HomeMy WebLinkAboutminutes.council.19860331Continued Meeting Aspen City Council March 31, 1986
LITTLE NELL SPA PUBLIC HEARING 1
Open Space 1
Employee Housing 2
Miscellaneous Conditions that have been resolved 3
Consistency with precise plan review criteria 3
Specification of Zone District Regulations, Variations
Permitted and Construction schedule 5
Lodge Development Allotment 7
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Continued Meeting Aspen City Council - March 31, 1986
Mayor Stirling called the meeting to order at 4:15 p.m. with
Councilmembers Walls, Fallin and Isaac present.
LITTLE NELL SPA PUBLIC- HEARING
Open Space Alan Richman, planning director, presented a drawing
delineating the open space on the site and the request the staff
look at the open space to make sure it is consistent with the
Code. Richman pointed out the only areas that technically compl
with the Code's definition of open space, which is about 12.5
percent of the site or 10,800 square feet. Richman pointed out
about 16 , 000 square f eet which does not meet the definition o f
open space because it is more than 4 feet above grade. This area
fronts on a public street but is 12 feet above grade. Richman
told Council open space is supposed to be open sand visible to a
pedestrian. Richman said the open area behind the hotel does not
comply with the code because it is more than 4 feet above grade
and it does not front on a public street.
Richman said the area used for the drop off does not comply with
the open space requirements as the Code states that areas used
for parking does not count as open space. Richman said the
applicant has attempted to address the open space question as
wel l as sk ie r drop of f in front of the hotel in compliance with a
condition imposed by Council. Richman pointed out the pool area,
which is also not counted as open space. Richman said the
proposed open space areas add up to about 60 per cent of the site
but only 12.5 percent complies with the Code definition of open
space. Richman told Council they have the ability to vary the
strict percentage open space or to vary how the staff is told to
calculate open space.
Bill Kane, representing the applicant, asked Council to make the
determination that what is represented on the drawing as green
areas, while it may not meet the technical definition of open
space, that it is functional, valuable open space. Kane pointed
out one of the concerns about grade separation is that some open
space in commercial buildings is dropped and does not have a
broader public use and is not functional. Kane showed Council
the areas depicted on the plan as green that are used f or
circulation and milling for skiers, a bike trail and landscaping
for summer use. Kane said they would like Council to consider
that the gondola plaza area be construed as open space, as if
Council evaluates the site plan in a practical, functional w ay
there is adequate area to meet the open space requirements.
Gideon Kaufman, representing the applicant, pointed out the
Hunter street open area is not counted in the open space but
gives the feel of an open area. Councilwoman Walls said a public
street should not be counted as open space. Kaufman said these
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Continued Meet-inQ Aspen ~itv Council March 31 ,__ .198
are not be counted in the open space. Councilman Isaac said he
does not have a problem counting the plaza around the gondola as
open space. Councilwoman Walls said this area is on top of a one
story building and should not qualify as open space. Councilman
Isaac pointed out the lift at Buttermilk is located on top of a
building, yet it operates as open space. Councilman Isaac said
he is not inclined to count the drop off area as open space.
Councilwoman Fallin said she feels open space is land that isn't
being used for something so she would not consider the drop off
area as open space.
Hans Gramiger told Council during the FAR discussion, the
planning office took the position that the land zoned
conservation would not count in the FAR calculation, and the same
argument should apply here that the open space should be
calculated on the CC/SPA parcel. Mayor Stirling asked how much
presented open space is in the conservation zone. Richman told
Council they have not calculated it this way, and pointed out the
required open space would be much less. The applicant has done
the open space analysis based on 88,000 square feet. Richman
said if Ordinance #53, 1985 is adopted, Council has the ability
to put any uses it wants. Richman said he feels the open space
is in the right location. The open space behind the hotel makes
the most sense with the sun exposure and skier uses.
Richman told Council the planning office is discovering that the
25 percent open space requirement in the commercial zone is
turning out to be contrary to what is trying to be accomplished.
Richman said he is uncomfortable with many of the courtyard, dead
areas in commercial buildings. Councilwoman Walls said open
space is for the benefit of the general public and does not feel
open space above grade is any better than open space below grade.
Richman said a large public will be using the site from the base
area up and it benefits this public. Councilwoman Walls said the
purpose of open space is for the town, not for the skiers. Bil
Dunaway said at conceptual stage, the Council asked the applicant
to move the building back and said they would consider the drop
off area as open space.
Employee Housin4 Richman told Council the applicant met the
required minimum threshold of providing employee housing of
housing 30 employees, which is 36 percent of the net new
employees generated by the project. The applicant is proposing
to house the employees at the Holiday House, through a change in
use from lodge to residential use. The Holiday House has been
used as a lodging use. Richman said there is off-site parking.
The applicant feels the impacts of the change in use would be no
greater or would be less than the lodge use . P & Z made the
finding that change in use was appropriate. The applicant will
also house the employee generated as part of the master plan, for
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Continued Meetinct Aspen~CitvC6uncil March 31. 1986
a total of 34 employees in 17 rooms. Richman said these units
should be deed restricted to low income; the applicant is renting
them at a very affordable rate. There are 6 units on site, which
will not be deed restricted at this time. The housing authority
and P & Z both recommend approval of the employee housing
proposal.
Miscellaneous Conditions that have been-~ resolved Richman told
Council that conditions 20, 6, 17, and 21 are either delegated to
P & Z or have been resolved. Richman said the applicants have
represented that the site plan indicates the Tippler boundary
issued would be resolved not in their favor, so they have taken a
conservation position. Richman said if the Tippler boundary
disputes is resolved in the applicant's favor, there would be
more open area than is presently shown. Sirous Saghatoslami said
their concern is that the SPA boundary should not encroach on
their property until the issue is resolved.
Richman said P & Z has granted both 8040 greenline and mountain
viewplane review. The applicant has demonstrated that the
buildings do not encroach into the land within the park zone near
the Alps. Richman told Council the applicant proposes gas to g
fireplaces and the environmental health department commended the
applicant for taking this step.
Consistency with precise plan review criteria Richman told
Council people have criticized segmenting the project and looking
at each conditions separately and not the entire SPA. Richman
said the conceptual SPA process is for the applicant to present a
proposed set of uses, the approximate way the property will look,
to give Council a chance to agree or disagree. The planning
office did not support the project at the conceptual stage, for
some technical reasons but mainly because of the growth
management quota. Richman said when Council approved the
conceptual plan, it became the goal of the planning office to
make this project the best possible. Richman said the decision
about whether this use is appropriate f or the site was made at
the conceptual level.
Richman said the review of the consistency was based on the
criteria in the Code and staff was able to find that this project
is consistent with the criteria in the Code. Richman said he
feels the most important criteria is conformance with the adopted
Aspen area plan. Richman said the adopted plan for this site is
recreation/accommodations, which is to allow f or both recreation
and accommodation needs of the visitor to Aspen in an areas
especially suited to that use. Richman said this site is right
at the base of the mountain, part of the transportation system,
and central to the commercial and recreation uses. The basic use
of the site is consistent with the city's adopted plan.
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Continued Meeting Aspen CitX Council March 31. 1986
Richman pointed out in terms of surrounding uses, this project is
consistent with the surrounding uses and is a vast improvement
over some of those uses. Richman said the hotel fits within its
site and within the tourist district. Richman said this project
uses land planning and architectural techniques that are state of
the art. Richman told Council utilities, roads, and
environmental suitability have been dealt with during the
conditions. The applicants are upgrading water, sewer and fire
services in the area. Richman pointed out that parking and roads
have been discussed, and there are clearly impacts upon the
community.
Kaufman said the Aspen Skiing Company is satisfying an important
aspect of community need with both a hotel and gondola. Kaufman
told Council the P & Z has made specific findings that each
condition placed on this project has been met . Kaufman said the
SPA addresses expenditure of public funds; this project requires
no public f unds and saves taxpayers money with the improvements
the applicants are making to the area. Kaufman said this SPA
plan benefits the public, breaks grounds in terms of creativity.
Kaufman said the applicant has worked with all surrounding
neighbors in this process. Kaufman said the applicant has
attempted to minimize the impacts by working with these neighbors
and trying to satisfy the neighbors.
Gramiger asked if the Council has entire discretion to approve
this precise plan regardless of whether something was approved in
the conditional stage. City Attorney Taddune told Council the
Code states an applicant has no reliance f rom the conceptual
stage. Council has discretion at this stage. Richman said there
were various issues addresed at conceptual stage, and to pretend
there was no conceptual approval and start over did not makes
sense. Taddune pointed out the applicant has invited staff and
Council to participate since the inception, and the results
reflect the input from the city.
Peter Forsch, Aspen Skiing Company, told Council he has received
a letter from the Aspen Square Board of Directors in general
support of this development. Councilwoman Walls said there are
two concerns expressed in this letter about the size of the hotel
and future requests to add rooms as well as the parallel parking
on Durant street. Councilwoman Walls asked if it would be
possible to deed restrict the property so there be no additional
building on it. Richman said this was discussed at conceptual
stage and was voted down. Forsch said the applicant has not
intention of returning to Council. Forsch said the city ha s a
number of protections against this. The SPA cannot be amended
without a significant review process. Forsch said the land zoned
conservation cannot be added on without a change in zoning.
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Continued Meetin4 Aspen Citv Council -- Ma7ch 31. 198
Richman said he f eels deed restricting this property would be a
strong sign to future Councils. Gramiger said if new facts come
to Council, could they find that a hotel is inf ringing on a ski
area. Mayor Stirling said the Council has the discretion to make
that decision. Gramiger said the main issue is whether Little
Nell can support two lifts and a hotel. Gramiger said although
the hotel may be state of the art, Little Nell is the wrong
location for it.
Councilwoman Walls said she is concerned about the number and
size of the uses sited on this parcel. Councilwoman Walls
objected to the amount of commercial space on this site.
Councilwoman Walls said she would like to see the f ootprint of
the building reduced. Mark Freedburg told Council throughout the
winter, talking to locals and visitors, he has not heard any
opposition to the project. Freedburg said he feels the overall
project is an exciting development to the town, and requires a
certain flexibility and the city should not back off what has
been a very cooperative process. Edie Dunn said she f eels this
site will be over-crowded. The town may be sorry for over
building if the economy does not keep up. Ms. Dunn said rather
than having open space at the Volk property, this is the location
to have open space.
Specification of Zone District Regulations. variations- Permitted
and Construction schedule Richman said the said the regulations
the staff is recommending are a combination of those existing in
the CC and conservation zone district, with some variations
requested. The area and bulk requirements are basically those of
the CC district. The front yard is being set at 26 f eet; the
maximum height is 40 feet, and there is no variation requested.
The external FAR is set at 1.93:1 and the utility trash service
area is 36 feet, which is a variation. There are to be 118 on-
site parking spaces and 15 external to the building.
Richman recommended for permitted and conditional uses that the
hotel, ski lift and building as conditional uses. By leaving
these as conditional uses, any substantial modification requires
a public hearing at P & Z. Richman told Council amendment to an
SPA plan does not require a public hearing. One other variation
is that the hotel protrudes into the conservation district.
Richman told Council all these items will be part of the SPA
agreement.
Forsch told Council they hope to begin construction on the
gondola and the west wing under the gondola and the temporary
improvements to Hunter and Dean streets this summer. Forsch
pointed out the significant utility relocations. There will be
sloping regrading, which has to be done to accommodate the
gondola. Forsch said it is the intention of the applicant to
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Continued Meeting Aspen City-Council- March 31, 1986
begin construction in the spring of 1987 on the hotel. Forsc h
reiterated there are possibility this construction could be
delayed as much as a year. Forsch said the reason behind the
scheduling of this is that they have to make sure the ski area nd
base operation will continue in an acceptable fashion. Forsch
pointed out the western phase, the ski operation, will operate
independently of the east phase, which is the hotel.
Mayor Stirling asked how long this approval would be good.
Richman said they have 33 months, or until September 1, 1988, to
obtain a building permit. Councilwoman Walls asked about the
trench for the gondola. Forsch said the gondola cars need about
100 feet for the accelerating launching mechanism. Forsch said
an alternative to trenching the slope i s to raise the gondol a
building another story. The applicant feels this is unacceptable
because of the viewplane and the additional skiers. Forsch said
the trenching goes in a north south access. Richman said this
site will have to be usable as it is a significant entry point to
the mountain.
Robert Chamberlain said the proposed trench will effectively cut
Little Nell in half. Forsch agreed skiers will have to decide
whether to go east or west of the gondola. Kane pointed out that
skiers can recirculate to the lift terminal f rom either side.
Gramiger said the closer to Durant the gondola building is
located, the shorter it will be and there will be less need for a
trench. Gramiger presented his plan for where the gondola should
be located and that the Bell Mountain lift can come all the way
to Little Nell.
Kane presented the interim plan. The elevation of Dean is 7936
and Durant street is 7931. The plan is to put Hunter and Dean at
7931 elevation, which will require minor excavation. Kane said
there will be 4.5 vertical difference between the finished plaza
and the existing Dean street. This is to preserve the loading
dock for the Tipple and the walls of North of Nell. The ticket
kiosks will be in place in phase I. The pumphouse will remain in
place. The existing plantings will remain in place. The area
will be surfaced with asphalt. These improvements are temporary
and will be an improvement over the way the area now f unction s
for access to the mountain. Jerry Blann, Aspen Ski Company, told
Council the completion date for 4A chair is November 5, and
Decembe r 15 f or the gondola, Thei r construction schedule for
this season is very tight.
Richman told Council the west wing is proposed to house ski
company offices and some retail functions. Richman said these
offices are the same as any other offices in town and are subject
to the growth management system. The retail spaces will also
have to compete in the GMP. Richman said to occupy the space for
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Continued Meeting Aspen Citv Council March 31. 1 986
commercial purposes, requires the applicant to get an allotment.
The applicants will not be able to do this by the building permit
stage, but hope to do prior to occupancy. If the applicant
cannot obtain an allotment , the building will be able to be use d
in other accessory uses for the hotel or ski area. Richman
suggested Council only allow the space to be permitted as a
shell. Richman said he and the applicant feels this can be
handled in the SPA agreement. Forsch said this building is
necessary because of the construction of the gondola and is all
one phase.
Mayor Stirling asked about mitigation of the movement of the
amount of dirt. Forsch for the slope regrading, the applicant
anticipates a balanced cut and fill and redistribution on the
upper portion of the hill. Some dirt will be removed to
Buttermilk. They hope to have this complete before the summer
tourist season. Gramiger asked whether the applicant is seeking
approval for the gondola building or for the hotel. Forsch said
when the applicant started the process, it was the intention of
Council to have the total site reviewed for all uses in a single
submission . Councilman Isaac asked if the first phase i s
completed, but for some reason the hotel is never built, does the
city have any assurances that Hunter and Dean streets will be
finished. Richman said the most appropriate vehicle for this is
the lodge improvement district. Richman said he will include
language in the SPA agreement to protect this concern.
Lodge Development A31-otment Richman said the policy issues
raised at the conceptual stage were concern about the city's
ability to address service and environmental problems based on an
accelerated growth rate. Second, concern about the growth
management system if substantial exemptions are given to projects
like the Hotel Jerome, or giving allotments in advance. Third,
staff was concerned about precedence of giving multi-year
allotments. Fourth is the concern about spin off impacts.
Council, at conceptual phase, indicated a willingness to consider
granting amulti-year allocation on approval of the precise plan.
Richman gave an analysis of how many units have been available in
the growth management system since 1977. Four projects have been
given allocations amounting to 265 units. None of these units
have been built. The Sardy House and Hotel Jerome have received
exemptions from the GMP. Richman said if Council took every unit
into consideration, the city would be into the year 1992 of
allocations. This makes the assumption that the Jerome goes
forward and that the four projects with allocations will be
built. Richman indicated to Council there is activity on the 4
approved projects.
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Continued Meeting Aspen- City Council - - March 31, 1986
Richman pointed out a mitigating factor is 4 change in uses in
the L-3 district. There is the Alpina Haus, Copper Horse,
Cortina, and Holiday House which are proposed employee housing
associated with lodge units. These 82 units will come out of the
lodge inventory. It is important to consider how many beds are
available and how many beds get added. There are 6 units at the
Cortina and 6 units at the Holiday House w hich may also be
converted. Richman said 94 units will be coming out of the L-3
zone, which will get the GMP back on track. Richman said he
feels by 1990 the quotas will be where they should be. Richman
said the recommendation is to reverse a prior decision about the
Copper Horse and Alpina Haus and to add the Cortina and Holiday
House and that the converted units be credited to the L-1, L-2
zone. Richman is recommending against adding these units to the
L-3 zone because that would create potential substantial growth
in that zone. As each building is converted, the residential
quota will be reduced.
Councilman Isaac said he feels it makes sense to take the credits
from the L-3 zone district and move them to L-1, where the city
wants the tourists to be located. Councilwoman Walls said the
purpose of the L-3 allocation was to encourage lodges to upgrade.
Richman said this is correct, but the incentive is to encourage
small additions. Richman said having that many lodge units
available in residential districts is a concern. Councilwoman
Walls suggested cancelling the converted units rather than adding
them to a quota where they do not belong. Richman said Council
has done that in residential and commercial quotas, feeling there
has been an imbalance. Richman said there is an argument that
beds have been lost in the tourist inventory, and there has been
no crediting. Richman pointed out this is not a "no growth"
community but a "slow growth" community, and there should be
growth in the tourist inventory to create competition and to
improve the inventory. Richman said he does not support blanking
these converted units out nor putting them all in L-3. Kaufman
said the P & Z, in the past, has supported taking units from L-3
and crediting L-1, L-2.
Councilwoman Fallin moved to continue the meeting to 5:00 p.m.
Tuesday, April 1, 1986; seconded by Mayor Stirling. All in
favor, motion carried. Meeting over at 6:05 p.m.
Kathryn S Koch, City Clerk_
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