HomeMy WebLinkAboutminutes.council.20100222Regular Meeting Aspen City Council Februarv 22, 2010
PROCLAMATION - IPC 2010 Alpine World Cup Finals ................................................ 2
CITIZEN COMMENTS ..................................................................................................... 2
COUNCIL COMMENTS ................................................................................................... 2
CONSENT CALENDAR ................................................................................................... 3
• Minutes -February 8, 2010 .................................................................................... 3
• Resolution #16, 2010 -Contract to Sell Real Estate - 104 W. Cooper ................. 3
ORDINANCE #5, SERIES OF 2010 -Code Amendment -Wildlife Protection ............. 3
ORDINANCE #6, SERIES OF 2010 -Code Amendment Affordable Housing Credits... 4
REQUEST FOR FEE WAIVER -Aspen Jewish Community Center ............................... 4
RESOLUTION #17, SERIES OF 2010 -Aspen Jewish Community Center Request for
Extension of Vested Rights ................................................................................................. 6
ORDINANCE #2, SERIES OF 2010 -Aspen Club SPA/PUD ......................................... 6
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ReEUlar Meetiu¢ Aspen City Couucil Februarv 22, 2010
Mayor Ireland called the meeting to order at 5:05 p.m. with Councilmembers Skadron,
Johnson, Romero and Torre present.
PROCLAMATION -IPC 2010 Alpine World Cup Finals
Mayor Ireland and Council proclaimed February 28 to March 6 International Paralympics
Committee world cup finals/winter games celebration week and presented the
proclamation to Houston Cowan, Challenge Aspen. Cowan told Council pazalympic
athletes from 18 countries are converging on Aspen where they will compete in the only
IPC world cup in North American before heading for the Paralympics in Whistler.
Cowan thanked the community for their support and told Council there are over 350
volunteers helping out with this event.
CITIZEN COMMENTS
1. Roine St. Andre told Council her family has been trying to determine what can be
built on their property along the roaring Fork river. Ms. St. Andre said they met with the
community development department who told them they could not determine the top of
slope and that they had to hire a private planning consultant. Chris Bendon, community
development director, told Council this is a complicated area and the top of slope was not
captured well. Bendon said in order to determine a building envelope, the property needs
to go through stream margin review and go to P&Z and a survey will be required.
2. Denis Murray urged Council not to save money in affordable housing projects by
eliminating some ADA units. Murray told Council when he was injured his goal was to
return home. Murray pointed out people who live in affordable units maybe injured and
need ADA units to return to. Mayor Ireland said this may be a large cost in affordable
units. Council will keep this in when reviewing applications for affordable housing.
COUNCIL COMMENTS
1. Councilman Torre said the Wheeler is having an amazing show line up including
the all Texas weekend and Marc Cohen Tuesday night.
Mayor Ireland proclaimed it to be an epic ski day.
3. Mayor Ireland said he is impressed with the class of Aspen's competitors at the
Olympics who have acted with grace regardless of the outcome.
4. Mayor Ireland noted the high school basketball team is undefeated and
encouraged people to attend their next game Wednesday night.
5. Mayor Ireland announced RFTA has been included as a regulaz appropriation in
President Obama's budget for transportation. In the competitive grant process, RFTA has
received $24 million for bus stops, rights-of--way, rolling stock. There will be a local
match.
Reeular Meetine Asueu City Council Februarv 22 2010
6. Chris Bendon, community development department, told Counci] they are
sponsoring a film March 15` at 5:30 p.m. at the Wheeler Opera House about architect John
Lautner. This is a free event sponsored by the Wheeler, Rowland and Broughton, Kim
Raymond, the Aspen Art Museum and Blue Green.
7. Steve Aitken, director of golf, introduced the city's new head golf pro, David
DiMartino.
8. Councilman Romero announced RFTA is holding open houses about their bus
rapid transit program. There was an open house at CMC where the main topic of
discussion was the pedestrian crossing on highway 82 between the airport and the airport
business center. Councilman Romero suggested the city, county, RFTA and CDOT
cooperate to address the public safety concerns. Councilman Romero noted this is an
important intersection and needs attention.
9. Councilman Romero said the fire department will reoccupy the downtown station
this spring and if anyone is interested in a tour, they should contact fire chief Daryl Grob.
19. Mayor Ireland noted he attended the state transportation advisory committee
meeting in Denver. The forecast for long range spending is bleak and will leave the
system in worse shape than it is now.
CONSENT CALENDAR
Councilman Torre moved to adopt the consent calendar; seconded by Councilman
Romero. The consent calendar is:
• Minutes -February 8, 2010
• Resolution #16, 2010 -Contract to Sell Real Estate - 104 W. Cooper
All in favor, motion carried.
ORDINANCE #5, SERIES OF 2010 -Code Amendment -Wildlife Protection
Councilman Torre moved to read Ordinance #5, Series of 2010; seconded by Mayor
Ireland. All in favor. motion carried.
ORDINANCE N0. 5
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL CODE,
SOLID WASTE, WILDLIFE PROTECTION.
Regular Meeting Aspen Citv Council Februarv 22 2010
Mayor Ireland said he met with representatives of the Northern Ute tribe; they are
interested in being a sister city. It has been 130 years since there has been a Ute Bear
Dance in this area.
Jim True, special counsel, told Council by second reading, there will be comments about
the 120 squaze feet allowed for a trash enclosure and the ordinance maybe amended then.
Councilman Romero moved to adopt ordinance #5, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes;
Johnson, yes; Tone, yes; Romero, yes; Mayor Ireland, yes. Motion carried.
ORDINANCE #6. SERIES OF 2010 -Code Amendment Affordable Housing Credits
Councilman Tone moved to read Ordinance #6, Series of 2010; seconded by Councilman
Romero. All in favor, motion canied.
ORDINANCE N0. 6,
(SERIES OF 2010)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE TEXT OF THE LAND USE CODE OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO
Councilman Skadron asked whether staff feels this will encourage or inhibit
development. Councilman Skadron asked how this amendment might affect how the
affordable housing mitigation is being met. Councilman Skadron asked about pricing of
the units. Councilman Skadron asked how this might affect neighborhood character.
Chris Bendon, community development deparhnent, told Council these projects will go
through the normal review process, there is no special process. Bendon said this
amendment may encourage affordable housing by giving another option to developers to
receive housing credits that maybe sold to other developers. Bendon said this would be
an option in growth management to allow a developer to purchase these units as part of
housing mitigation for their development. Bendon told Council the housing credits are
issued to the developer of the affordable housing and they are transferable and on the
open market. The city does not set the prices; these are transferable properties.
Councilman Johnson requested a market analysis on how this might have looked over the
last 5 yeazs.
Councilman Tone moved to adopt Ordinance #6, Series of 2010, on first reading;
seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes;
Skadron, yes; Tone, yes; Johnson, yes; Mayor Ireland, yes. Motion canied.
REQUEST FOR FEE WAIVER -Aspen Jewish Community Center
Chris Bendon, community development department, told Council applicants going
through the planning review aze charged an hourly rate based on the time the case planner
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Re¢ular Meeting Asaen City Council February 22 2010
spends on the case. This fee includes overhead, direct and indirect costs. The
community development department takes a deposit to cover 12 hours of staff time and
anything in excess of 12 hours is billed for. Bendon reminded Council the Jewish Center
on Ute Avenue was complicated and required a lot of staff time and P&Z and Council
meetings. There is a balance of $13,600. Bendon recommended this be resolved before
staff accepted the application for vested rights.
Rabbi Mentz told Council the applicants for Ute Avenue met with misinformation which
extended the staff and Council time. Rabbi Mentz said the Jewish Community Center is
anon-profit organization. Councilman Romero asked if there have been other requests
for fee waivers. Bendon reminded Council the applicants for 219 S. Third received a fee
waiver under special circumstances; the Red Butte cemetery also received a fee waiver.
Staff established a policy regarding fee waivers and they are only allowed upon Council
approval and for internal projects and when the fee is out of balance with staff time, such
as very small projects.
Councilman Johnson noted the request from Rabbi Mentz states the Jewish Community
Center is receiving more requests for assistance, tuition and basic needs. Rabbi Mentz
said there have been more requests in the last two years for help with basic living
expenses. Councilman Torre said the fees are a cost of doing business. Councilman
Torre noted he looked over the charges to see if there were any city-induced costs;
Councilman Torre said he would support a partial wavier but not a waiver of all the fees.
Mayor Ireland noted Council should not waive fees but could make an allocation from
the general fund to pay these fees as there are costs associated with staff work. Mayor
Ireland said development should pay its own way. Mayor Ireland stated he is
disappointed that development of the Ute avenue site is being abandoned; it was an
appropriate site for the proposal. The abandonment was not the choice of the applicant
and the applicant argues they did not create the staff time expense. Mayor Ireland agreed
this should not be a waiver of 100% of the fees; there is some risk in land use
applications.
Councilman Johnson agreed the waiver should not be 100% and suggested a 50% waiver
and a 50% credit toward future building permits. Councilman Skadron stated he, too,
thought the development on Ute avenue was appropriate. Councilman Skadron agreed
waiving fees is a dangerous precedent. Councilman Skadron asked how this would affect
other city expenses since this was not planned for. Steve Barwick, city manager,
suggested this could come out of Council contingency. Mayor Ireland said it could also
come from reserves or budgetary savings. Barwick noted a work session on the city
financial condition is scheduled in March. Barwick said Council should consider what
makes this request different from others that will come forward.
Councilman Romero asked how many non-profits may have requested wavier of fees.
Bendon said it could be substantial. Councilman Romero said the city needs to set
criteria and high standards for these type of requests. Councilman Romero agreed there
needs to be an appropriateness factor and applications that are in line with community
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Regular Meetine Aspen City Council February 22 2010
initiatives or public benefit. Councilman Romero noted there is some risk in going
through the land use process and he could support an 80%/20% split, the applicant paying
the 20%. Councilman Romero said he will wait until the financial update to determine
where the city's share could come from. Councilman Torre said he would support this
with the split going the other way.
Mayor Ireland suggested this come back as a supplemental appropriation identifying the
amount of fees collected from non-profits in general over the past yeaz so Council can see
the precedent being set.
RESOLUTION #17, SERIES OF 2010 -Aspen Jewish Community Center Request for
Extension of Vested Rights
Chris Bendon, community development department, told Council staff supports this
request as they felt it was a good project. The HPC review was difficult and the applicant
stayed in the process and was responsive to staff s requests. Bendon said the project was
supported by HPC, P&Z and Council. There aze extenuating circumstances with the land
use application for the Ute Avenue site. Bendon entered into the record a letter from
Meta Barton opposed to the Jewish Center on Main street.
Mayor Ireland moved to approve the extension of vested rights, Resolution #17, Series of
2010; seconded by Councilman Romero.
John Worcester, city attorney, suggested an amendment to include a date of March 1,
2013.
Mayor Ireland moved to amend the motion to include the date March 1, 2013; seconded
by Councilman Romero.
Bendon pointed out condition #1 speaks to the payment of the outstanding fees and this
should be deleted.
Mayor Ireland amended his motion to delete #1 in Resolution #17; seconded by
Councilman Romero.
Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland
closed the public hearing.
Councilman Torre said he would like to see the plans for the changes as approved by
HPC in final design review.
All in favor, motion carried.
ORDINANCE #2, SERIES OF 2010 -Aspen Club SPA/PUD
Councilman Torre is recused because he is employed by the Aspen Club.
Regular Meeting Asaen City Council February 22, 2010
Jessica Garrow, community development department, reminded Council there are 7
reviews associated with this application. The SPA designation is requested to allow for
multi-family affordable housing as well as the timeshare lodge use on site. The SPA
amends the allowable uses on a parcel; there are a number of SPAS throughout the city.
The ordinance has listed the applicant's commitments to pay for infrastructure impacts.
Ms. Garrow told Council the applicant has been working with the engineering department
on their drainage plan and staff has suggested adding language "the applicant shall
receive engineering department approval for their drainage plan prior to the engineering
department sign off on their final plat" to section 2. Ms. Garrow said exhibit Y are letters
received today from Peter Louras, Gina Pogliano, in favor and Richard Freedman, Chuck
Meyer and Junee Kirk opposed.
Councilman Johnson asked the total cost of the proposed sidewalk and who is paying the
balance. Ms. Garrow told Council the applicant is paying for improvements along their
property line; the $70,000 is for sidewalk improvements along the Benedict property and
the balance will be paid for by the city and the Benedict property owners. Councilman
Johnson said he is not confident that traffic levels on Ute avenue can be kept the same
and asked for more details about the traffic management plan. Councilman Johnson said
he feels the proposal is under parked. Michael Fox, applicant, agreed there is a balancing
act on supplying or limiting parking. Councilman Johnson said he would like to see a
plan with increased parking and how that could be done without impacting the site.
Councilman Skadron asked if there is a list of community benefits promised under the
1990's approval. Ms. Garrow noted the criterion for public benefits is through the SPA
process and there was not a SPA review for the previous approval. Sunny Vann,
representing the applicant, told Council when this property came through previous
hearings, it was zoned RR and there was no requirement for public benefit. When the
owner came through in 1996 and moved the entrance to Ute avenue, an SPA designation
was not required.
Fox outlined community benefits directly as a result of this project; first is that the club
remains a valuable community asset. There will be reinvestment in the club; it will be
upgraded; programming will be increased; new equipment will be added. Fox stated they
will memorialize continued operation of the club as a health club as long as the timeshare
exist. The applicants will continue accessibility to the public; there will be new
employment and career opportunities.
Fox said there will be a safer Ute avenue and they propose adding speed humps, and a
walkway across to Ute trail. Fox said transportation management items they have
proposed included fixed route and on-demand shuttles, bus passes, car pool matching and
car pool parking, employee and member incentives; housing preference for people who
do not have cars, car rental discounts for club guests, bike and car share programs. There
is accountability and reporting required in this program. Fox told Council the applicants
propose to pay for and build a covered bus stop on Ute avenue. Fox said there will be a
permanent trail easement through the property and the Ute trail will be extended to the
east.
Regular Meeting Aspen City Council February 22 2010
Fox noted the proposal includes 12 two-bedroom affordable housing units on site For a
total of 26 employees living on site. This will get cars off the road and will allow people
to live in town and to have access to transportation options. Fox said this proposal is for
3 times more employees on site than the project will generate. Fox said another benefit
is the environmental leadership of this program. The applicants have committed to
having a smaller footprint when complete than they have today. Fox said using a mix of
energy efficiencies can achieve a smaller carbon footprint. They propose less impervious
surface and more trees on site to help with lowering the carbon footprint.
Another community benefit is enhancing the tourist economy by creating another reason
for people to come to Aspen yeaz round. Fox said they propose programming 52 weeks a
year that is weather independent. The club provides a health and spa facility and another
resource for hotels to sell to their guests. Fox said the Club will also provide a place for
extended families to gather and to use the facilities that fit their lifestyles. The visitors
will add to the local economy by increased spending in the community. There will also
be real estate transfer taxes collected on sales and resales; there will be property taxes
annually, lodging taxes when the units are rented to visitors. There will be a ripple effect
of a $30 million construction project.
Mayor Ireland opened the public hearing.
Rick Magnuson, club member, told Council he supports this proposal as it will create
jobs and it promises to lower the carbon footprint. The property will look better,
especially from Ute trail. Magnuson said he believes the project will add value to his life
and to the community. Janet Garwood said she has never seen traffic issues on Ute
avenue. Ms. Garwood told Council the size of the club makes it possible for different
types of users and makes it possible for community members to stay healthy.
Bob Hoover, representing Ute Avenue homeowners, pointed out in the 2005 submission,
staff found there was not compliance with the PUD application based on proposed
parking, "staff does not believe that the timeshare lodge use is appropriate for the parcel
given the land uses in the surrounding area are primarily residential oriented. The
majority of the buildings in the immediate area with the exception of the club are either
long term single family residential units or multi-family dwelling units." Hoover noted
this area has not changed since 2005; however, staff has changed its recommendation,
which is inconsistent with the 2005 review. Hoover said his clients are uncomfortable
that this project will create more size. Hoover noted the purpose and intent of the time
shaze ordinance 26.590.10 is to protect long term residential neighborhoods from time
share development. the majority of this area is long term residential. Hoover stated this
is a request for spot zoning, which is bad planning.
Casey McConnell said the Aspen Club is a vital and an important business and asset to
the community. The applicant has met with staff, homeowners, employees and members
of the Club and making adjustments to the plan. McConnell said traffic on Ute avenue is
not an issue. Danny Patterson, club member, said he feels the Aspen Club stands for
more than just an athletic club; it has embraced a life style. Patterson said this is locally
Regular Meeting Aspen City Council February 22, 2010
owned and the owner is sensitive to the community needs. The owner is willing to give
back to the community. The community is losing locally owned businesses.
Martha Luttrell, resident of Aspen Club townhouses, said she supports this project and
does not have an issue with the new townhouses. Ms. Luttrell said the landscaping will
shield them. Ms. Luttrell said she feels the applicant will make improvements to make
Ute Avenue safer. Paul MacFarlane said he feels this plan will bring nicer people and
people who will observe the traffic rules. Marsha Goshom said she supports the project.
When the club was built in 1976, this was not a family neighborhood and a percentage of
the townhouses and homes are part of the lodging inventory. Ms. Goshom noted a year
round sustainable economy in Aspen is the charge of the Council. This is a long standing
business that is proposing a year round sustainable business. The Aspen Club is one of
the larger employers; it supports civic events; it supports non-profits.
Patsy Filoa told Council as a concierge at Hotel Jerome, she sends their guests to the
Aspen Club. Ms. Filoa applauds the training for the staff at the Aspen Club. John Olsen .
pointed out on a surrounding properties map all the houses that have been built or
remodeled since 2005. Olsen said Aspen continues to evolve. Olsen noted the applicant
is a local businessman; this is an affordable commercial project. John McCormick said
this is a valuable institute in Aspen. McCormick said Council has to look at the highest
and best uses of the property for the benefit of the community and the applicant presented
a list of benefits. McCormick agreed the developer should be asked to be accountable for
what is being presented.
Tony Nitti said the town has an aversion to unnecessary development. There are benefits
to approving a health club in a destination resort that attracts visitors by promoting a
physical lifestyle. Nitti said another result will be the creation of jobs. Mark, Aspen
Club employee, told Council there is nothing else like the club in the area. Mark said
businesses need to be allowed the opportunity to grow and to keep up with the times.
Charles Hopton stated Council is supposed to judge projects on their merits not on the
individual. Hopton said he has served on committees that helped make the community
regulations. Hopton said this project is against the community plan, the zoning. Council
has to look at the community benefits and what this would do to change the community.
Hopton said Aspen is being lost by increments.
Nikki Lapin, Aspen Club employee, told Council she has been able to move up in the
organization. Businesses need to be given an opportunity to expand. Riggs Klika told
Council he runs anon-profit out of the Aspen Club. Klika said he supports the applicant
for helping well businesses. Judy Wrigley told Council the Aspen Club is important to
her health and allows her to do activities to replace not being able to do outdoor
activities. Ms. Wrigley noted many of the houses in the area are dense and cover every
square foot of their properties. Ms. Wrigley said if the Club was gone; imagine the extra
traffic going through town to the ARC. Ms. Wrigley said it is a benefit to have employee
units on site.
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Regular Meetin¢ Aspen City Council February 22, 2010
Kathy Welgos, resident in the area, told Council the Aspen Club adds vitality to the
neighborhood. Ms. Welgos said she feels there will be a mix of local club members and
visitors. Bill Hoffner, former owner of the Aspen Athletic Club, said it is important for
health clubs to stay technologically current and that this club has an opportunity to do so.
Hoffner stated he supports this application. Toni Kronberg said the expansion will put a
burden on Ute Avenue. Ms. Kornberg suggested the applicants look at installing a
covered escalator or moving carpet from the parking lot off Highway 82 to the club. Ms.
Kronberg said any spa/club should have 3 or 5 different types of swimming pools
including outdoor and indoor and therapy. Jessie Diianna told Council he supports the
project and support local businesses especially those with owners who live in the
community. Diianna said he also supports the increased tourism this could generate.
Andrew Todd told Council he supports this application as any increase in affordable
housing in town is a terrific opportunity. Todd said he feels the Aspen Club is a
community asset and is a democratic gathering place. Todd said this application is about
a business that wants to remain competitive and to invest in their business. Todd said this
will result in job creation. Kathy Pike told Council she lives across the street from the
Aspen Club in an affordable housing project. Ms. Pike said she supports the project and
feels the Aspen Club needs redoing. Ms. Pike said there is traffic going in an out of the
Aspen Club; however, most time share owners use shuttles.
Carlene Joseph told Council she was able to join the club because the non-profit she
works for is a partner with the Aspen Club. Ms. Joseph told Council she found a home
within the Aspen Club; the staff is friendly and accepting. Ms. Joseph noted the town has
a lot going on culturally and this should be matched with activities like the Aspen Club.
Bill Fabrocini, club employee, said he has seen a lot of changes in the Aspen Club and a
lot of changes in the community as well. Fabrocini told Council making a profit in the
health club industry is tough. The Aspen Club is much more than people who can afford
it; the club brings wellness into the community and is a benefit.
Cliff Weiss, P&Z member, told Council he voted against this at P&Z; he is not against
redevelopment but is against the project as it is. The applicant needs to compromise
more. Weiss said he is not convinced the proposal has a better traffic program. Weiss
said he feels the roof top units could be eliminated. Weiss said a dead end street is not an
appropriate place for development this large. Weiss agreed redevelopment is necessary
and that the club is a community benefit. Chris Peschi said this project is a benefit to the
community; it is a place for athletes to come and rehab. Peschi supports the project.
Mayor Ireland closed the public hearing.
Councilman Romero noted one of the recommendations in the staff memorandum is the
elimination or relocation of units 5 and 6; another is about changing the landscaping plan
so that it fits in better with the rural nature and also to provide more detailed information
on the programming elements. Councilman Romero said an important issue is the
permanence of the club as a community benefit. Fox told Council the applicants feel they
have a good landscaping plan and are open to changes if required. Fox noted they are
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Regular Meeting Aspen City Council February 22, 2010
adding greenscape to the site and reducing the impervious surface of the site; trees and
shrubs will be added to the site. The paved azeas are meant to be used to host club
events, likes Tuesdays with Michael, charity benefits, rather than standing in a grassy
area. Fox said the details on the programming information are evolving. The Club is
working on programs like how does one physiologically get younger and working with
people inside and outside the community. Fox told Council he worked on breaking up
the massing on site and removed a unit from the lower bench as well as reduced the size
of the unit 10%. Fox pointed out the massing on the Aspen Club is smaller than the
buildings surrounding the Club. Fox said this project is at the end of a street with not a
lot of visibility. Because of the benches, the units are 10 to 12' below the parking lot and
the landscaping plan will help mask the units.
Fox told Council one thought is use of this property by extended families; the bedroom
sizes are small and the living areas are larger to allow people to be together. Fox told
Council they looked at units 5 and 6 and eliminating them.
Councilman Romero stated he does not favor raising the number of parking spaces.
Councilman Romero said he would like to see any efforts to reduce the landscaping.
Councilman Romero asked about the language in the ordinance for insuring continued
operation and access to the Club, how is "so long as the time share condominium type of
ownership remain an approved use for the Property" interpreted by the applicant. Fox
said as soon as the construction starts or as soon as the first time share is sold, they are
hooked into the program. Fox noted the ordinance also states the fractional owners will
have no control over the operation of the club. Fox showed a site plan of the Aspen Club
with units 5 and 6 in their current location as well as redistributed on the site.
Councilman Johnson asked if there is still compromise on the project; if units 5 and 6 are
eliminated, does the project still work. Fox said there are no absolutes; without two
revenue generating units, the expanses stay and the odds of success decrease.
Councilman Skadron said he would like to see the Aspen Club thrive; the property is vital
to the community, it serves seniors to tots, non-profit organizations; provides
opportunities for young professionals. Councilman Skadron noted a lot has been said
about commitment to community and about local ownership, employing locals, family
roots. Councilman Skadron said Council has heard these same arguments earlier in the
Limelight application. Councilman Skadron noted statements about the applicant and
his operation are not criteria by which Council can evaluate a land use application.
Councilman Skadron said his decision will come down to the applicant's ability to
sufficiently satisfy standards for designating it SPA, about public benefit.
Councilman Skadron said in thinking about public benefit, what is important to him is
accessibility, like Smuggler trail, the lawn at the music tent, the library, the dancing
fountain. Councilman Skadron said he is not convinced the standard about public benefit
for the Aspen Club has been met. Councilman Skadron said he needs to give further
consideration to the applicant from the traditional land use perspective and then
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Regular Meetin¢ Aspen City Council February 22, 2010
determine if the benefits accruing to the community aze sufficient to offset the impact
created by the applicant.
Mayor Ireland said Council has to look out for future generations of residents in Aspen
and to hold applicants accountable for their promises and to seek enforceable guarantees
for community benefits that are promised. The Council does not have long institutional
memories because of term limits. Mayor Ireland said public have alluded to the loss of
the Aspen Club and if this application is not approved, will the Aspen Club go away.
Fox said it will not go away immediately but will probably disappear in the future.
Mayor Ireland noted the applicant is an LLC of which Fox is a member. Fox told
Council he owns 35% of the LLC and is a managing partner and he controls about 60%
of the voting shares. Mayor Ireland noted in 1996 under previous ownership, the
applicant stated the sale of the old pazking lot for free market units was necessazy
because the Aspen Club is not an economically viable business in its present shape. At
the time, Council asked if the sale of the parking lots would help the viability of the club.
Mayor Ireland said there is no guarantee that proceeds from the sale of time shares will
be used to upgrade the club or to continue operation of the club. Fox said the owners
have to upgrade the Club in order to sell the time shares. Mayor Ireland asked if there is
a written guarantee that selling the time shares will be used to upgrade the Club.
Fox said he would be willing to put something in the ordinance about upgrading the Club,
which is the long term value in the project. The Club is what continues to exist and to
operate after the time shares aze sold. Fox said reinvestment in the Club is necessary in
order to make the whole plan work. Fox said the logical move would be to scrape the
Club and to build houses. The applicants do not want to do that and have worked to
come up with a plan that retains the Club, adds value and moves forward. Fox said he
has worked to make Council comfortable to allow his this plan. This is an opportunity to
invest in health and performance. Fox pointed out there is language in the ordinance
requiring that the club act as a Club once the project is started; the Club has to be open to
the public. The owners of the time share do not have a say in the operation of the club.
Mayor Ireland noted Council's obligation is to make sure that promises made in return
for benefit conferred, like upzoning or additional units, aze enforceable. Mayor Ireland
noted there is a promise that the carbon footprint of the club will be smaller than it is at
present. Mayor Ireland said he has not seen data on the current cazbon footprint and
means of measuring the cazbon footprint before and after. Mayor Ireland noted there is
no definition of off site effects, like traffic on the carbon footprint. Mayor Ireland asked
about a completion or restoration bond. Fox said there is restoration language in the
ordinance. Mayor Ireland said there is no source of funding for the completion bond or a
link between the proceeds developed and the promised programs.
Mayor Ireland noted Council only gets once chance to make sure what is promised is
delivered. The city has to be cautious with this application in terms of the potential
community benefits, which are lazge, and insuring those promises are enforceable by
future Councils.
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Regular Meetine Aspen City Council February 22, 2010
Fox said the applicants can craft language about reinvestment in the club to satisfy the
city's concerns. Fox said the completion language in the ordinance came from city staff
and the applicants will continue to work to tighten this up. Fox told Council they have
researched the current carbon footprint and energy use of the club to get comfortable that
the carbon footprint can be reduced. Fox noted metrics were calculated as part of that
research. Fox said they have been tracking the electric and the gas usage. Mayor Ireland
asked if the carbon footprint will include the traffic generation. Fox said the applicants
have committed to no traffic increase as part of this application and they can track a base
line scenario. Mayor Ireland stated he is concerned about the continued affordability of
club membership; the club could be open to the public at an unattainable cost. Mayor
Ireland said he would like the applicant to address the affordability
Vann addressed the SPA and public benefit issue; SPA zoning is an overlay that has been
used to address a wide variety of issues in the city. The code says to put an SPA overlay
over a piece of property is a rezoning. SPA is identical to PUD with the exception that
SPA allows one to vary the uses in a zone district. The underlying zoning of the Aspen
Club is rural residential, which is not being changed, but the SPA overlay is being added
to accommodate the on-site affordable housing and to allow fractional ownership. Vann
reminded Council the only uses allowed in RR is residential and a recreational club. The
reason the Aspen Club is zoned RR is that it is the only zone district that allows a club;
Vann noted the Benedict office building is also zoned 12R.
Vann told Council the SPA overlay was placed on the Benedict office building to allow
the existing businesses uses to purchase their spaces. They were non-conforming in the
RR zone district so the SPA process was allowed to vary the underlying uses of the zone
district to accommodate commercial and professional office uses. The primary public
benefit was that this SPA overlay provided an opportunity for the sale of those spaces for
uses that were considered valuable components of the community. Vann said another
public benefit of that application was the placement of a trail.
The SPA overlay was also used for the Silver Lining ranch which was a residential ranch
on which an institutional use was not allowed. The additional public benefit in that
application was a conservation easement on the flood plain. Another SPA process was
the Aspen Institute where the Institute wanted hotel rooms on campus to support their
programs. The SPA process was also used for the Trueman Center and most recently for
the Obermeyer project, retaining business on that property and allowing the flexibility for
development of that property. Vann pointed out the city has latitude in determining
whether to use the SPA process and whether the goals of the application warrant using
the SPA. Vann said the Aspen Club is a community asset. One of the public benefits is
to move that community asset into the future. Council has to decide whether the benefits
accruing from a proposed project warrant the use of the SPA overlay. The Council wants
assurances that the proposed benefits will remain after the project is approved. Vann
stated this is not spot zoning; classic spot zoning is a residential neighborhood with a
factory in the middle of it. Vann reminded Council all the lodges scattered throughout
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Regular Meeting Aspen City Council February 22, 2010
the community were rezoned to lodge preservation. There is a hotel at the Aspen
Institute and the Boomerang in the west end.
Councilman Romero stated Council is looking for greater reliance and permanence
around the list of public benefits articulated by the applicant; Council is looking for
financial surety in writing about restoration or completion; and metrics azound the
environmental initiatives. Vann said the applicants will address these issues with staff.
Mayor Ireland said there is the issue of club membership being affordable for locals.
Councilman Johnson said he would like to see forward 10 to 15 yeazs, the sale of the time
shares is the capital for improving the club, and how is the next round of capital
improvements handled in the future.
Mayor Ireland moved to continue Ordinance #2, Series of 2010, to March 8; seconded by
Councilman Johnson. All in favor, motion carried.
Mayor Ireland moved to adjourn at 9:35 p.m.; seconded by Councilman Romero. All in
favor, motion carried.
Kathr .Koch, City Jerk
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