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