. Columbus showed the plans of the current sanctuary and to where the building would be pulled back in order to meet the combined side yard setback. Columbus showed the upper level expansion from the Seventh street side. Columbus showed the current entrance, offices and where the bottleneck is, trying to take the existing footprint and blend it into the expansion. Councilman Skadron asked how the employee audit will be initiated. Alexander said approvals associated with projects are part of the building permit process. Councilman Skadron asked if the applicants would be in a position to meet the in-lieu payment if they fail to satisfy the audit. Columbus said they hope not to have to make a payment in-lieu. Councilman Skadron agreed the Crossroads church is a community asset. Councilman Romero asked about the public outreach for this expansion. Columbus told Council this church has been in this neighborhood since 1964. Columbus said during high season, 475 people attend this church. Columbus said the church needs more space; they need to address non-compliance with ADA, and the increased sanctuary. Columbus told Council in the notice of the hearing before P&Z, the applicant invited neighbors to an open house. The applicants heard from 3 people, one neighbor across the alley with questions about the height. The other two were supportive. There were no comments at the P&Z. Neither staff nor the applicant received any inquiries about this posted public meeting. Columbus said Council had a question about the trees on the property and the applicants want the trees, which makes the front of the building "read" better. The applicants have met with parks, who have given suggestions and the objective is go keep trees on Francis and Seventh in tact. Columbus noted there are discussions between parks, who want the trees, and engineering, who want a sidewalk on Francis. This will be resolved at building permit stage. Columbus said if this is approved, the applicants will enter into a capital campaign and they will not begin construction without full funding. The Church has not decided whether to stay on premises and construct the church or to move out and do the 7 Regular Meeting Aspen Citv Council Mav 10, 2010 renovation. The choice affects the length of construction and maybe a 6 month time difference. Columbus noted the ordinance has a 3 year vested rights; the applicant would like longer because they have to raise the money. Columbus said he has discussed truck haul routes and construction trailer placement with the engineering department. Columbus said there are pazking opportunities, with the music festival, to be explored. Columbus said the church has been part of the fabric of the community and the applicants feel they meet the criteria for an essential public facility. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Torre said he would prefer to remain with 3 years vested rights. Applicants have the ability to request an extension of vested rights. Councilman Torre said situations change; neighbors deserve the assurance that projects will move forwazd. Mayor Ireland suggested an amendment that Council will consider an extension of vested rights, as they customarily extend vested rights for a good reason, and the inability to raise the capital would be a good reason. Councilmembers Johnson and Skadron said they could approve 5 years in this ordinance as an essential public facility. Columbus said the 3 year vested rights with language stating Council will support an extension would be amenable to the applicant. Mayor Ireland moved to adopt Ordinance #11, Series of 2010, on second reading; the vesting shall remain at 3 years with a sentence explaining it is Council's intention to entertain an extension of vested rights as necessary in the future to accommodate the capital campaign presented at that time by the applicant; seconded by Councilman Tone. Roll call vote; Skadron, yes; Romero, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #2. SERIES OF 2010 -Aspen Club Final SPA/PUD Mayor Ireland opened the public hearing. Susan Welch said she is concerned about the length of time residents along Ute avenue will have to put up with construction traffic needed to complete the Aspen Club and will all the trucks use Ute avenue. Ms. Welch noted there is a 14,000 square foot house on Ute avenue which has been under construction for 2 yeazs, unfinished, with two more structures to be built on that site. Ms. Welch asked what happens when projects are not completed. Joel Sax asked what the benefits to the community with little costs are. Sax said there is a ripple effect of a $30 million project, about $75 million circulating through the city. Sax noted there are $5 million worth of improvements proposed to the club, which will add $37,000 to the assessed value in property taxes. Sax said 20 timeshares will add about $200,000 annually in property taxes; the affordable units will add $24,000 annually in property taxes. Sax pointed out each resident adds $8800 from federal income. ReEUlar MeetinE Aspen City Council Mav 10, 2010 Alex Rabez supports this project as a Club user and as a small business owner. Rabez told Council between 20 and 30% of his business is from the Aspen Club's patrons. Rabez encouraged the affordable housing and upgrades to the Club. Rabbi Mendel Mintz reminded Council a yeaz ago, he received approval for a different use at the end of Ute avenue. Mintz said his application noted there would be an increase in traffic for uses at the end of Ute avenue. Mintz encouraged Council to support this. Karinjo Devore, 40 year resident on Ute avenue, told Council there have been many lazge construction projects on Ute avenue, many of whom have not been cooperative. Ms. Devore said she is satisfied with the promises of the Aspen Club and feels convinced that the mitigations will be good. Ms. Devore said this is the first time in 40 years an applicant has shown this kind of concern for the neighbors. Amanda Boxtel told Council she supports this project as a progressive landmazk development that is sustainable and combines holistic health, mind, and body. Ms. Boxtel said she applauds the applicant for being creative, trying to renovate a 30 year old facility and bring it to a world renown spa and health center. Ms. Boxtel said the Aspen Club employs over 200 people. Ms. Boxtel told Council the club has benefits for her, being able to stand in ananti-gravity machine. Ms. Boxtel said the owner of the club supports individuals in the community and the new development will help people live their dreams. Sam Ferguson noted the partnership between the club and Challenge Aspen competition team. Ferguson told Council 2 members declined an offer to join the US team to train here with Challenge Aspen. Ferguson said in these economic times, the applicant has great vision to try and become part of the overall destination resort. The applicant allows challenged athletes and athletes who come for the adaptive races to train at the Aspen Club. Junee Kirk said there has never been a proven process or master plan that time share in this neighborhood is needed. Ms. Kirk stated the current zoning does not allow time shares in this rural residential area. Ms. Kirk said it would not be responsible to allow time shares in a residential area to bail out the Aspen Club financially. It leaves people in other residential neighborhoods vulnerable. Ms. Kirk stated there is no guazantee that a future Council will not allow more traffic or a wider road. Bruce Fretz, Aspen Club townhouses, told Council their area will be the most directly be looking at and hearing the construction. Fretz noted his homeowner's association has raised no objections to this project. Fretz encouraged Council members to think about what happens if the club does not exist. Fretz said the aggregate number of trips to the club are mostly from local members and where will these people go if the Club does not exist. Many former members will travel down valley for a club; these members may eat and shop down valley eroding business in Aspen. Councilman Skadron asked why the Aspen Club townhouse owners have no objections. Fretz said the homeowners aze enthusiastic about the amenities coming to the club. The owners made presentations and had compelling arguments. 9 Regular Meeting Aspen City Council Mav 10, 2010 Warren Klug said he favors this application; the Aspen Club is an important part of the fabric and appeal of Aspen. Klug said he would like to see it improved and continued. Klug said Aspen needs more business; retailers and restaurants are struggling. Klug said this project will appeal to new people to come and spend time in Aspen all year round; this may attract new clientele. Klug pointed out there is a history of rental activity in this azea and replacing lost beds with more rental activity is a positive. Klug said the SPA designation allows for a project like the proposed one, if it makes sense. Klug said there are public benefits, non profit organizations that are linked with the club. Klug said no increase in traffic seems like an unreasonable requirement. Klug said this project fits the site, has a reasonably low impact and will be something Aspen can be proud of. Paul Copaken, 62 Ute Place, noted the goal in the applicant's TDM plan is to have zero growth in traffic levels on Ute avenue coming to Aspen Club as a result of this new project. Copaken said Council members have indicated their approval is contingent upon zero growth in traffic. That is what the neighbors are after, too. Copaken said the issues around that aze how is a baseline set, how is it monitored, who has the power to make changes, to encourage different mitigation if this should occur. Copaken said the previous method for Ute avenue were self-monitoring and self-changes to comply with the plan. Copaken suggested the ordinance is set up for one year to establish the base, two years to see if there is a problem. Copaken said there should be a separate entity with 3 neighbors, one Council, head of transportation and head of community development department who would be obligated to hire a traffic engineer to set the base line and to make the recommendation. Monitoring can be a traffic counter on a permanent basis. The difficult part will to have the group work with the applicant to make sure everyone's goal of zero traffic growth is met. Jeannette Darnauer summarized an e-mail from Suzanne Caskey, who is opposed to the project as it will change the character of the rural residential neighborhood and the chazacter of the town. Council should respect the land use code and the Aspen area community plan. Ms. Darnauer pointed out at the March 31st meeting, Council was clear in stating their expectations. Ms. Darnauer said she does not feel the applicant or the ordinance addresses these expectations. One issue was accessibility of club membership to locals; there is no definition of locals or standards. Ms. Darnauer pointed out the ordinance lists anticipated improvements with no commitments. Ms. Darnauer said at the March 31st meeting, the Mayor asked that the ownership of the LLC not be sold until the improvements are completed. The ordinance says that no c/o will be issued until all public improvements are completed and does not say the club cannot be sold after approvals are received. Council commented on the right to build single family be eliminated as a condition of approval; the ordinance eliminates that after a c/o is issued. Council said the parking spaces should be decreased; they are not. Council said there should be severe consequences if the baseline levels of traffic aze exceeded. Ms. Darnauer said paid parking and a shuttle are not severe consequences. Gary Nathanson, 1271 Ute Avenue, said they chose their home on Ute avenue because it is close to town and is a quiet residential street. Nathanson said he is opposed to a time share hotel, which is a violation of the zoning code and the size of the project and the 10 Regular Meeting Aspen Citv Council Mav 10, 2010 traffic strain it will put on the road. Nathanson said the proposed mitigation will not work. The increase of 32 units will generate more traffic than can be mitigated. Nathanson noted there has been little mention of service vehicles. Nathanson stated constant monitoring will be needed to keep traffic to a zero increase rather than 2 or 5 years. The traffic counter would need to be checked often with consequences if the conditions are exceeded. Nathanson pointed out the city code requires there must be an important need for change in use and that must be a great public benefit. Nathanson reminded everyone this is a private club and a commercial hotel. Bob Hoover, representing adjacent property owners, noted the mass and scale issues brought up by Council have not been addressed in this ordinance. Staff recommends two townhouse units be eliminated and that a better landscaping plan be submitted, and there be programming specificity. Hoover said he does not see these addressed in the amended ordinance. Hoover asked why the city is considering a time share hotel in a long term residential neighborhood. Hoover said the AACP specifies projects like this are better suited for the core. Hoover said his clients would like an answer on why the time share ordinance and AACP are not being followed. Hoover said accessibility to the club is another issue that has not been completely addressed. Hoover said the ordinance has a list of investments to the Club but there is not concrete promises on which ones will be completed. Hoover said maintenance of ownership throughout the project is too vague with no way to pin it down. Hoover pointed out that the underlying single family zoning is eliminated when a c/o is issued rather than on approval. Sarah Pletts said the Aspen Club is one place in the community that has taken on advanced health issues. The club provides something that is not available elsewhere in the community. The Club programming is open to the edge of aliveness and body, mind and spirit really happens there. Casey McConnell noted that the Aspen Club is a community asset, like the Aspen Valley Hospital and Crossroads Church. McConnell said the Aspen Club is a part of this community with 2,000 members. Marcia Goshorn noted almost al] the residences in this neighborhood were built after the Aspen Club, which has been there for 30 years. Ms. Goshorn said Council is abiding by the land use code in reviewing the SPA which allows Council to look at the community good. Ms. Goshorn noted tourists and family groups like to do things other than ski exclusively. Ms. Goshorn said SPAS are an emerging market in resort communities. Ms. Goshorn pointed out the neighbors across the river that are most directly affected by the mass and scale have no objections to the Aspen Club project. Robin Fox reiterated the Aspen Club has been on this site since the 1970's and is 77,000 square feet with 200 employees. The Benedict building with offices is next door; the Gant is down the street. There are things going on in this neighborhood; this is not a purely residential neighborhood. Ms. Fox said if this is approved, she hopes there are not so many conditions that it is not economically viable. Patrick Sagal pointed out there are 25 businesses in the Benedict building that have been there since 1975. Sagal said Council should continue to examine this plan thoroughly. The Aspen Club should continue to be a long term asset to the community. 11 Regular Meeting Aspen Citv Council Mav 10, 2010 Keith Goode, business owner, stated he supports this project. Besides being a Club member, there are over 200 employees at the Club and the dwindling employee base has made an impact on his business and 200 more employees losing their jobs will impact local businesses. Mike Marolt supports the project because of all the people who use the Club for therapy, training, and a place to find peace of mind. Marolt stated this is one of the few projects he has supported; the applicant is a legitimate business person, not a real estate developer. Mayor Ireland closed the public hearing Jessica Garrow, community development department, entered into the record exhibit Z-7 e-mails from Nikki Lapin, Bob Hoover, Tim Cooney, Alaina Dodds, Kristen Atkinson, Erin Robinson, Morgan Walsh, Amanda Peruse, and Suzanne Caskey. Ms. Garrow said this is the 5`h public hearing for the Aspen Club project. If this project is approved, the applicant will have to obtain final commercial design approval, which is a P&Z review. Ms. Garrow reminded Council at their last meeting, March 31s`, Council listed items the applicant was to address. The responses from the applicant are attached as exhibit Z-4. The first item was club accessibility. The applicant included language that if they did not meet a 50% local member threshold, they would provide free membership to city employees, which has been replaced with a requirement to maintain a 50% local membership and if they do not meet that, they will provide discounted memberships to non-profits. The second issue listed by Council was reinvestment in the club and the applicant has provided a detailed list of proposed improvements, which has been incorporated into the ordinance. The third issue was that the city will not issue a certificate of occupancy prior to the completion of the public improvements, which has been incorporated into the ordinance with a definition of those public improvements. The fourth issue is that the applicant, Michael Fox, should remain part of the project until c/o, which has been incorporated into the ordinance. The fifth issue regards financial assurances for the completion of the project and there are two sections in the ordinance addressing this. The first, site protection fund, section 27, allows the city to draw upon $100,000 which will be in an escrow fund, if there is a work stoppage of 60 or more days prior to the completion of the structural and frame permit. The second is the performance bond which is in Section 5 of the ordinance, and this bond will cover the cost of construction of public improvements as well as the entire project and guarantee must be provided to the city attorney and to the building department stating there are enough funds to complete the project prior to building permit issuance. The sixth issue is elimination of the right to build single family homes. Ms Garrow said staff does not think this is necessary in the ordinance as if the applicant wanted single family houses, a PUD amendment would be required and an SPA process if this ordinance is approved. Ms. Garrow noted the applicant agreed to incorporate this 12 Regular Meeting Aspen Citv Council May 10, 2010 condition in the ordinance, the ability to build a single family residence is eliminated after a c/o is issued. The seventh issue relates to traffic levels and the commitment to keep traffic levels at 0 growth. Ms. Garrow recommended adopting the TDM plan as adopted and the ordinance as written, which require twice yearly traffic counts, consistent with other approvals including the Jewish Community Center which was approved for the end of Ute avenue. Ms. Garrow said if Council wants to hold the applicant to a daily traffic count, staff recommends using average annual daily trips (AADT), which standard is used on the entrance to Aspen,. Ms. Garrow noted this will require a year long traffic study before building permit submittal. Ms. Garrow recommended 5 year vesting if this option is pursued to give the applicant time to figure out the counters in place and that it is done correctly. Exhibit Z-5 has language if Council wants to hold the applicant to the daily traffic level, which also has a different TDM plan. Ms. Garrow pointed out with either traffic option, the applicant has committed to paid parking and paying one-half of the annual cost of operating the cross town shuttle if they do not meet the 0 growth restriction two years in a row. Ms. Garrow suggested adding language in case the cross town shuttle ceases operation, like should the cross town shuttle cease operation prior to the requirement taking effect, the club owner shall be responsible for paying one-half of the most recent year's annual cost and that money shall be deposited into the city's transit fund. Ms. Garrow said the ordinance as written requires 5 years of reporting. The applicants have committed to maintaining 0 increase in traffic in perpetuity with 5 year of reporting requirement, which requirement is extended one year for each year the requirement is not met. Ms. Garrow pointed out the applicant has made no changes to mass and scale or to parking. Council indicated other issues in this application were more important than mass and scale so the applicant focused on the other issues. Ms. Garrow noted at the last meeting, one Council asked for less parking and one Council asked for more parking. Councilman Romero asked about the continuing ownership of the club by the applicant. Ms. Garrow said that issue is not related to the land use code and the community development department has not seen this in any project to date and does not have any experience with a condition like that. City Attorney, John Worcester, stated it is up to Council to decide if they are going to treat the fact that Michael Fox is the applicant is important to the decision of whether it is a benefit to the community in having Michael Fox involved. The applicant has agreed to the language. Worcester noted this is setting a precedent and Council has to decide whether Fox being involved is important. Many people have stated this is a land use application and not an application for Fox to run a business. Worcester reiterated if the personalities involved are important, then Council should consider this language. 13 Regular Meetine Aspen City Council Mav 10, 2010 Councilman Romero said this is a policy issue; there is the issue of precedence. Council has taken the position that land use applications are not about personalities and should not be. Councilman Romero said it is necessary that the city has to plan and to regulate more than the city's interests are not subordinate to the applicant. Councilman Romero said this is a reach from government into the private sector and tethering a person to a prof ect on top of the amount of scrutiny and supervision and regulation required by the city. Councilman Romero said with the other details and regulations, the provision linking the applicant to the approval does not weaken the final result. Worcester pointed out much of the public testified to the character of Michael Fox, how great he is and what a great project it will be. Worcester said if this a benefit to the community, Council is entitled to rely upon the representations of the applicant that he will stay the applicant. Councilman Romero said the applicant may have a conflict agreeing to this language knowing it maybe tied to an approval of the project. Councilman Romero stated going with this condition is saying that the city needs added protection of the commitment of the applicant. Councilman Romero said for him this is a troublesome policy issue. Councilman Skadron asked if Section 26 meets the intent of Council's request; the bigger issue had to do with membership interests of the investors in the property. Councilman Skadron noted at a previous meeting, he asked about the appropriate level of traffic. Several engineers and city staff concluded that the proposal traffic met the expectations generated by increased membership. Councilman Skadron said this was answered soundly and asked why it keeps coming up as an issue. Ms. Garrow said the neighbors are concerned about the character of the street on which they live. Ms. Garrow said from a traffic engineering perspective, the street can handle the traffic. Ms. Garrow pointed out the applicant has committed to no increased levels in traffic, which raises the bar. Councihnan Skadron asked about the mass and scale issue. Ms. Garrow noted staff recommends the mass and scale be examined and that the mass be decreased. Ms. Garrow said staff does not have a problem with the density but feels there is more mass on site than should be there. The applicant did not address that issue. Councilman Johnson said he is leery about tying this application so closely to one person. Councilman Johnson said he likes the idea of the person who has made all the representations to Council be the person responsible the project; however, the project would have to continue if something happened to Michael Fox. Councilman Johnson said if there is a counter on Ute Avenue, where will be placed and what effect on the counter would an increase in business at Benedict building have. Ms. Garrow said the counter would be at the club entrance, not on Ute avenue, to count what is going into the club as opposed to what is going up and down Ute avenue to other locations. The applicant has committed to purchasing and monitoring the counter. Councilman Johnson asked about the staff recommendation for relocation or removal of units 5 and 6. Ms. Garrow reiterated the mass of the project is too big and suggested looking at the mass of units 5 and 6 where that mass could be eliminated or reduced. Ms. 14 Regular Meetine Aspen City Council May 10, 2010 Garrow noted staff is all right with the density so those units could be moved somewhere else on the site. Councihnan Johnson said he cannot see removing these two units reduces the overall impacts. Ms. Garrow pointed out there is some open space in that area and removing units 5 and 6 would increase the open area. Mayor Ireland said he does not understand a commitment to 0 traffic growth if the means of measurement can go away in 5 years. Mayor Ireland said the traffic commitment is meaningless without perpetual monitoring. Mayor Ireland noted the commitments by the previous owners of the Aspen Club went away, which is another reason to tie the approval to the applicant. Mayor Ireland questioned whether the club will need land use approvals every 10 years to keep the business going. Mayor Ireland said his solution is to create an incentive for the current ownership to perform as promised and then get their rewards. Mayor Ireland said he does not believe in self-enforcement. Mayor Ireland noted Michael Fox represents the applicant, who is an entity not a person. The Council has this chance to create accountability for the applicant and that the city will get what is promised. Mayor Ireland said there needs to be a way to insure the community benefits are realized. Mayor Ireland pointed out many speakers talked about programming at the Aspen Club. Mayor Ireland said there is nothing in the application that addresses the continuation of those programs. Mayor Ireland said there is a list of improvements on which to spend $5 million; however, there is no description of which items, what they will look like. Mayor Ireland noted those opposed to the project say it will change the character of the neighborhood. Mayor Ireland said there is no analysis of the character of the neighborhood, which is not a purely residential neighborhood -there is the Benedict building, the Silver Lining Ranch, and the Gant. Mayor Ireland reiterated the neighborhood objections revolve mostly around traffic and a 5 year monitoring plan does not address the traffic. Mayor Ireland said it is possible to limit traffic; the city has the same number of vehicles entering town as in 1993. Mayor Ireland said one of the community benefits offered is the continued existence of an athletic club by approving this project. Mayor Ireland noted the community is not in a position to replace the facility like the Aspen club and he would like conditions that insure that continuation. Michael Fox said questions have been raised at Council meetings over the last 4 months and the applicants have worked with city staff to try and come up with answers to those questions. Fox said the applicants are anxious to make this project happen. Fox said this application has been in process for 3 years and when the process is complete, the applicants still have to make it a reality. Fox said there is a difference between parking and traffic and the applicants have an accountable plan for traffic. Fox said there is an operational reality of not having enough parking on site. Fox told Council people coming to the Club have been hurt because they could not find parking on site; they parked on Ute avenue and slipped on the ice. 15 Reeular Meetin¢ Asuen City Council Mav 10, 2010 Fox said Section 26 was the applicant's attempt to focus on Council's concern with the on-going ownership of the Club. Fox told Council he needs some flexibility in finding financial partners while not changing the face of the applicant. Fox told Council he is willing to commit to the language in Section 26 because he believes in the project. Fox told Council he has a lot of programs at the Club and this is evolving and on-going and being creative. Fox said the applicants have come up with a comprehensive TDM plan and have committed to 0 increase in traffic with 5 years of reporting. Councihnan Romero noted of the 41 new proposed pazking spaces, only 4 will be dedicated to club use; 20 parking spaces go with time share units; 12 spaces are dedicated to the affordable housing; 5 spaces used for drop off, guest parking. Councilman Romero asked if the parking spaces uses are to be segregated. Fox said they are. Councilman Romero suggested there may be an opportunity to reduce some of the parking spaces for timeshare and/or affordable housing. Councilman Romero stated parking is an essential element of traffic management; how parking is managed is a lever in the TMP. Fox pointed out no one testifying said there was too much parking at the club. The neighbors' concerns were traffic and the applicants have honed in on traffic as a problem to solve. Sunny Vann, representing the applicant, said people can be incentivized to use alternate transportation; however, most affordable housing residents own cars. There is one space/affordable housing unit in the garage so that people can store cars if they have them. Residents can then take advantage of alternate transportation. Councilman Romero said if the 0 increase in traffic can be done by the community, that principle can be in play with this applicant and it has to be more than 5 years. Councilman Romero said the $5 million reinvestment should include some soft programming; however, the members and customers will probably drive the programming. Councilman Romero said he likes the performance bond and the replacement bond as they sufficiently protect the community's interest. Councilman Romero said there is lack of specificity in the accessibility to members clause. Councilman Johnson said he still feels the plan isunder-parked; however, he is comfortable with the 41 spaces as presented. Councilman Johnson said the monitoring for traffic should be longer than 5 years. Councilman Johnson said he likes the idea that the club is accessible to locals. Councilman Johnson agreed the programming piece should be addressed as part of the club's improvements. Councilman Johnson noted $5 million seems low for investments as those listed in the ordinance. Mayor Ireland said having an unrelated party monitor the traffic generation and having consequences for exceeding the 0 number should be on-going. Mayor Ireland stated he thinks the azgument that not increasing pazking is unfair. Mayor Ireland said pazking spaces do attract people to drive. Mayor Ireland noted there are other uses on Ute Avenue and all the capacity for that street should not be used up by this applicant. 16 Reeular Meetine Aspen Citv Council May 10, 2010 Mayor Ireland suggested a compromise on Section 26 and the ownership of the Club, a limitation on the sale of the present membership interests and allow dilution of those interests. Mayor Ireland said if the current owners do not have "skin in the game", the commitments may not be met. Mayor Ireland said his support will not be dependent on who are members, how many members are local. Mayor Ireland said traffic can be measured but who lives in Aspen 6 months is difficult to measure and would an unnecessary burden on the applicant. Mayor Ireland said he would like to flip the paradigm to when an applicant meets their commitments, they get their reward. Councilman Skadron said parking and traffic are not his concerns; Council has heard from experts and from staff that traffic is manageable and appropriate for this road. Councilman Skadron said the number of pazking spaces is an operations issue from the applicant; they know what they need to make their property successful. Councilman Skadron said he has learned that developments should not be under parked. Councilman Skadron said he does not feel the shuttle is being used; members who pay large dues are going to drive to the club. Councilman Skadron agreed local membership is not a threshold issue for him. Councilman Skadron noted the issues that resonant with him aze scale and mass; a smaller project will relieve the ancillary pressures. Councilman Skadron said another issue is to be persuaded that the ordinance creates a degree of accountability from the applicant that the community benefits are realized which the continued existence of the club is. Councilman Skadron said he is not convinced this application meets the standazd of great public benefit, which is a criteria in SPA review. Councilman Skadron said the ability to construct single family homes has to be removed; the investors right to transfer ownership has to be limited. Councilman Skadron noted this is a for profit entity asking for the privilege to redevelop. Fox said he understands removal of the right to build single family dwellings; however, he does not understand the limit on the ability to attract new investors. Fox said he was trying to assure Council about the accountability of the applicants as he owns a large chunk of the business and is willing to make the personal commitment that he will be here. Councilman Skadron said his reservations come from experience with other applications, like the Limelight. Mayor Ireland said Council is trying to protect the community from an adverse outcome under change of ownership. Vann said at least 3 Councilmembers said the make up of the ownership of the Club is not that important. Vann noted the 5 year requirement for monitoring traffic came from the city. Vann said the Mayor recommended monitoring every day; complete monitoring for one yeaz, determine the average daily traffic, commit to that and have a penalty provision. Vann told Council the applicant is willing to commit to either method of monitoring. Vann stated not enough mass can be taken out of the project to change the traffic numbers. Vann noted the most impacted neighbors across the river are not objecting to the scale of the buildings. These buildings are smaller than homes on Ute avenue. Vann 17 Regular Meetine Asaen City Council Mav 10.2010 told Council staff does not have issues with the floor azea or with the number of units but would like some relocated so there is more open space. The applicant feels this design is the best for the proposed program. Ms. Garrow noted staff does not think reducing the mass will have any effect on traffic, but recommended the visual quality will be better if there were less mass on site. Ms. Garrow said the proposed mass is more appropriate for amore urban development. Mayor Ireland said 3 Council members think the traffic mitigation plan could work. There are 4 members who feel the traffic monitoring should be on going, not just 5 yeazs. At least 2 Council members aze concerned about the continuity of ownership; 2 Council members are concerned about scale and mass, about the visual impact. Mayor Ireland said there is agreement the number of parking spaces may not be an issue if the traffic generation is curtailed. Mayor Ireland stated there is concern about the continuity of programs and the existence of the club as a service facility. Vann said he heard from Council that the list of improvements did not include programming. Vann stated that is an oversight because the main reason for the application is to be able to increase the programming. Mayor Ireland said an issue is the single family house. Vann said the conditions was written to have the single family zoning disappeaz at c/o so that in case this project cannot get financing, the applicant will have to come back and get approval for single family houses. Vann agreed that the right to build single family houses will be eliminated at approval of this ordinance. Councilman Romero said he is prepared to vote in favor of this project if the 4 issues brought up are addressed. Mayor Ireland said he issues enumerated at the March 315` meeting have not been addressed satisfactorily. Mayor Ireland stated he has concerns about limiting traffic, about continuity of ownership, about continuing services. Fox said he will take out the local membership condition, will add a condition about soft programming, will add a longer traffic monitoring period. Fox said he will eliminate single family residences at approval. Fox said staff's recommended traffic management with longer monitoring is acceptable to most Council. Mayor Ireland stated he wants a cap on traffic growth with strong consequences if that is not met and paying a fine is not the answer. Councilman Skadron asked staff to address the ability of the road to handle increased traffic. Tricia Aragon, city engineer, noted there is a difference in capacity of road and the quality of service. The capacity of the road is how much delay one will encounter in trying to turn on or off the road. Quality of service is experience on a rural road versus increased traffic or how it feels as a pedestrian. Capacity of the road is the maximum amount of vehicles that a road can handle. Mayor Ireland said the residential feel of the neighborhood is worth protecting and the only way to protect it is a limitation on traffic growth. Councilman Skadron asked how this translates to the applicant's business plan. Fox said they tried to put together a series of tools to get enough people out of their cars to have 0 traffic growth. The applicant can dictate that employees need to car pool or shuttle in or not drive on Ute avenue. Other programs like increased shuttles, car sharing programs, incentives, all outlined in the TDM plan will allow the applicants to meet the 0 18 ReQUlar Meetine Aspen City Council May 10, 2010 growth goal. Fox said they can add paid parking to their plan. Fox said he can address the other concerns about eliminating single family units, adding programming. Mayor Ireland stated continuity of ownership remains important to him. Councilman Johnson noted the applicant has asked for 7 years vesting. Vann said the length of vesting is tied to which traffic monitoring program is adopted. Mayor Ireland said Council can adopt the vesting when the other issues are ironed out. Councilmembers Romero and Johnson said the mass and scale are not an issue for them. Councilman Skadron and Mayor Ireland said they would like mass and scale addressed. Councilman Romero moved to continue Ordinance #2, Series of 2010 to May 24`h; seconded by Mayor Ireland. All in favor, motion carried. Councilman Skadron moved to go into executive session at 10:30 pursuant to C.R.S. 24- 6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; seconded by Mayor Ireland. All in favor, motion carried. Also present Ken Canfield, Frank Mandy, John Kelleher, Kris Marsh, Sue Helm, Dave Ressler, John Worcester, Steve Barwick and Kathryn Koch. At 11:25 all but Barwick, Worcester and Koch left; Brian Flynn, Jeff Woods, Stephen Ellsperman, Fred Peirce, Howie Mallory and Chuck Vidal came to the meeting. At 11:42 all but Worcester, Barwick and Koch left. Councilman Torre moved to come out of executive session at midnight; seconded by Mayor Ireland. Motion carried. Councilman Skadron moved to adjourn at midnight; seconded by Mayor Ireland. All in favor, motion carried. n ~ Kathryn S och, City/CVlerk , ~~ 19