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HomeMy WebLinkAboutminutes.council.20051114Regular Meeting Aspen City Council November 14, 2005 AWARD FOR BURLINGAME - Planning and Analysis ................................................. 2 UTE CEMETERY AWARD .............................................................................................. 2 PROCLAMATION - American Recycles Day .................................................................. 2 ALL STAR COMMUTERS ............................................................................................... 2 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 3 CONSENT CALENDAR ....................................................................................................... 3 · Minutes - October 24, 2005 .................................................................................... 4 · Resolution #87, 2005 - EOTC 2006 budget ........................................................... 4 · Resolution #89, 2005 - State Historic Rehabilitation Tax Credit .......................... 4 RESOLUTION #86, 2005 - Dwell Contract ...................................................................... 4 F1RST READING OF ORDINANCES .............................................................................. 4 · Ordinance #47, 2005 - Historic Lot Split - 640 N. Third ...................................... 4 · Ordinance #46, 2005 - Meadows SPA Amendment .............................................. 4 · Ordinance #48, 2005 - Wheeler Board Composition .............................................. 4 ORDINANCE #37, SERIES OF 2005 - Code Amendment Historic FAR bonus ............. 5 ORDINANCE #45, SERIES OF 2005 - Supplemental Appropriation for 2005 ............... 7 RESOLUTION #88, SERIES OF 2005 - Conceptual PUD - Residences at the Aspen Club ..................................................................................................................................... 8 Regular Meeting Aspen City Council November 14, 2005 Mayor Klanderud called the meeting to order at 5:00 p.m. with Councilmembers Johnson, DeVilbiss and Richards present. AWARD FOR BURLINGAME - Planning and Analysis Laura Kirk, DHM, presented an award from the National Chapter of the American Landscape Amhitects. The City received this award for planning and analysis for the Burlingame project. The jury stated they appreciated the city taking a strong role on affordable housing andin building a quality project. The jury also appreciated that the entire project was integrated regarding income levels. UTE CEMETERY AWARD Amy Guthfie, historic preservation officer, told Council this award is also from the National Chapter of the American Landscape Architects. The City already received an award from the state chapter of ALA for Ute Cemetery. Ms. Guthrie said it is a big honor to receive a national award. This was a great project that involved a lot of community groups, city departments and citizens. Mayor Klanderud thanked Ms. Guthfie and the parks department for their enthusiasm and efforts on this project. PROCLAMATION - American Recycles Day Mayor Klandemd and Council proclaimed November 15, 2005, as American Recycles Day in recognition of Aspen's commitment to recycling. Sarah Laverty, environmental health department, told Council tomorrow between 4 and 6 p.m. to honor American Recycles Day, Ben & Jerry's is having half price ice cream and hot drinks. ALL STAR COMMUTERS Sarah Laverty, environmental health department, told Council every quarter they will recognize staff who use alternative transportation. Ms. Laverty presented Claude Salter, community development department; Don Karrer, parking department; and Sandy Figero, housing department, with tee-shirts honoring their commitment to get to work by bicycle, walking or by using mass transportation rather than by automobile. CITIZEN COMMENTS 1. Toni Kronberg said it would be nice to have bus shelters on Main street to keep people out of the weather. Ms. Kronberg thanked voters for approving the question to allow the city to retain the excess property taxes for the next 5 years to help ftmd 4 projects. Ms. Kronb. erg said one of those projects is the outdoor swimming pool and the design charette will start next spring. Ms. Kronberg said seasonal Burlingame is full and encouraged Council to think about building another seasonal affordable housing project like Burlingame. Ms. Kronberg said there are 190 traits at seasonal Burlingame and only 66 parking spaces. This is insufficient parking. Ms. Kronberg said it is time to update the AACP. 2 Regular Meeting Aspen City Council COUNCILMEMBER COMMENTS November 14, 2005 1. Councilwoman Richards noted a provision has been added to the federal budget bill to change the mining law to allow unpatented mining claims to be bought and turned into unzoned residential real estate. Councilwoman Richards stated this will affect communities in the west and suggested the city contact their Senators and Representatives. Councilman DeVilbiss seconded the comments and said adding this to the budget bill is vile, and it will have a teixific negative impact on this community. Councilwoman Richards moved to write a strongly worded letter to Aspen's representatives opposing the change in the mining laws as proposed by Representative Pombo; seconded by Councilman DeVilbiss. All in favor, motion carried. 2. Councilman Johnson reported he and City Clerk Kathryn Koch went to San Francisco last week to observe their use of ranked choice voting. Councilman Johnson said he will write a report to the Council. 3. Mayor Klanderud thanked the voters for passing state referendum 2C as well as supporting all the local issues, except the Snowmass Town Hall. Mayor Klanderud stated the voters trust the elected officials and along with that trust comes a continued responsibility for the elected officials to honor that trust. 4. Councilwoman Richards reported she attended a Colorado Association of Ski Towns meeting October 28th in Grand Junction. Councilwoman Richards thanked the community development staff for their presentation on Burlingame. RFTA made an excellent presentation about carbon emission savings by using hybrid buses. 5. Councilman Johnson said he attended the covenant enforcement commission, which enforces the Rio Grande corridor purchased by GOCO. Councilman Johnson said there am only 6 encroachments left. 6. Mayor Klanderud announced that the RFTA Board unanimously approved Dan Blankenship's contract. The RFTA Board also unanimously supported the staff recommendation that the salaries go back to a 4% increase with other benefits, like awards for attendance and safe driving. Mayor Klanderud said RFTA has been very frugal and now they are in a strong budget position. CONSENT CALENDAR Resolution #86 was pulled at the request of Toni Kronberg. Councilman Johnson moved to approve the consent calendar as amended; seconded by Councilman DeVilbiss. The consent calendar is: 3 Regular Meeting Aspen City Council November 14~ 2005 · Minutes - October 24, 2005 · Resolution #87, 2005 - EOTC 2006 budget · Resolution #89, 2005 - State Historic Rehabilitation Tax Credit All in favor, motion can/ed. RESOLUTION #86~ 2005 - Dwell Contract Toni Kronberg said there were supposed to be public hearings on the kiosk. Ms. Kronberg said the proposed location of the kiosk will obstruct views and will also double the size of the existing kiosk. Ms. Kronberg said she thinks the kiosk should be in a different location. Jeff Woods, parks director, said there was an extensive public process with 15 to 20 public meetings. This was the topic at Council work sessions, at an ACRA lunch, on City Vues on Grassroots TV as well as an advisory committee meeting. Woods told Council this building is movable; it was designed to be moved if it does not work in this location. Woods said the square footage of this building is very similar to the existing kiosk. Kevin Dunnett, design team, told Council this was arranged to work with the fire hearth as well as fire truck access. Woods noted this building will be tucked into the trees. Amy Guthrie, community development department, told Council the HPC had a noticed public hearing on this kiosk. Councilwoman Richards asked if there will be a space on the kiosk for temporary special event posters. Woods said it was not designed to accommodate those posters but staff will make space on the kiosk available. Councilman Johnson stated the direction from Council was clear there was to be a place for the short- term event notices. Councilman DeVilbiss moved to approve Resolution #86, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carried. FIRST READING OF ORDINANCES · Ordinance #47, 2005 - Historic Lot Split - 640 N. Third · Ordinance #46, 2005 - Meadows SPA Amendment Ordinance #48, 2005 - Wheeler Board Composition Councilman DeVilbiss moved to read Ordinances #47, 46, and 48, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carried. ORDiNANCE #47 (Series of 2005) 4 Regular Meeting Aspen City Council November 14, 2005 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDWISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 640 N. THIRD STREET, LOTS 4, 5, AND 6 (LESS THE SOUTHERLY 3.2 FEET OF LOT 6, BLOCK 102, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO ORDINANCE NO. 46 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA AMENDMENT AND A GMQS REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR A 3,327 SQUARE FOOT ADDITION TO THE RESNICK HEALTH AND WELLNESS CENTER, LOT lA, ASPEN MEADOWS SPA, CITY AND TOWNSITE OF ASPEN, COLORADO. ORDINANCE NO.48 (Series of 2005) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, REPEALING ORDINANCE NO. 5 (SERIES OF 2004) AND RE-ENACTING AN ORDINANCE TO CHANGE THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE WHEELER OPERA HOUSE Councilman Johnson said he would like the P&Z minutes on the Meadows before second reading. Councilwoman Richards moved to adopt Ordinances//47, 46, and 48, Series of 2005, on first reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilwoman Richards requested the comments and letters submitted to the HPC regarding 640 North Third before second reading. Mayor Klanderud asked if the 500 square foot bonus was given because of the garage. Amy Guthrie, community development department, said this was reviewed in 2002 for rehabilitation as well as historic lot split. The 500 square foot bonus was granted in 2002 for restoration of the historic building. ORDINANCE//37~ SERIES OF 2005 - Code Amendment Historic FAR bonus Amy Guthrie, community development department, reminded Council last month they asked for more information as well as clarifications on impacts of this code amendment. Ms. Guthrie said the city has brought forward incentives for owners of historic properties to rehabilitate and to keep their properties. Currently the HPC can grant up to a 500 square foot bonus. This code amendment is for properties that have 2 historic buildings on the lot and who may have twice as many historic preservation costs. This amendment Regular Meeting Aspen City Council November 14~ 2005 would allow a second FAR bonus, which can be converted into a TDR rather than go on the historic property. HPC would also like this to be available to eligible property owners who have not land marked their property, particularly the post World War II properties. Ms. Guthrie said Council noted that the lot split was a good incentive; however, not every property is eligible for lot split. The 500 square foot bonus attempts to cover some restoration costs. Ms. Guthrie noted TDRs shift development around town; however, this code amendment would create more TDRs; 3500 square feet on the historic properties and 12,500 square feet of new FAR if the undesignated sites receive this bonus. Mayor Klanderud noted the language makes it appear that one would have to meet every single criteria. Councilman DeVilbiss asked the value ofa TDR. Ms. Guthrie said no one has tried to sell a TDR yet. The market would determine the value. Chris Bendon, community development department, told Council it is estimated that a 250 square foot TDR costs up to $100,000; however, staff expects them to cost less at first because the program does not have a track record. Councilwoman Richards noted the impact would be 25,000 square feet because them is the impact of the building on the lot. Councilwoman Richards said "two primary buildings" bothers her. Them ought to be a definition of second primary structure. Mayor Klanderud opened the public hearing. Michael Hoffman, HPC member, told Council HPC felt this was an important element for people with two primary structures on their property. Toni Kronberg said the AACP goals and philosophies do not always agree. Ms. Kronberg said the AACP protects building and sites and states landscaping features should be retained. Ms. Guthrie told Council the land use code defines what is of historic significance. Ms. Guthrie noted when there is a historic building and the only way to preserve it is to move it, the open space standards may not necessarily apply. Mayor Klanderud closed the public hearing. Mayor Klanderud agreed the city wants to preserve as many significant historic buildings and properties in this community and the bonus is to make that occur. Mayor Klanderud said it is important to keep the goal of preservation in mind. Councilman DeVilbiss stated he does not think them can be more than one principal building on a lot and the definition in the land use code should be amended. Councilman DeVilbiss suggested the city think about buying these TDRs and extinguishing them rather than have the density expand throughout the community. Mayor Klanderud said that way the city would be creating a market for these TDRs and why should the city use taxpayers' money to provide benefits for a single taxpayer. Councilman DeVilbiss said the city buying these TDRs would prevent growth. Regular Meeting Aspen City Council November 14~ 2005 Councilwoman Richards said the city would need a designated funding source in order to purchase TDRs. Councilwoman Richards stated the city does not need further incentives to preserve historically designated buildings. Councilwoman Richards noted one can examine the real estate ads to corroborate that. Councilwoman Richards said this seems like adding an incentive so people will historically designate their property rather than Council taking the stand of designating property. Mayor Klanderud said there are owners of historic properties who cannot spend elaborately and this will give them the ability to do some rehabilitation on their homes. Councilwoman Richards stated this would be taking a commodity, growth, and saying other neighborhoods can absorb it in order to finance restoration of historic properties. Councilman DeVilbiss pointed out the TDR had to be absorbed somewhere and the growth will land in another neighborhood. Councilman Johnson said he thought the intent was to give long term locals an opportunity to hold onto historic or post WWII properties. Mayor Klanderud said a description and understanding of the properties would help Council. Councilwoman Richards suggested staff get public records on the sales of historic properties from the assessor's office. Ms. Guthrie told Council staff looked at this as there is a cost to restoration; this code amendment is how the city can facilitate it so historic properties do not have a stigma. Mayor Klanderud suggested if this is continued, staff add language about "principal building". Councilman Johnson moved to continue Ordinance #37, Series of 2005, to December 12; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #45~ SERIES OF 2005 - Supplemental Appropriation for 2005 Paul Menter, finance director, told Council there have been some additions since first reading. The total requested appropriations are $6.8 million, $3.6 million of that is interfund transfers. New requests from the asset management fund are $50,000 payment to Pitkin County for a property tax collection fee; $90,000 for 1 st floor remodel carried forward from 2004; $117,966 is for the animal shelter project, which was also budgeted in 2004. It is not an increase in funding, it is a technical change in the budget authority. The ordinance also contains funding for $714,143 for buying back 3 employee units at Water Place housing; this will be paid back when the units are sold. There are human resource requests of $15,000; risk management of $5,100; planning $38,000 and building of $51,860. The last amount will be reduced by $15,858. The environmental health department is requesting $140,000; $120,000 for the scientific assessment of impacts of global warming study which was previously approved by Council and $20,000 for the global warming emissions inventory for Aspen. The police department requests $98,000 for insurance, overtime and increase in towing service. The other larger requests are $40,000 in the water fund for the reuse irrigation system and $56,000 to offset the increase in utilities expenditures. The electric fund is requesting $150,000 for an additional electric feed to the golf course and $99,500 for the installation of the Burlingame ranch electric distribution system. There is $80,000 for S-curve improvements. The ordinance approves $25,000 at Truscott for the fire panel 7 Regular Meeting Aspen CiW, Council November 14~ 2005 replacement and biohazard restoration needs. The other changes are technical to close funds and to approve interfund transfers. Mayor Klanderud opened the public hearing. Toni Kronberg asked if there will be more hair dryers installed in the ladies room at the ARC. Tim Anderson, recreation department, said he hopes these will be installed by the first of the year. Ms. Kronberg asked about bus shelters on Main street and if this ordinance will allow replacements of the washers and dryers at Truscott. Menter said the Truscott monies cover increase in the natural gas costs as well as some replacement items. Mayor Klanderud closed the public hearing. Councilwoman Richards moved to adopt Ordinance #45, Series of 2005, on second reading amended to decrease the building department amount by $15,585; seconded by Councilman Johnson. Roll call vote; Councilmembers Richards, yes; DeVilbiss, yes; Johnson, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #88, SERIES OF 2005 - Conceptual PUD - Residences at the Aspen Club James Lindt, community development department, stated this is a request for conceptual approval of an SPA, a PUD and timeshare to do a remodel at the existing Aspen Club and to construct 19 timeshares and 8 affordable housing units. This applicant requires rezoning, subdivision, growth management review and stream margin review, which reviews will take place at final. Lindt told Council the applicants propose to remove the basketball and racquetball facilities and to provide new fitness studios and a new outdoor pool. The entryway will be moved to the south side. There will be 6 timeshare units on the existing building and 13 town home style units to be constructed where the tennis courts are located. There will be 8 affordable housing units on the east side of the property; these units are proposed as category 2, two-bedrooms units. The applicants propose a parking facility off Ute avenue with access to 157 parking spaces. Lindt noted the applicants propose to establish timeshare lodge use through the SPA process. Lindt said an AACP goal establishes the need for more short-term accommodations; however, staff questions the appropriateness of this use in a primarily long-term residential area. Lindt noted this is on the fringe of the community and most people would need to use private automobiles to get to the club~ The applicants propose to establish the dimensional requirements, the FAR and setbacks for the affordable housing units through the PUD. The underlying zone, RR - rural residential - does not establish an FAR for an athletic club. The applicants propose the FAR at .6:1 and to establish the setbacks as less restrictive for the affordable housing units than the underlying zoning. The applicant proposes to stay within the height limit for this zone district, which is 28'. Lindt said the proposed FAR at .6:1 would not overwhelm the site; 8 Regular Meeting Aspen City, Council November 14~ 2005 however, the applicants could redesign the affordable housing to lessen the need for variances. The applicants propose the timeshare units at 1/16 and 1/12 interests. The units will be made available on short term rental when their owners are not occupying them. The owners will be able to use the club amenities. Lindt noted the proposal satisfies the review standards for time share. Lindt said the applicants propose 59 timeshare bedrooms. The code anticipates ½ employee would be generated for each of the 59 bedrooms or 27 full time employees. The applicants propose 8 two-bedroom affordable housing traits, which would provide for 18 full time employees. Applicants are required to provide for 60% of the employees generated, which is 17.7 employees. The applicants propose 157 on site parking spaces, 122 of which will be accessed from Ute Avenue. There are 35 spaces on the north side of the club off Crystal Lake road. To meet the code requirements, the applicants would be required to provide 8 parking spaces for the affordable housing units; 17 parking spaces for the fractional units; 43 spaces for the club. The applicants propose 132 parking spaces for the Club or 2.5 times the requirement for the Club. Lindt said there is an existing parking problem at the Club; however, staff feels the parking proposal is excessive. The traffic off Ute avenue is an issue. The applicants provided a traffic study, which indicates there is additional capacity on Ute Avenue and this traffic would not overwhelm Ute avenue. Community development department engineer has reviewed this report and feels it is accurate; however, this is more than just a technical issue. Lindt said in 1996 when Council approved the PUD amendment to allow for the parking off Ute Avenue, a conscious decision was made to limit the parking allowed off Ute avenue as an auto disincentive. This proposal would contradict Council's previous policy decision. Lindt questioned whether this proposed use is appropriate in this area within the context of the neighborhood. Lindt said this proposal would meet some AACP goals to provide more rental beds. Lindt recommended a more moderate increase in parking if Council were to grant conceptual approval. P&Z reviewed this and recommended approval with conditions. Councilman DeVilbiss stated he is a member of the Aspen Club and has discussed this with the city attorney. Councilman DeVilbiss stated he feels he can judge this matter fairly; however, he will disqualify himself if the applicant or other Council members think he should. The applicant stated they have no objections. Michael Fox, Aspen Club owner, stated Aspen is unique and the Aspen Club is a unique place within Aspen. The Aspen Club is an important community asset. Fox said the Aspen Club touches almost everyone in the community through spa, sports medicine, classes, lectures and the Club itself. The Club also supports events like community graduation and the Buddy Program. Fox stated he is proud of the fact that every facet of Regular Meeting Aspen City Council November 14~ 2005 this community is represented at the Aspen Club. Fox stated this proposal is upgrading the Aspen Club and adding a residential component, which will allow the Club to improve their facilities and their programs. Fox said when the Aspen Club was built in 1976 it was a different facility and it has evolved as the community has evolved. Fox said the demographics of Aspen have changed; new facilities like the spa at the St. Regis and the Aspen Recreation Center have had impacts on this business. The Club's constituent groups are the club members, guests, physical therapy patients, employees, neighbors and the community at large. Fox stated this plan represents two years of work trying to achieve a balance among all the constituent groups. There are 1850 members at the Aspen Club; there are thousands of therapy patients annually. Fox stated this proposal will allow better programming at the Aspen Club tied into the holistic health goal of the Aspen Club. Fox said the proposal addresses two issues on Ute Avenue; inadequate parking and safety. The owners will get a long term investment and the community get a vibrancy and a world class destination health facility. Fox noted the Aspen Club is located in a unique area of town. There is the Gant and Aspen Alps, which total 230 condominium and town home units owned and rented. There is 1010 Ute Place consisting of 16 residential units; there are 13 houses on Ute Avenue; employee housing on the south of Ute Avenue; the Silver Lining Ranch and the Benedict office building. Fox told Council they tried to design the project to mirror the neighborhood. The 13 townhouses will be located across from the existing townhouses; the employee units are proposed at the east end of the site, across from employee units on Ute Avenue. Fox said the proposal strives to create a ownership base for people to buy 2 to 4 weeks blocks and to participate in programming at the Aspen Club. Fox said the applicants have been working with their neighbors and with the city to try and solve the problems on Ute Avenue. Fox stated 19 timeshare units is a small number compared to the numbers who use the Club and the sports medicine facility. The applicants propose to expand their shuttle service to serve the timeshare owners, to serve the Club members. Fox said they will experiment with a bicycle program where people can take bikes anywhere they need. Fox said there currently is not enough parking at the Club and it is unfair to the neighbors when patrons park up and down Ute Avenue. Fox told Council the most crowded time at the Aspen Club is during ski conditioning. Fox said the decision in 1996 to limit parking was an experiment as an auto disincentive. Fox said that experiment was not successful. Fox told Council the Aspen Club is facing hard choices. The applicants want the Club to be a community asset in the future. Fox said they have tried to make the Club fit in with the neighborhood; the feel is residential. Sunny Vann, representing the applicant, said the two issues that have been raised with this project are the appropriateness of the use and the parking and traffic. Vann stated this project was not designed as nor intended to be used as a hotel. There is no lobby, no restaurants or bar, no ballrooms, no commercial uses associated with a hotel. This was designed as a residential, multi-family project, and available to the general public when 10 Regular Meeting Aspen City Council November 14, 2005 not occupied by owners. In order to meet the needs of the Club, multiple interests in these units will be sold rather than providing whole ownership condominiums; the shares will be 2 and 3 weeks. Vann said if fractional ownerships are sold, by definition this is a timeshare lodge and required to be available to the public when not occupied by owners. Vann stated they are not trying to create a "hot bed" project but a project designed to discouraged nightly rental. The project looks and should function like the townhouses across the fiver. Vann stated this is located in a mixed use neighborhood. Vann used an aerial photograph to show the Aspen Club, Ute Avenue, Silver Lining Ranch, residences, stables, cemetery and park, affordable housing units, Benedict office building, 1010 Ute, Gant, Alps, Original Curve. The Aspen Club town homes is a multi-family free market complex located to the east and north. The townhouses have been rented on a short term basis for the last 20 years; however, that use is declining with the rising real estate prices. There are a number of single family residences; however, the majority are occupied by absentee owners, less than half are local residents. Vann said another mixed use project in a residential neighborhood is the Aspen Institute, a privately owned facility of community benefit. The AACP outlines short term housing at the base of Aspen Mountain. The AACP also embraces the fact that Aspen is unique with lodging scattered throughout the community. Vann noted that new legislation promotes the maintenance of scattered lodging as well as expansion if the impacts can be accommodated by the neighborhood. Vann said the issue is not whether this is an appropriate use but whether its impacts can be accommodated in the neighborhood and in the community. Vann reiterated it is of reasonable scale with a residential character and is designed for extended occupancy and it does not overdevelop the site. Vaim said this property is zoned RR, rural residential, specifically to accommodate a recreational club which is a conditional use in that zone. The density is 1 unit/2 acres which is inconsistent with R-15 zone, 1 unit/15,000 square feet, in the surrounding neighborhood. The RR zone district does not permit a timeshare lodge. The AACP depicts this site as commercial, which would allow timeshare units. Varm stated rezoning to commercial or to lodge does not seem appropriate. The simple solution is to use an SPA overlay to accommodate the use. The SPA is similar to PUD but allows one to vary the uses of the underlying zone district; it is an overlay to permit additional flexibility to accommodate mixed-use development. Vann noted the SPA process was used to approve the Silver Lining Ranch to accommodate their unique use. Vann said the SPA regulations do not address rezoning only an overlay to permit variations in the use. Staff requested the applicants process this as a rezoning request. Vann told Council the current parking requirement is 91 spaces, approved in 1996 when the entrance was moved, from Highway 82 to Ute Avenue. There are 35 spaces on the north side of the river and 56 spaces off Ute Avenue. This total number of parking spaces was less than the parking requirement under the zoning code for the Club use. There were objections from the neighbors about increased traffic on Ute Avenue and a 11 Regular Meetin~ Aspen City Council November 14~ 2005 reduction of parking was required as a condition of approval. The Club was required to provide van service, and it has a successful van service. Vann said parking spills over to the Benedict lot and onto the street, which exacerbates traffic in the neighborhood. Vann stated the existing parking is inadequate for a club with 1800 members. The proposed addition is not driving the need for additional parking; it is the existing operation of the Aspen Club. 60% of the members are local and most of them arrive by car. Vann said the applicants want to provide 114 parking spaces on the Aspen Club parcel; 52 on the surface lot, 62 on a subgrade garage under that surface parking lot, and retaining the 35 spaces to the north. The applicants are required to provide 17 spaces for the fractional units. Vann stated this is a 45% increase in the current Club parking. Staff suggests this is excessive according to the Code requirement. Vann pointed out when the regulations were changed, the parking requirement was reduced for properties in the infill area. Vann showed a map of the infill area, showing the Aspen Club as the farthest spot in the southeastem comer of the infill area. The regular parking requirement is 3 spaces/I,000 and in the infill it is 1 space/I,000. Vann said the reduced parking requirement is not appropriate for the Club and they agree 3 spaces/I,000 would be more realistic. Vann said the net leaseable square footage of the Club is not going to change. There will also be 8 parking spaces for the affordable housing and 1-7 spaces for the fractional units. Vann told Council the applicants retained a traffic consultant familiar with Aspen projects, weather and traffic. Vann stated the peak hour traffic generations are within the carrying capacity of the streets. There are operational constraints, like speeding and reduced capacity in the winter because of snow build up. Vann agreed safety on this street is a major concem and it should be addressed by the city with or without this project. There are traffic calming measures like speed bumps, painted cross walks, increased signage, the installation of curb and gutter. A segment of sidewalk is missing in the area of the Benedict office building for a link to the Aspen Club. Vann said city winter maintenance of these streets should be increased. Vann reiterated this is a PUD and this is conceptual review. There are other issues that would be addressed in more detail before final submittal. Vann said this Club has evolved and will continue to evolve as health considerations change. This proposal would allow the Aspen Club to continue to serve the community. Bill Poss, architect, told Council the design team looked at the context of the neighborhood. Poss went over the elements of the neighborhood. Poss pointed out the townhouse development along the river, maintaining the river corridor with the trees, the 6 town homes on the Club. The design cleans up the front entrance, moves the service entry to the east, where deliveries will take place. Poss showed the location of the underground parking, the ramp and putting the parking back on top of the parking deck. The townhouses will be used to shield and enhance the outdoor pool area. Poss showed the affordable units and their parking. This project is designed to have a residential feel. Poss presented renderings of the townhouse building, the pool area, an elevation of the townhouses along the river, an elevation of the townhouses from the inner courts, the parking and entry court, an elevation of the affordable housing. All buildings are within 12 Regular Meeting Aspen City Council November 14, 2005 the 28' height restriction. The materials are stone, wood and glass. The lower level of parking will have elevators to the Club. Poss illustrated the project on a model and how the parking works with the townhouses. Vann noted that although the Aspen Club is private, all of its programs are available to the public; there is no exclusion of the community from the facility. Vann told Council the property was originally developed by Fritz Benedict and Robert Goldsamt. There was a residential component of town homes and single family houses. When Dick Butera bought the Club, he got permission to split the old Benedict lot into two lots and to relocate the entrance. The Club parcel was zoned RR as it was the only zone district that could accommodate a recreational club. The property where the Benedict office building is also zoned RR. This was originally envisioned as a tennis club for the subdivision. This expanded and the last approval was for 52,000 square feet of floor area. The existing floor area of the Club is 32,000 square feet. The site is 5 acres and the FAR of the total proposed project is .6:1 with a decrease of net commercial. The check in for the timeshare units will be at the front desk of the Club. There will be shuttle service to and from the airport. The 35 parking spaces across the river will continue. Councilwoman Richards asked the net addition of the townhouses. Vann said there is 39,000 square feet of FAR, which is a net addition. The Club units within the actual club building occupy 17,000 square feet, which comes out of the existing club. The Aspen Club and spa is 34,600 square feet and the affordable housing units are 10,500 square feet. Councilwoman Richards asked how the Club defines their shuttle service as successful. Linda Schmiel, manager of the Club, said during high season there are 50 to 100 riders daily and in the shoulder season there are 30 to 60 riders a day. The riders are guests and members. The shuttle also picks people up along Ute avenue when it is safe to do so. Councilman DeVilbiss asked if the Aspen Club ever owned the lots to the north across from the parking lot. Vann said this was owned by the Aspen Club and when Dick Butera proposed to change that area to two single family houses, the city proposed a perpetual easement for parking for the Aspen Club Mayor Klandemd opened the public hearing. Brian Sax stated his high school class was the first to go to project graduation at the Aspen Club held 16 years ago. Sax said project graduation has saved lives and is part of the community. Sax told Conncil the Aspen Club donated all their equipment to the Aspen Valley Ski Club. Bobsey Sax, Club Member and Aerobics instructor, told Council she has instructed at other facilities and no other facility in this valley has the incredible interaction between staff, members, seniors and tourists. The Aspen Ideal of body, mind and spirit is palpable at the Club. There are different services provided for people's well being. Michael Hoffman, co-chair of Right Development for Aspen, stated this is a group of homeowners in the area who oppose this project. Hoffman submitted letters from Clifton Morris and Gary Nathanson. Hoffman said the key issue is whether these are hotel rooms or not: Hoffman stated these are hotel rooms. The applicant hopes to have 100% 13 Regular Meetine Aspen City Council November 14, 2005 occupancy by the 300 timeshare owners who have interest in the property. Hoffman noted the typical stay at other spaJtimeshare projects is 3 days to a week. The city's regulations require timeshare units be made available when not occupied by owners. Hoffman said fractional use is a hotel use under the Municipal Code and hotel use is not allowed in the RR zone district. Hoffman said the applicant is seeking specially planned area designation in order to have a hotel in the RR zone. Hoffman stated there are criteria to be met in order to receive an SPA designation. One is that the site must be unique and have historical, natural, physical or locational characteristics that make it unique. Hoffman noted that the decision must have great public benefit for the city and the underlying reason for the SPA designation must be to allow design flexibility and comprehensive development and planning. Hoffman stated none of these criteria apply in this application. Hoffinan stated there is nothing unique about town homes and apartments being constructed at this site. Hoffman said another criteria is great public benefit. The Aspen Club does great work; however, the great public benefit is not whether the Aspen Club is a good citizen. It is the decision and whether that decision will bring great public benefit to the city. Hoffman stated it will not. Hoffman said the purpose is to add hotel rooms; not to allow design flexibility or comprehensive development opportunity. Hoffman pointed out in order to accommodate the applicant's request, a change to the underlying PUD is required. This also has a set of design review criteria. Some of those review criteria are consistency with the AACP; another is it compatible with the existing neighborhood and would it adversely affect future development of the area. Hoffman noted the AACP fosters creation of the hot beds in the appropriate locations. Hoffman stated the Right Development for Aspen does not oppose appropriate development; however, they feel this is inappropriate development. This neighborhood is not compatible with hotel use. Lindt stated the RDA sent out cards, which were returned to the city. Council has been provided with a list of names. There were 105 cards recommending rejection of the proposal and 77 supporting the proposal. Stewart Lasher told Council he is the most affected neighbor; his house is directly across the river from this project. The townhouses will look right into his backyard. Lasher said during his due diligence on purchasing this property, he was advised that zoning prohibited the Aspen Club from building any residential units on their property. Lasher stated he cannot imagine 28' of units in his backyard, which will eliminate any privacy, will increase noise and traffic along the bike paths. Lasher said the applicants purchased this property knowing that the zoning prohibited them from building multi-family housing or hotel units. Lasher questioned Council rezoning the property to the detriment of the neighborhood with no overriding benefit to the general public. Lasher told Council he owns 13 health clubs. Lasher said if the variance for this project is approved, it will be a windfall for the owners and it will not substantially improve the operation of the club. Jim DiFrancia, President Ute Place homeowners association, which consists of 16 single family homes and 1 employee unit, stated the association unanimously opposes this 14 Regular Meeting Aspen City Council November 14~ 2005 development on the basis of non-compliance with the zoning and an inappropriate expansion of the limited commercial uses. DiFrancia stated the traffic on Ute Avenue is already hazardous. The homeowners are on record seeking mitigation of that traffic. Councilman Johnson moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilwoman Richards. All in favor, motion carded. Sacha Haas, marketing director of the Aspen Club, stated she supports the project. Ms. Haas told Council she speaks to a lot of people in the community and a lot of people have spoken about the project and what it means to them. Ms. Haas said it is important Council know what the Club means to the community and it is a part of many people's lives. Mike Marolt said he supports the project. Marolt told Council he was here when the Club was developed and it has been an asset for family, friend and employees. Anyone in the community who has had knee rehabilitation would agree this is a world class facility for sports medicine. Marolt said one cannot operate a world class facility without having some capital to infuse into the project. Marolt stated the Aspen Club is an institution; it is important for this community. Neil Furman, spa director at the Aspen Club, told Council the spa has 40 to 60 employees most of whom are full time seasonal. Ferman said the Club has developed a family of employees. Furman said the changing market in the spa industry is moving towards a destination environment. The Aspen Club is one of the largest spas in the country. The Aspen Club needs to be able to evolve toward a destination type facility. Furman said approval of this will enable the Aspen Club to do year round spa, fitness and wellness programming on a world class level. Toni Kronberg said the Aspen Club does rehabilitation, conditioning, and helps make Olympic athletes. The Aspen Club needs to keep up with the times. Mr. Kronberg noted this area is no longer rural. This will be a community asset and adding to the community. Bubba Eggleston, employee of Ritz, noted that the fractional ownership units are making the off season shorter and employees welcome more guests. Eggleston stated he supports this project; it is already here and this is an adaptation of an existing facility. Bill Fabrocini, sports medicine as the Aspen Club, told Council he is very proud of their facility. The sports medicine is a public asset. The residential facility would enhance the quality of the sports medicine facility. Bert Myfin discouraged Council from making a land use decision based on the applicant's need for renovation. Funding of something now does not create something in perpetuity; it creates a funding problem in the future. Myrin said he does not see it as Council's role to subsidize businesses. Kathleen Tracy, manager of the Susan B. Komen office, told Council they have been located in the Aspen Club for 2 years. Ms. Tracy stated she has been amazed at the Aspen Club and at their willingness to go beyond what they need to do for the community. The Aspen Club stands behind their commitment and extra rooms at the residential facility will be used to integrate programs into the community. Joel Sax said the community has elected govemment officials with the foresight to see the whole picture of an issue. The elected officials have voted to do what is best for the entire 15 Regular Meeting Aspen City Council November 14~ 2005 community and are not negatively influenced by a few neighbors. Sax pointed out every resident has made some sacrifice for the benefit of the entire community. Sax said he cannot imagine Aspen without the Aspen Club; everyone looses if the Aspen Club goes away. Susan Welch agreed that the Aspen Club is a great club; however, something else has to be done. Aspen has a core where hotels and commercial businesses are located and adding timeshares outside the core is not good practice. One has to go through town to get to the Aspen Club. Bruce Fretz, Aspen Club town home owner, told Council only 2 of the 34 owners have voiced objections. The Aspen Club town homes have a total of 73 bedrooms and the majority of them were in the rental program in the beginning. Only 4 out of 22 units are available for rental currently. Fretz agreed the traffic on Ute Avenue has to be addressed whether this project goes through or not. If this project is approved, the Aspen Club will have the chance to address the traffic on Ute Avenue. Rob Ittner, Range and Rustique restaurants, said fractional ownership units seem like a way to create year round vibrancy for businesses in Aspen. Rick Head supports the project. Head told Council he live across from the Club and is supportive of the traffic and parking mitigations proposed. Pete McLain, 1461 Ute Avenue, told Council he supports the project and hopes Council looks favorably on this and on making Ute Avenue a safer place. Brian Speck, P&Z member speaking for himself, said he is impressed with the good will in the community from the Aspen Club. Speck said Council should take a risk and look at the good things being put on the table. Speck said this is a good change. Vicki, told Council the Aspen Club has given her the opportunity to grow into membership director. This development will offer more job opportunities and more career growth. Dawn Shepard, fitness director at the Aspen Club, said the Club is unique and has something special about it. This project has a lot to offer the community. This will be a place for people to experience the Aspen ideal. Aspen should be the leader in destination spas. Candy Allen, employee of the Aspen Club, stated the Club is a mainstay of the community and very important to the community. The Club offers benefits to the entire community. It will be a loss to the entire community if the Aspen Club does not continue. Chris Peshic, Aspen Club Sports Medicine, noted the lack of parking has taken its toll up and down Ute Avenue over the past few years. Peshic said he favors the project and thinks it will be a great asset to Aspen. Linda Davis, member of the Aspen Club, said there has been brilliant leadership from Linda Schmiel and her team at the Aspen Club in delivering exceptional offerings to the members. Ms. Davis stated she appreciates the diversity and commitment of the Club's service. Linda Schmiel, manager Aspen Club, told Council they are trying to develop a wellness retreat. The owners of the Aspen Club are passionate about Aspen. James Lindt entered letters into the record from Bennett Bramson in support; Nancy Mayer, in support; Cynthia Cameron in support; Wendy Smith in support. 16 Regular Meeting Aspen City Council November 14~ 2005 Mayor Klanderud closed the public hearing. Mayor Klanderud stated the request is to make the Aspen Club a destination spa with associated lodging. The applicants are requesting a rezoning to allow for a destination spa. The issue is whether this location is appropriate. Mayor Klanderud stated the Aspen Club is a superb operation, sports facility, fitness facility, spa facility and its contributions to the community are over the top. Mayor Klanderud noted the original proposal was controversial with some of the same issues. At that time, there was no entrance off Ute Avenue. Concerns about traffic have been with this project since its inception. The lodges that were in this area were very small with minimal amounts of traffic. Mayor Klanderud stated she is not inclined to approve this SPA in the RR zone. There was a reason this was zoned rural residential and perhaps there is a reason to keep it rural residential. Councilwoman Richards noted a lot of good things have been said about the Aspen Club. The conflict is that this application more than doubles the size of the existing facility from 32,000 to 80,000 square feet. The townhouses are larger than the size of the Aspen Club itself, which is a concern when one is asking to change the underlying zoning. The site has been maximized from lot line to lot line. Councilwoman Richards noted that this has been a low lying project and this profile should be maintained. Councilwoman Richards stated she is concerned about the intensity of uses on this site and the pleas to upgrade the Club that were made 10 years ago. At that time Council stated no more parking would be allowed at the Club. Councilwoman Richards said she cannot find these are appropriate increases in uses over what was originally conceived for the property and what has been developed since. Councilman DeVilbiss noted the city is subsidizing the Aspen Recreation Center at about $800,000/year, which is in competition with the Aspen Club. Councilman DeVilbiss stated the most difficult issue for him is the access. Councilman Johnson said the Aspen Club was in its location before a lot of the surrounding development and it may have contributed to that development. Councilman Johnson said it is important to maintain the viability of the Aspen Club as it is a good neighbor and generous. Councilman Johnson noted that the size of the fractional units is a concern; these are 3 and 4 bedroom units. Councilman Johnson said he would prefer smaller units that would support individuals coming to a spa or to therapy. Councilman Johnson stated this fails to meet the criteria for approval of an SPA. Councilman Johnson said he does not find there is a great public benefit from this application and it does not keep hotel development at the base of the mountain. Councilman Johnson stated this does not meet any of the criteria for approval oftimeshare. Councilman Johnson said he cannot support this development as proposed. Vann stated the FAR is misleading because the majority of the building is below grade. The building is over 80,000 square feet. The floor area will be increased; however, this is a 5 acre site with an FAR of .6:1, 19 units plus a health club. Vann agreed it encompasses most of the property but the Club already encompasses most of the property. Vann noted the project does not impact the neighbors except across from ¸17 Regular Meeting Aspen City Council November 14~ 2005 Lasher's home. The complaints have been the traffic impacts or the use in this neighborhood. Vann said in terms of the long term sustainability, the Aspen Club has a problem and has to look at other alternatives for this property. Vann stated RR is appropriate zoning only because it supports the Club use. The surrounding density is zoned R-15 With one unit/15,000 square feet and RR is one unit/2 acres. Vann noted the city's timeshare regulations do not allow an applicant not to make it available to the public. The applicants do not want to build a lodge but have to make the fractional units available to the public. Vann said there are only 19 units proposed and the level of traffic would be insignificant. Ute Avenue can accommodate the traffic but it needs improvements to make sure the h'affic is handled more safely. Councilman Johnson moved to suspend the roles and extend the meeting to 10:15 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Vann agreed hotel development should be located at the base of the mountain, and there is a long history of short term rentals scattered throughout the community and these uses have been accommodated. Vann said this is looking at the community as a wide variety of accommodations that contribute to the economic well being of the community. Vann said it has been 10 years since the last revision, business has changed, and the Aspen Club is facing questions about whether it can continue. The units within the Aspen Club are 1900 to 2500 square feet designed with lockout rooms. The townhouses are 2500 to 3000 square feet. Vann requested Council continue this so that the owners can discuss the comments. Mayor Klanderud stated the application does not rise to meet the requirements for an SPA overlay. Mayor Klanderud said Ute Avenue was kept narrow and meandering by intention into this rural area. Mayor Klanderud said she would love to see the Aspen Club expand with its excellent programs without lodging on the property. Vann said if this is not to be a club, the only viable option is residential. This is 5 acres of land surrounded by R-15 density. Councilman DeVilbiss stated he would resolve this in favor of the applicant at the conceptual stage. Councilwoman Richards asked how the community would be assured that this development will provide long term stability. Councilwoman Richards said there are impacts on the trails and there will be tall structures right on the edge of the trail. Councilwoman Richards stated the height is too much and the number of units is too much. Councilman Johnson said he does not know how he can get beyond the concerns about the SPA overlay and the criteria and how this would rise to meet those criteria. Councilman Johnson said the design does not strike him as a destination spa. Councilwoman Richards moved to continue Resolution #88, Series of 2005, to December 12; seconded by Councilman DeVilbiss. All in favor, motion carried. 18 Regular Meeting Aspen City Council November 14~ 2005 Councilman DeVilbiss moved to adjourn at 10:15 p.m.; seconded by Councilwoman P~ichards. All in favor, motion carried. 19