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HomeMy WebLinkAboutminutes.council.20051128Regular Meeting Aspen City Council November 28~ 2005 CITIZEN COMMENTS ..................................................................................................... 2 COUNCILMEMBER COMMENTS .................................................................................. 2 CONSENT CALENDAR ................................................................................................... 2 · Resolution #90, 2005 - Membership in Chicago Climate Exchange ..................... 2 · Minutes - November 14, 2005 ................................................................................ 2 RESOLUTION #93 2005 - Open Space Purchase Aspen Mass Parcels ............................ 2 REQUEST FOR NOISE VARIANCE - APR]~S X GAMES ............................................ 4 ACRA SERVICES CONTRACT ....................................................................................... 5 RESOLUTION #94, SERIES OF 2005 - Smuggler Mountain Acquisition ...................... 5 RESOLUTION #91, SERIES OF 2005 - 2006 Budget ..................................................... 5 RESOLUTION #92, SERIES OF 2005 - 2006 Mill Levy ................................................. 8 ORDiNANCE #48, SERIES OF 2005 - Wheeler Board Composition .............................. 8 ORDINANCE #38, SERIES OF 2005 - Snyder PUD Amendment .................................. 8 ORDiNANCE #46, SERIES OF 2005 - Aspen Meadows SPA Amendment .................. 10 RESOLUTION #69, SERIES OF 2005- Conceptual PUD Lodge at Aspen Mountain.... 11 Regular Meeting Aspen City Council November 28, 2005 Mayor Klandemd called the meeting to order at 5:00 p.m. with Councilmembers Torre, Richards, DeVilbiss and Johnson. CITIZEN COMMENTS 1. Emzy Veazy said economic planning for the future flows people into Aspen. Veazy said he would like to see an economic committee formed to figure out how Aspen can get people to come here in greater numbers and what alliances can be made with other communities and other businesses to get that accomplished. COUNCILMEMBER COMMENTS 1. Mayor Klanderud noted opening ski day was great; the NEPSA award event was great; Thanksjibbing was great. Mayor Klandemd thanked the Ski Company for their events and start of the season. Mayor Klanderud congratulated the winners of the NEPSA awards. 2. Councilwoman Richards said it is exciting the World Cup will be happening on Aspen Mountain early in December. CONSENT CALENDAR Councilman Torre requested A (Resolution//93, Purchase Aspen Mass Parcels) and B - Noise Variance Aprbs X Concert be pulled; Councilman DeVilbiss requested D - ACRA Services contract be pulled. Councilwoman Richards requested E - Resolution//94 - Smuggler Mountain Purchase be pulled. Councilman Johnson moved to approve the consent calendar as amended; seconded by Councilwoman Richards. The consent calendar is: · Resolution #90, 2005 - Membership in Chicago Climate Exchange · Minutes-November 14, 2005 All in favor, motion carried. RESOLUTION//93 2005 - Open Space Purchase Aspen Mass Parcels Councilman Torte asked about interest repayment to the housing fund. Mayor Klandemd said the interest will be paid with two TDRs. Councilman Torte asked if Council has approved selling the TDRs and were other TDRs split off from this property to the county. Mayor Klanderud said County Commissioners approved the TDRs from Aspen Mass as a sending site and the money from the sale of the TDRs will be given to the housing fund to repay the interest on this loan. Mayor Klanderud asked how repayment from two TDRs would compare if the repayment would have been if it would have been cash. Brian Flynn, parks department, said TDRs are selling between $175,000 and 2 Regular Meeting Aspen City Council November 28~ 2005 $200,000. Scott Newman, finance department, said a return on the city's investment portfolio on the city's portion of the Aspen Mass property would be around $400,000. Councilman Torre recalled the Council discussion was whether selling development rights offthis property was appropriate or not. Councilman Tone proposed the open space funds should repay the housing fund rather than transfer development rights off this parcel. Mayor Klanderud pointed out these TDRs are in the county and the receiving sites would have to also be in the county. Councilwoman Richards said the transfer of property can go forward; however, a majority of Council insisted on interest repayment to the housing fund for purchasing the land. Councilwoman Richards there has not been a fair market appraisal on this property. The county did not want to charge its open space fund any interest so the interest would only be charged on the city's portion. Councilwoman Richards said she is not interested in creating growth through selling TDRs regardless whether they are in the city or county. Mayor Klanderud noted there were 3 development rights, and Council reduced that to 2. The city has an agreement with the Zolines to allow transfer of TDRs to the free market units on the Burlingame Ranch, which is within the urban growth boundary. This is a receiving site the city has approved. Councilman DeVilbiss said he has the same concerns as Councilmembers Torre and Richards and would prefer to pay interest in dollars rather than from the sale of TDRs. Councilman DeVilbiss said the Zoline Ranch purchasing these would be all right with him. Mayor Klanderud said the city has plans for purchasing more open space and she does not favor having the open space fund repay the housing fund. Councilwoman Richards said the open space board recommended no interest payments to the housing fund and the county decided to forego their interest payments. Councilwoman Richards stated it is fiduciary responsibility to the housing fund to repay any interest it would have earned. The Council is not paying interest on free market appreciation of this site. Councilwoman Richards said the TDR discussion can be held at a later date. Councilman Johnson said Aspen Mass was purchased with housing funds to be used for housing. Councilman Johnson asked why elected officials found Aspen Mass to be inappropriate for housing. Councilwoman Richards said the County Commissioners felt affordable housing on Aspen Mass would be too much sprawl and outside the urban growth boundary and not transit oriented. Councilman Johnson asked if the city has ever accepted TDRs as repayment for interest. Mayor Klanderud said they have not. Councilman Johnson asked if there is a way to say these TDRs can land only on the Zoline property. Mayor Klanderud said these TDRs cannot land in the city other than the Zoline Ranch. The County would have the authority to decide where these TDRs could land. John Worcester, city attorney, said that would downgrade the value of the TDRs. Councilman Torre moved to approve Resolution #93, Series of 2005; seconded by Councilwoman Richards. 3 Regular Meetin~ Aspen City Council November 28, 2005 Councilman Johnson said this was purchased by the housing fund and it was then decided not to be used for housing. Councilman Johnson said there is the issue of whether TDRs exist on property that is going to be open space. Mayor Klanderud noted this property was not designated open space; it was purchased with housing funds; them was a design competition; it will only become designated open space when this transaction is completed. Councilwoman Richards stated she will not vote to go forward with this sale to the open space fund if there was not a minimum of interest paid to the housing fund. Councilwoman Richards reiterated there was no free market appraisal and this property is being sold to the open space fund under valued. Mayor Klanderud stated repayment of interest is included in the resolution. All in favor, motion carried. REQUEST FOR NOISE VARIANCE - APRILS X GAMES Councilman Torre requested ESPN be contacted and asked to move the end of X Game contests at Buttermilk up one hour so that the noise variance will not have to go so late. Councilman Torre said the request to go to 2 a.m. for breakdown will be noisy and will be lit. David Laughren, representing the applicant, told Council the request to go to 2 a.m. is not a function of television coverage. Laughren said the schedule is good for both ESPN and for the city. Councilman Torre stated he is concerned about the residents and guests of Aspen who will be affected by the noise. Councilman Torre suggested the load out be abbreviated or not done at all until Sunday. Laughren said the load out Saturday night is to help get this event out of the park sooner. Councilman DeVilbiss asked about lighting during load out. Laughren said the venue will be lit for safety reasons; for spectators exiting and for bus loading. Laughren said it take 30 to 45 minutes to clear the venue; as long as buses are loading at the south end of the park, the lights should remain on. During that time, the stage will be broken down and loaded out. Council agreed with 2 a.m. Councilman Torte stated in the future, he would like the concerts to start and end earlier. Councilman Torre asked about the fencing and the prohibition against glass in the park and asked if plastic and cans be allowed in the park. Loren Ryerson, police department, said the major concern is broken glass on the field. It took many hours last year to pick up all the glass. The applicants will have security to keep glass out of the park. Ryerson said plastic and cans will not be allowed in the park for safety reasons. Councilman Torre stated he is not in favor of waiving the park fees or the parking fees. Councilman DeVilbiss asked how much louder than 100 decibels will this event be. Laughren said the sound is engineered to go toward the park and down. Inside the park the noise level may be 120 to 130 decibels, around the edges it may be 110 decibels and outside the venue it may be less than 100 decibels. Councilman Johnson asked if there will be cars in the venue. Ryan Miller, Aspen Skiing Company, said there will be 2 display vehicles; there were 2 vehicles last year. Miller said the vehicles are in a tent that is not transparent on the south side. Councilman Johnson said he has problems with alcohol in VIP tents and not available for the general public. Councilwoman Richards 4 Regular Meeting Aspen City Council November 28, 2005 asked how many security guards will be inside the venue. Anthony Ditman, ESPN, said they plan on security personnel every 75 feet. Councilwoman Richards said this is a big and exciting event and she appreciates all the work on these events from ESPN and the Ski Company. Councilwoman Richards cautioned about the crush factor in front of the bands or throughout the crowds. Councilman DeVilbiss stated he appreciates the interval of time between the end of the X Games and start of the concert to get everyone into town. Mayor Klanderud agreed there should not be a waiver of parks fee. · Councilman Torre moved to approve the noise variance for the apr6s X concert, not waiving the parks or parking fee; seconded by Councilman DeVilbiss. All in favor, motion carried. ACRA SERVICES CONTRACT Councilman DeVilbiss noted the memorandum states the ACRA has not reviewed the suggested amendment. Debbie Braun, ACRA, told Council she has reviewed it and it is fine. Councilwoman Richards moved to approve the ACRA services contract; seconded by Councilman DeVilbiss. All in favor, motion carded. RESOLUTION #94~ SERIES OF 2005 - Smuggler Mountain Acquisition Councilwoman Richards thanked John Worcester, city attorney, for years of effort in this project, also the parks department, the open space board, the Board of County Commissioners and other staff for their efforts. Councilwoman Richards also thanked the city voters who voted in favor ora ½ cent sales tax increase in 2000 for open space purchases like this. Councilman Torre asked about funds for clean up on Smuggler. Mayor Klanderud suggested getting this agreement finalized and then taking care of clean up. Councilman Johnson noted this pumhase is not the entire front of Aspen Mountain and there will be more purchases in the future. Councilman DeVilbiss moved to approve Resolution #94, Series of 2005; seconded by Councilwoman Richards. All in favor, motion carried. RESOLUTION #9L SERIES OF 2005 - 2006 Budget Paul Menter, finance director, told Council the 2006 budget is $84 million in appropriations plus $17.1 million in interfund transactions for a total of $101.6 million. Council reviewed every fund during their 6 work sessions. The operating funds are broken down by operations $40.5 million; debt $8 million; capital expenses $36 million. The 2006 revenues are projected at $94.9 million broken down to $30.4 million in taxes; $27.3 million in fees; $27.2 million in sale of housing units and $10.2 million in other. This is an assumption of 2% growth in sales, lodging and county sales taxes. 5 Regular Meeting Aspen City Council November 28, 2005 Menter projected the real estate transfer tax revenues based on historic growth pattems at $5.7 million in housing and $2.8 million in Wheeler. The water and utility revenues are based on the utility business plan approved in 2004. The development fees are assumed at $2.3 million and new staff requests will be funded from an increase in that revenue. The housing rental revenue is based on a 3% increase at Truscott and a 6.5% increase at Marolt. Menter showed the sales tax collections 1995 to 2005 actual versus inflation adjusted and noted although the collections have gone up, adjusted to inflation the revenue is flat. The budget assumes a 3% growth in fees, which has been the average over the past 5 years. Menter noted there is no change in the base operating budgets over 2005. there are new funding requests to cover a Zupancis interfund loan, new staffing, wind power and a contribution to partner with the Schools district to purchase artificial turf for the school fields. The staff requests are 4.5 employees for the community development department to help with the increase in demand for services; a public works director; a city-wide property manager; and an ARC maintenance person. This will be a 3.4% increase in full time staff from 252 to 260.5 employees. The capital budget of $36 million includes finishing Burlingame ranch, improvements to the utility system, general fund capital, parks & trails, purchase of hybrid buses, parking & transportation, Wheeler Opera House, Marolt housing and golf course improvements. Menter told Council the city's budgets are generally sustainable for 2006; the biggest challenge is the transportation fund. The general fund will be sustainable based on sales tax continuing to grow at 3% per year; the mitigation funding assumptions for fractional ownership developments, the appropriate overhead calculations and the implementation of the approved business plan for the Aspen Recreation Center. Mayor Klanderud opened the public hearing. Pamela Cunningham asked about mitigation for fractional ownership, what assumptions has staff used. Sales tax from lodging totals about ½ of the sales tax revenues. Menter said the mitigation fees in 2006 are from the Grand Hyatt project, agreed to in 2001 between the city and the developer. The mitigation fees for the Hyatt are $4 million, $2 million of which should be received in the next 2 years. Mayor Klanderud closed the public hearing. Councilman Torre brought up the funding for the artificial turf at the high school and the process with which this was brought to Council. Councilman Torte said he has not heard input from the School Board, coaches, or parents. Councilman Torre asked where the request originated and why did the school district come to the city at the last minute. Diana Serko, superintendent of schools, told Council many parents and community members have talked about the limited availability of the school field and the length of time the field can be utilized. Ms. Serko said a field with artificial turf would have 2-1/2 to 3 times the length of use than a grass field. Ms. Serko said the city uses the fields during the summer and some weekends in the school year. Ms. Serko said the District 6 Regular Meeting Aspen City Council November 28, 2005 has agreed to use $300,000 from the funds of sale of the Red Brick and Yellow Brick schools, which fund can only be used for capital projects. Ms. Serko said the school felt by partnering with the city, this would be a much better project. Ms. Serko told Council the school and the city spends $25,000/year each on upkeep of these fields. Ms. Serko noted the school district has been working on a bond issue and until they knew the outcome of that bond issue, they did not know if they would have money for the fields. Ms. Serko said in discussions with parents about the athletic fields, other desires are upgrading the bleachers, adding a press box and adding lights for night games. Ms. Serko said having a stadium with lights is a community resource. Those other improvements will be paid for with donations. Ron Morehead, coach, told Council he is a parent as well as a coach and involved with football, baseball, soccer and lacrosse. Morehead said there are not enough fields for the sports going on at the school now. Morehead told Council sports and the participation in sports is increasing. There have been no new sports fields in the past few years. Councilman Torre said he does not feel there have been enough public discussions about the lights at this field. Ms. Serko said the school district will be going through construction in the next year and would like to be able to piggy back these projects, which will be a savings and economies of scale. Morehead said the lights will be studied, looking at the highest tech lights, the lowest ranges, in order to sell it to the community. The intergovernmental agreement will come back to Council for approval. Mayor Klanderud said for her a compelling reason to move ahead is the construction planned at the schools. Mayor Klanderud noted Council has been discussing artificial turf for several years and whether to put it on playing fields or on parks. Councilman DeVilbiss agreed the funds for the artificial turf came up precipitously. Councilwoman Richards said there were no written proposals or costs on this issue; however, she does support it and would like to see in the contract that the school district will be saving for replacement of the artificial turf for the field. Councilwoman Richards moved to adopt Resolution//91, Series of 2005, the 2006 budget as presented; seconded by Councilman Johnson. Councilman DeVilbiss stated he is opposed to giving ~ity funds to Comedyfest, a private for-profit organization sponsored by HBO. Mayor Klanderud stated she, too, does not support funding the Comedyfest; however, this budget includes much more than just funding the Comedyfest. Councilwoman Richards said she has some concern about projecting 3% growth over the next 10 years. Councilwoman Richards said there is always a compromise in a $100 million budget and she supports the programs in the budget. Mayor Klanderud said the economy since 2001 has not been swift but has been a step by step recovery with efforts from the city, ACRA, the School District, Ski Company, and the business community. The city should not rest on their laurels and must be alert to what can happen in the future. Mayor Klanderud said Council may look at being more restrictive with special events in the future. This community has come together and the budget is a result of that collaboration. All in favor, motion carded. 7 Regular Meeting Aspen City Council November 28~ 2005 RESOLUTION #92~ SERIES OF 2005 - 2006 Mill Levy Paul Menter, finance director, told Council this resolution adopts a mill levy of 5.41/$1000 assessed value. This money is used to support general government operations and to pay for asset management improvements. The ballot measure in November 2005 authorized the city to retain property taxes in excess of the constitutional limit for 4 specific projects for the next 5 years. The ballot measure assumed the amount would be about $404,000 annually. This was done before the values were certified by the assessor this fall. The taxable value of the community has increased faster than average so the excess property tax revenue may be up to $560,000 in 2006. Mayor Klanderud opened the public heating. There were no comments. Mayor Klandemd closed the public hearing. Councilman Johnson moved to approve Resolution #92, Series of 2006, setting the mill levy; seconded by Councilman Torre. All in favor, motion carded. ORDINANCE #48, SERIES OF 2005 - Wheeler Board Composition Randy Ready, assistant city manager, told Council this has been reviewed by the Wheeler Board and received unanimous approval. This has been discussed with Council in work sessions. The ordinance will reduced the size of the Wheeler Board from 9 to 7, will create a non-voting ex officio representative of the Aspen Music Festival and School, will continue with a youth representative and will make all the appointments at large rather than representing specific sectors. This will also empower Council to disqualify any board candidate who appears to have conflicts of interest. Mayor Klanderud opened the public hearing. There were no comments. Mayor Klandemd closed the public hearing. Councilwoman Richards noted the ordinance is silent on how the appointment of the member representing the Aspen Music Festival happens. Council said the AMFS will appoint their member. Councilwoman Richards moved to adopt Ordinance #48, Series of 2005, on second reading; seconded by Councilman Torte. Roll call vote; Councilmembers Johnson, yes; DeVilbiss, yes; Torre, yes; Richards, yes; Mayor Klanderud, yes. Motion carded. ORDINANCE #38~ SERIES OF 2005 - Snyder PUD Amendment James Lindt, community development department, reminded Council this is a request from Snyder homeowners to allow 8 one-bedroom units to finish their basements. P&Z recommends allowing the basements to be finished with uses other than bedroom and bathroom. At the last public hearing, Council requested additional information, which staff and the applicant have provided. Included is the housing office policy on renting Regular Meeting Aspen City Council November 28~ 2005 affordable units; number of different types of units in the current housing authority; other projects with unfinished basements that could make similar requests - the housing office could not think of any other projects like that. Lindt told Council 5 of the 8 units requesting to finish the basement have two doors into the basement. 4 of the 8 units have cable and phone jacks. Lindt said a chart of the pros and cons for 3 options has been included. The 3 options are to approve finished basements with additional bedroom; option 2 allows finished basements without bedrooms and denies the request to finish the basements, which would allow them only to be used for storage. Lindt noted either of the first two options would allow for increase livability. The enforcement of options 2 and 3 would be difficult and the housing office would have to rely on complaints from neighbors. Lindt stated option 2, finish the basement without bedrooms, would be the best option with the lowest risk for impacts on the neighborhood. This would increase the livability of those 8 units. Lindt noted the ordinance as presented would allow finished basement without bedrooms. Sara Broughton, representing the applicants, stated these basements were built with egress, which means they could be used in the future. The applicants are requesting maximum use for the basements. This is not setting a precedent; the basements are already physically there. This does not change the footprint but works within the existing conditions at Snyder park. Dan Glick, representing the homeowners, said the issues at the last meeting were with the neighborhood and increase the density. Glick noted there are only 8 legal parking spots on Midland avenue. These parking spaces are already full with construction workers. There is no more room for cars or for parking on the street. Glick said finishing existing basement is environmentally friendly; there is no physical impact. The spaces are below ground, there will be no light pollution and no noise pollution. This space is energy efficient; it stays cool and will take little to heat. Glick said he would like to be able to finish the 750 square feet to allow an office and a bathroom; this would make his unit seems more like a home than an apartment. Councilman DeVilbiss asked if the sewer line is low enough to serve these spaces. Glick said it is below the concrete slab in the basement. Councilman Johnson asked if this would increase the FAR. Lindt said these spaces are already included in the FAR because they have egress wells. Councilwoman Richards said the only real objection has been the parking issue. Councilwoman Richards said if the basement allows only powder rooms, there is less chance the space will be rented out and less chance for more cars in the neighborhood. Councilwoman Richards stated she supports the request to allow the basements to be fully finished to make them as livable as possible. Councilwoman Richards said for resale purposes these units need to be listed as one-bedroom units with an office. Allowing a half bath makes it more likely it would not be rented out. Tom McCabe, housing director, said installing a half bath would probably see people renting these spaces and having some impact on parking. McCabe said this project was well thought out and integrated into the community with reduced density. McCabe said this was an expensive project. The basements were put there for structural integrity only so as not to increase the density in the neighborhood. John Redmond, Snyder resident, told Council everyone in the complex is in support of this request. Redmond noted the Regular Meeting Aspen City Council November 28~ 2005 only full bathrooms in the one bedroom units are through the bedroom. People would not want to rent and having renters go through their bedroom. Councilwoman Richards moved to adopt Ordinance #38, Series of 2005, on second reading allowing ½ bath with sink and toilet and not putting any constraints on the use of that space; seconded by Councilman DeVilbiss. Councilman Johnson said this space became available because on construction reasons, it seems wasteful not to allow the space to be finished. Councilman Johnson stated he does not see a distinction between ½ bath and full bath relative to parking or enforcement. Councilman Johnson said each owner could have a spouse or partner now, which could lead to 2 cars. Councilman Johnson said he does not want to create a situation encouraging people to break the law or to create onerous restrictions on affordable housing units. Councilman Johnson said he does not have problems with illegal renters; the housing authority and homeowners association will police that. Councilwoman Richards said in trying to respect the bargain with the neighbors and to utilize the space, a ½ bath is more likely to be used by a family member than be rented out. Mayor Klanderud stated she can support the ½ bath. Ms. Broughton pointed out the east end is changing and becoming more dense and urban and this project will be an island amongst the density. Councilman Torre asked whether the finished square footage would affect the resale value. Lindt said they may only request the 10% capital improvement increase in the sales price. Roll call vote; Councilmembers yes; DeVilbiss, yes; Johnson, yes; Richards, yes; Mayor Klandemd, yes. Motion carried. ORDINANCE #46~ SERIES OF 2005 - Aspen Meadows SPA Amendment James Lindt, community development department, told Council this is a request to expand the health center by 3300 square feet. P&Z recommended approval of this request. The FAR has already been accounted for with 1800 square feet added as part of the SPA approval in 1991. Another 1500 square feet of FAR was to be used as part of the lodge and has been reallocated to the health center. The HPC reviewed this proposal and feels it is appropriate. Lindt said the square footage was already considered and allocated through the GMQS. Lindt said the review standards have been met for an SPA amendment as well as for growth management review. There was an issue with the parks department with the foundation plan for the yoga studio and the applicant has provided a new plan and the parks department is satisfied with that plan. Staff recommends approval of this request. Amy Margemm, representing the Aspen Institute, told Council this is the final piece of the master plan approved in the 1990s. There is no new FAR and this piece will complete the mission of the Institute to address mind, body, and spirit. The proposal is to bring the health center up to modem standards as well as address the ADA requirements. 10 Regular Meeting Aspen City Council November 28~ 2005 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Olivia Emery, architect for the project, showed Council a model and pointed out the new construction. Councilman Johnson moved to adopt Ordinance #46, Series of 2005, on second reading; seconded by Councilman DeVilbiss. Councilwoman Richards said she supports this request as well as everything that has been done at the Meadows and their contribution to the community. Councilwoman Richards noted the entire Meadows SPA was created and exempt from the affordable housing requirements. Councilwoman Richards encouraged the applicants to look at the property to see if there is any place that some affordable housing could be accommodated. Roll call vote; Councilmembers Richards, yes; DeVilbiss, yes; Johnson, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. RESOLUTION #69~ SERIES OF 2005- Conceptual PUD Lodge at Aspen Mountain Councilman Johnson left due to a conflict of interest. James Lindt, community development department, reminded Council they have had several public hearings on this application. If granted conceptual approval, the applicants will require final review by P&Z and by Council. Council's issue has been the scale and massing of this proposal. Chris Bendon, community development department, noted there is no authority for Council to demand financial information and it would not be proper to do so. Bendon made a correction to staff's memorandum to read, "Staff believes there is no authority to demand financial information from an applicant and believes it would not be proper to do so if the applicant is not willing to disclose their financial documents voluntarily". Lindt stated this is the best location for a lodge project. Lindt agree the original proposal was out of scale with the neighborhood. Staff supported the project because they felt the use was appropriate; the community benefits were favorable; and this was a better use than the approved town home project. There have been changes to the proposal since Council first saw it and the reductions make it more compatible and consistent with lodging projects on the south side of Durant avenue. Lindt suggested an additional condition for this resolution requiring the applicant to provide additional details on the lift improvements as part of the final PUD application. Staff has provided a chart comparing the floor areas for the different uses within the town home project and within the proposed lodge project. John Sarpa, representing the applicants, told Council they have listened to the Council and to the community and have again revised their project. The applicants believe after the hundreds of hours spent on this project, it is a good project. There were 10 meetings 11 Regular Meeting Aspen City Council November 28~ 2005 with P&Z and this is the 5th Council meeting and countless hours of meetings with neighbors. Sarpa enumerated the compelling masons for this project to go forward; one is hotel rooms. There has not been a hotel project in front of Council for a long time. This project contains 80 pure hotel rooms and is located on the west side of the mountain where there are very few hotel rooms. There are not many pieces of land that can accommodate a hotel. Another benefit is competition for the resort. Sarpa told Council the applicants have discussed this project with hotel operators who feel this project will fill a niche in the Aspen market. Sarpa stated this will be competitive hotel rooms in the right place at the fight scale. Sarpa said if this project receives conceptual, it will take a year for final review and it will take 2 or 3 years to build and 2 or 3 years to have a stable operation. Sarpa stated another compelling reason to approve this project is to improve the condition of South Aspen street. Sarpa told Council they have discussed South Aspen street with new purchasers of the Holland House and the Skiers Chalet and the possibility of forming a metro district to do street improvements to help defray the cost of these improvements. The 3 properties would be allocated a mill levy and float a bond for these improvements. These costs would not be borne by other property owners in this area. Sarpa said the applicants looked at whether a new lift can be incorporated in bonding and it cannot be because a lift does not have a public purpose. Sarpa said they looked at other tax incentives; however, they do not feel it is appropriate to ask for special treatment in a tax sense that might be a precedent for other tax requests. Tax incentives do not provide a large enough chunk to make a difference in the costs of this project. Councilman Torre moved to suspend the rules and extend the meting to 10:00 p.m.; seconded by Councilman DeVilbiss. All in favor, motion carried. Boots Ferguson, Holland and Hart, told Council they looked into a metro district to help funding the lift improvements. Ferguson said metro districts provide funding and monies for operation of public improvements. Ferguson told Council bond counsel does not feel lifts are public improvements. Sarpa noted the affordable housing has been moved to a better location within the site. Since the last presentation, the applicants have dropped a fractional unit and added 2 more affordable units. Sarpa said the applicants propose to house at least 100 people. The applicants have land under contract that will be a new affordable housing project. This is mitigation; however, many of the employees are already in Aspen and this will open up accessibility to housing. The proposal is 16 three- bedrooms, 16 one-bedrooms and 14 studios. Sarpa said the mass and height has been a key issue for Council. The applicants have worked hard to make this a 3 story building wherever possible. Sarpa showed an elevation with the original proposed height and the current proposal. Sarpa pointed out where the building is 3 stories. Sarpa showed where it is higher than 3 stories. Sarpa said they lowered portion of the building 2 feet across a 120 foot span. Sarpa said the building has been lowered at both ends next to other project. Sarpa pointed out where the building has been lowered so the view through to Shadow Mountain is more accessible. The applicants took a floor off adjacent to the Juan street units. This is a 9,000 square 12 Regular Meeting Aspen City Council November 28, 2005 foot or 5% reduction out of the hotel and fractional components. Sarpa stated the applicants feel this design still works. As brought up at the last meeting with Council, the applicants have added another layer of underground parking. Sarpa said parking will be an issue in this part of town and the applicants would like to add an extra layer of parking and sell or rent it in order to gain revenue to go towards the 9,000 square foot reduction. Sarpa stated this project fits with the scale of the neighborhood. Bill Poss, architect, noted the design of the building tries to relate to the neighbors to the north and to the south so the building has been lowered on both ends to 3 stories. The height in those areas is 32' and 34'. They attempted to keep the roofs the same height going up the hill. Poss showed where the elevator tower has been pulled in and moved south. The entry court has been dug to keep the building level. Poss went over the heights and showed where they were reduced from 72' to 47'. Poss showed the backside elevation and the height of 41 '. Mayor Klanderud opened the public heating. Doug Allen, representing Lift One Condominiums, told Council they are still in support of this project and are happy to see mom improvements in this iteration. Allen said with the new Dean street, something should be done to the west end of Dean street to balance the mountain. Allen stated the commitment to fund a new lift is a large commitment. Providing more underground parking is a community benefit. There is a firm commitment to work with the developers to make Aspen street safer. Jeff, manager of the Snow Queen Lodge, said he does not see a reason to build just because there is vacant land. Jeff stated the smaller lodges would disagree with the need for another large corporate hotel. David Ellis, Timber Ridge Condominiums, concurred with Doug Allen's comments. Ellis stated this project with the current modifications has additional benefits for the Timber Ridge lodge as well as the community. Bill Tomcich, Stay Aspen Snowmass, told Council this project is supported by his Board of Directors. Tomcich told Council products like these proposed hotel rooms are in hot demand and easy to sell. High end units are what the customers are looking for. David Perry, Aspen Skiing Company, told Council this is a dark neighborhood and this project would be gmat to revitalize the area. Perry said this project has the ability to be a catalyst for the neighborhood. Aspen has positive business momentum right now with 3 years of skier day growth. A project like this will help keep the positive momentum going. Perry said Council has asked why the Ski Company is not rebuilding lift lA. Perry said the Ski Company has 40 lifts with an improvement and replacement plan. Lift lA does not even appear on the replacement schedule. The Ski Company does not have a compelling mason to replace this lift. Perry said if there is an opportunity to fund lifts through real estate development that is another way to get upgraded lifts. Derrick Johnson, representing all 6 Juan Street homeowners, stated they support this project. The homeowners have been working with the developer through this entire process. Johnson said this is a more desirable project than the approved townhouses. 13 Regular Meeting Aspen City Council November 28, 2005 Dylan Johns, P&Z member speaking for himself, stated this has been a good process and it is significant there has been broad based support from the neighbors. This site is one of the most appropriate sites for lodging in Aspen. Johns reminded Council when the new land use code amendments were passed recently, townhouses as an allowed use in the lodge zone was eliminated. Johns said this site is able to accept a higher level of development. Stan Hajenga, Mountain Chalet, told Council he was originally opposed to the project but through the process agrees it will enhance the entire area. This developer working with the neighbors has been exemplary and the developer has gone the extra mile. Hajenga noted this has been a model of working with neighbors and scaling the project down to make everyone happy. Lindt entered letters into the records from Todd Klingworth, in support; Steve Kaufman, in support; Rick Jones, ACRA chair, in support; and Yasmine dePagter opposed. Mayor Klanderud closed the public heating. Sarpa asked what type of developer a project like this would be most appropriately entrusted to. It should be a creative entity, one with a lot of experience, one with significant resources and one with a historic relationship with Aspen. Sarpa said he feels his team has demonstrated creativity; they have a lot of experience; they have a financial relationship with Goldman Sachs and the team has community connections. Sarpa said the team asked whether this was an appropriate use of the land and whether it makes sense, and is the timing appropriate. Sarpa said the applicants would like to work with the city to revitalize this side of the mountain. Councilman DeVilbiss said the height has been reduced from 72' to 47' and 72' was a ridiculous expectation. Councilman DeVilbiss said the issue of financing would not have been an issue had the developer not stated the economics required a project of this scale. Councilman DeVilbiss noted the land use code states when there are two regulations in conflict, the greater requirement shall be deemed controlling. In the definition of planned unit development, certain zone district regulations may be varied. Councilman DeVilbiss stated that definition is the only place that provides for a variance of the underlying zone district regulations. The PUD regulations contain no specific language to provide for a variance. Councilman DeVilbiss pointed out the review standards state the burden shall rest on the applicant to show the reasonableness of the development application and its conformity to the standards. Councilman DeVilbiss said he does not agree that a PUD carries with it the right to vary the underlying zone district requirements. It is up to an applicant to show the reasonableness of a development application. Councilwoman Richards said this is a difficult application. Councilwoman Richards agrees with the letters Council has received stating this application is a little out of scale. Councilwoman Richards agrees that a lodge is better than townhouses on this site. Councilwoman Richards agreed there is public benefit to a new lift and a restaurant at the base of lA. Councilwoman Richards agreed this project has approved every time it has been before Council and it would have been preferable to see a project this size at the beginning rather than have to whittle it down a little every time it was before Council. This is a large and a difficult site and it should be handled with a lot of care. This project 14 Regular Meeting Aspen City Council November 28~ 2005 is the struggle between old and new Aspen and embodies a lot of fear among residents; how much character of the town will remain. Council has dealt with stagnation and the declining economy and has tried to find a balance for a sustainable economy. Councilwoman Richards said the applicant has been responsive to Council's concems; however, she would like to see the applicant do better at final. Councilwoman Richards stated she is willing to support conceptual but that does not mean she will support this project at final. Councilwoman Richards noted the townhouse project was approved at an FAR of .83:1 and this is 1.86:1, the lodge is more than double the townhouse project. Councilwoman Richards said her idea is to start with the original project and look at what needs added to accomplish the goals. Councilwoman Richards said for final review, she would like to see the view from Shadow Mountain and how this interacts with the mountain. Councilwoman Richards agreed larger buildings can have the ability to frame a town; however, this building does not seem to be interactive with Aspen street. Councilwoman Richards said there seem to be opportunities for seating areas or art or fountains. Councilwoman Richards said she would like to see there be more separation between the 3 buildings. Councilman Torre agreed there is work to be done before final review. Councilman Torte said he would like a better interactive streetscape to make this building part of the community. Councilman Torte stated his greatest concern is South Aspen Street. Mayor Klanderud said the big issue is what is appropriate for this site and townhouses are not. This site is for lodging and to invigorate the base of the west side of Aspen Mountain. Mayor Klanderud said the approval was for 14 townhouses; this is 80 hotel rooms, 21 fractional units, 4 free market units and 16 affordable housing units. Mayor Klanderud stated building townhouses would be a decision the community would regret in the future. Mayor Klanderud said planned unit developments are an area where Council has discretion. Mayor Klanderud said there is a place for all types and sizes of lodges in Aspen. The community needs strong small lodges and new lodges. Mayor Klanderud the applicants need to give thought to what the buildings built today will look like in 50 to 100 years. Mayor Klandemd stated she supports this project at conceptual. Councilman DeVilbiss said he understands the rational for putting lodges at the base of the mountain, for improving lift lA and that a lodge is better than townhouses. Councilman Torre moved to suspend the rules and extend the meeting to 10:15 p.m.; seconded by Councilman DeVilbiss. Councilman Torre moved to approve Resolution #69, Series of 2005, with an amendment in Section 10 regarding lift improvements; seconded by Councilman DeVilbiss. All in favor, motion carded. Councilman Torre moved to adjoum at 10:10 p.m.; seconded by Councilmaja D?V~tbiss. All in favor, motioncatried. / ~ / f]~ ~ ~~]