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HomeMy WebLinkAboutminutes.council.19860401Continued Meeting Aspen City Council April 1, 1986 LITTLE NELL SPA PUBLIC HEARING 1 Open Space 3 Skier Drop Off 5 Views and Visual Impact 6 Shadow Effect 6 Pedestrian Gateway 6 Dean Street 7 Gondola Building 8 Little Nell Lift 9 Snow Shedding 9 Floor Area Ratio 9 Parking Needs 9 Adeguacy of Streets 10 Service Yard 10 Trail Easement 11 Geologic Hazards 11 Grading Plans 11 Drainage Plan 11 Pumphouse relocation 12 Employee Housing 12 Specification of Zone District Regulations, Variations; Permitted and Construction schedule 12 Lodge Development Allotment 13 ORDINANCE #53, 1985 - Extending the SPA Boundary 14 Gondola Building 15 17 ontinued Meeti g Aspen Citv Counc'i.l April 1.- 198 Mayor Stirling called the meeting to order at 5:15 p.m, with Councilmembers Fallin, Wall and Isaac present. LITTLE NELL SPA PUBLIC HEARING Mayor Stirling said Council will begin with the evaluation of consistency with precise plan review criteria to see whether Council feels the Little Nell site is an appropriate site for this project. Then Council can deal with the 25 specific conditions. Mayor Stirling entered into the record a letter from Hans Gramiger urging Council not to take any action until all 5 Councilmembers are present. Councilwoman Walls suggested finishing the approvals for the gondola, and putting the hotel decision off until later. Councilman Isaac said Council has always discussed this as one project, not separate pieces. Councilman Isaac moved to vote on the Little Nell project all at once; seconded by Councilwoman Fallin. All in favor, with the exception of Councilwoman Walls. Motion carried. Councilman Isaac moved that this application is consistent with the precise plan review criteria; seconded by Councilwoman Fallin. Councilwoman Walls said she feels this proposal is too much development f or this site. Councilwoman Walls said if the land use plan designates this area as accommodations/recreation, it should not have all the proposed commercial space. Councilwoman Fallin asked about voting on this project as a whole, when the planning office has pointed out that some office and commercial space has to be competed for in a future GMP. Alan Richman, planning director, told Council this is being covered in the SPA agreement. This SPA agreement will be returned to Council with all the representations made by the applicant. Richman said any aspects of the project for which the applicant does not have an allotment does not have approval. Richman noted most of the commercial space is replacement space. Richman told Council the applicants only have to compete f or office and commercial space that they are not replacing. Joe Edwards said Section 24-11.5 of the Code states no development of commercial or office space shall occur until the proposed development shall have received a development allotment. Edwards said the applicants are proposing to develop the space, which is a direct violation of the Code. Edwards said this would prejudice the f uture competition as the city had already allowed this applicant to build the space. City Attorney Taddune said the focus should be on the use of the space rather than the construction of the space. Taddune said the space would be accessory to the hotel use, like mechanical. Richman said this 1 Continued Meetinct AspenCity Council- Aoril 1, 1986 space could be used for skier support services, or mechanical facilities. Taddune said he does not feel there would be any bias; it would still have to be evaluated by the growth management criteria before it could be used as commercial space. Mayor Stirling asked if there is any precedence f or building in advance of an allotment. Richman said not that he knew of. Taddune told Council this is a unique situation. When an large project is built within the context of the growth management system, it has to be taken into account that there are certain efficiencies and economies of scale. Taddune pointed out it is the use that has the growth impact, not the space. The applicants recognize they have to compete in the growth management competition. Richman pointed out the staff has been evaluating staggered growth management application dates, and tried to develop a system where a multi-use project can work through the system. Richman said this project would have worked through the 1985 system except the city was revising the SPA regulation, and there was an inability on the applicant's part to apply by August 1st. The applicants applied under lodge GMP but were unable to compete in the commercial GMP until the SPA regulations were adopted. Taddune said staf f has insisted that if this space is built, there can be no possible utilization for purposes other than accessory or mechanical. Edwards said this is a mockery of the city's Code to build office space and label it a mechanical room. Edwards brought up Section 24-7.7(4) and the issue of whether the applicant has employed setbacks, clustering, buffering and architectural design to preserve significant viewplanes, avoid adverse environmental impacts and provide open space and similar amenities for the public at large. This is a required criteria, and Edwards stated this applicant has not done those things. The proposed project will wall off the last remaining view of Little Nell ski mountain unnecessarily. Edwards submitted the applicant has not preserved open space nor the viewplanes. Peter Forsch, Aspen Skiing Company, told Council the Skiing Company itself has not been in the lodging business; however, their partners have developed over 6 , 000 hotel rooms. Mayor Stirling said it may be beneficial to have the Skiing Company in the lodging business to give them an insight into the business and give them an opportunity to identify with what lodging operators have to deal with. Mayor Stirling said it may give them an advantage to dealing with lift ticket prices that other operators may not be able to do. Mayor Stirling asked if an operator has been chosen for the hotel. Forsch said they have been working with the Pebble Beach lodge as consultants. They do not have a specific operator in place, and Pebble Beach lodge may be the operators. 2 Continued Meeting Aspen Citv_Counc~.l ~ April 1, 1 986 Mayor Stirling said he feels this site is the logical place to do what is being proposed. The proposal is for new tourist beds, commercial replacement and other uses. This site is within walking distance of the commercial core. This project has the effect of renewing the base site and make it more attractive. Mayor Stirling said he feels the community does need new lodging and the town's need is to get units built as soon as possible. Mayor Stirling said the SPA is the appropriate method as it gives flexibility to make this the best possible project. Mayor Stirling said this is the appropriate site, the commercial replacement space makes sense, and this site is the focal point of the community. All in favor, with the exception of Councilwoman Walls. Motion carried. Open Space Mayor Stirling said this project has been moved 26 feet into the applicants property from the city line. Richman said Council must make a determination on how the staff is to evaluate the open space, whether there are variations granted, which areas are to be counted as open space. Councilman Isaac moved that the open space be designated as the dark green area in front of the hotel, dark green in front of the stairway and to the west of the loading area, and the light green surrounding the gondola loading area; seconded by Councilwoman Fallin. Councilwoman Walls asked what the olio a green area is. Richman said this pool and courtyard and does not front on a public street. Richman said part of this area may function in conjunction with the gondola but it is not being counted as open space. Mayor Stirling said the first 5 conditions are effected by the open space issue. Mayor Stirling said there will be a lot of circulation in this area; there is not enough open space in front of the hotel. Mayor Stirling urged the applicant to consider moving further off Durant street than the proposed 26 feet as well as moving the hotel east off Hunter street. Mayor Stirling pointed out that there is only 12.5 percent open space that meets the technical requirements of the code. Mayor Stirling said he is not trying to get the 25 percent requirement on the street but would like more area because it will be needed. Mayor Stirling said he feels this would improve the accessibility to the mountain for the skiers and pedestrians. The view of the mountain will be opened up; the shadow effects will be minimized, and the pedestrian gateway becomes significant. Jerry Blann, Skiing Company, said the project has been shrunk over the years. Blann pointed out the applicant is improving the skiing experience. Blann said they are trying to create a view corridor 3 Continued Meeting Aspen City Council __ _ At~r~ 1, -1986 by pushing the building back 26 feet, by cutting the corners of the hotel. Blann told Council at a large expense, the Skiing Company purchased the disputed part of Hunter street. Mayor Stirling said this is the last opportunity to make this project the most beneficial for the public at large. Blann said this building has been the subject of a lot of compromise and to push it off the street 10 feet will also push it up the mountain 10 feet. Blann said the applicant feels where the building sits is serving the public in the best way. Larry Yaw, architect, told Council the building was moved back to accommodate a transition in open space, to accommodate parking, and lessen the shadow effect on Durant street. Yaw pointed out that open space on Durant street will be in the shade. Yaw said there is a sidewalk on Durant street as well as a 13 foot arcade. Mayor Stirling said he subscribed to the concept of computing the light green area as open space. Forsch said at conceptual phase, the Council requested the building be moved back 5 to 10 f e et ; the applicant moved the building back 20 feet off Durant street at the loss of some rooms and commercial space. Forsch said the applicants have worked closely with all the neighbors. Forsch said there are 3 accesses to Little Nell, the access from Dean street will be improved, and the main entrance, which is an 8 foot staircase, will be improved to 75 foot space. Forsch pointed out the building has been stepped back to preserve the view. Forsch said he f eels to request moving the building back another 10 feet at this point is an unreasonable request. Forsch said he f eels the applicants have met the Council's and P & Z's conditions. Edwards said Council's previous conditions were to have the applicant provide open space along the entire length of Durant; to have them do design changes to reduce obstructions to Aspen mountain, and to have the drop off entirely on the applicants property . Edwards said when the applicant ref filed the precise plan, they had the drop off again on Durant street. Edwards said the drop off is still using part of Durant street by putting the island there. Edwards said the applicants should move the building another 15 feet off Durant street to get at least half the open space requirements on Durant. Edwards said having two lifts in this area, including the gondola, will be a magnet and have an incredible amount of traffic in this area, and the applicants have not provided enough room to accommodate this traffic. Edwards submitted the applicants could move the building back again. Raufman said the SPA process is a give and take process, and the first item listed as a variable is open space. The reason for the SPA is that the more traditional interpretations may not be appropriate for this location. Kaufman reminded Council 65 4 Continued Meetinct Aspen_City Council- AAril 1, 1986 percent of this site is open space. Kaufman said the reason some of that open space is not being used to meet the Code requirements is to mitigate other concerns and come up with a plan that works the best for this site. Kaufman said the applicant have taken all the conditions and balanced all concerns and has presented the best project . Mayor Stirling said he agrees with being flexible but is concerned about the Durant area. Hans Gramiger said under SPA the applicant has a right to expect certain variations, and Council has a right to impose variations. Gramiger said the definition of open space is in a different section of the Code, and Council is making a decision to change the Code as the definition is not in the SPA section. Richman stated there is nothing in the language of the Code that says that the variation can only relate to the percentage. The Code talks about varying the requirement on open space, and it is appropriate to vary the way open space is calculated or the percentage of open space. Kaufman said the hotel cannot be moved south because it would encroach on the Alps' park land. Jerry Hewey, Aspen Alps, told Council the Alps has been working with the applicant for the last 3 years. Hewey pointed out that moving the building south will impact one of their buildings as well as impede traffic on the footpath. Hewey also pointed out moving the hotel will mess up the Durant and Spring street intersection. Hewey said the Alps Board has approved the proposed plan. Doug Carlson, Aspen Club Lodge, agreed with Hewey's statement. Tom Anderson said he feels what has been done to this project is tremendous and the proposed plan is exciting. Bob George said one can try and negotiate such a good deal, one can negotiate out of a deal. George encouraged Council not to impose this one last conditions. All in favor, with the exception of Councilwoman Walls. Motion carried. Skier Drop Off Kane presented a new drop off drawing to address the concerns of the city engineering department. The city engineer had objected to 3 individual curb cuts on Durant and requested it be reduced to two. Kane pointed out the 2 curb cuts and provides for one-way circulation into the drop off eastbound and a T intersection with a stop sign. Kane illustrated how the drop off would function. Jay Hammond, city engineer, said the curb line extension is not now immediately adjacent to the traffic lane. Hammond told Council the applicant has changed the extension to use a more curved approach, which the city feels they can maintain better. Councilman Isaac asked if the applicant is willing to commit they will have this area staffed 5 Continued Meeting ~ Aspen Citv Council __ - April 1. 1986 to unload cars. Forsch said in the wintertime, they will manage the drop off which they feel will be an amenity to open doors, unload skis and is within the applicant's best interest. Councilwoman Fallin moved to approve the skier drop off as proposed; seconded by Councilman Isaac. All in favor, motion carried. Views and Visual Impact Councilman Isaac moved that the applicant has changed the design to the extent that the views are being maintained on Hunter street and up into Aspen mountain; seconded by Mayor Stirling. Councilwoman Walls said this condition has not been satisfied because the applicant has placed in the building right in the middle of the view plane up Hunter street. This is a 2-1/2 story obstruction across the end of Hunter street. Councilwoman Fallin said the condition says "hotel", and what the applicants have done with the hotel has mitigated the previous concerns; however, the gondola building is of concern. Richman said when this condition was set, the staff and applicants did not know what type of lift would be installed. Councilwoman Fallin asked if the hotel and gondola could be separated f or this condition. Mayor Stirling suggested the gondola building be addressed in the conditions about the lifts. Councilman Isaac amended his motion that the applicant has changed the design of the hotel to the extent that this condition is mitigated; seconded by Mayor Stirling. All in favor, motion carried. SYradow Effect Councilman Isaac moved that the applicant has demonstrated they have mitigated the problems of a shadow caused by the hotel along Durant and Spring streets; seconded by Councilwoman Fallin. All in favor, with the exception of Councilwoman Walls. Motion carried. Pedestrian Gatewav Richman said he does not feel this condition has been met as the entrance is not any more grand than at conceptual level. Councilman Isaac said he feels that the trees and kiosk are cluttering up the area and he would encourage the applicants to work on this to make it more open. Forsch said the applicants have had a hard time with this condition and the definition of "grand". The applicant has moved the building back some, opened it in the front. The entrance is highly landscaped and pedestrian oriented. Yaw told Council grand should not be identified with size but with perception. Yaw said moving the building back 26 feet has a big effect on the proportion of the space. The roof in the back has been lowered to 22 feet. The dormers have been removed to reduce the bulk. 6 Continued- Meetinct Aspen-City Council - April 1. 1986 Kaufman told Council the P & Z member who made this motion was satisfied that the applicant has met what he had in mind and voted in favor of this condition. Edwards agreed with the Mayor's suggestion to move the building back off Hunter to make the gateway grander. Kaufman said t he building has been moved back since this condition was placed on the project. Rane said the square f ootage of Hunter street was increased by the neckdown and by moving the building. Councilman Isaac said he is not concerned with widening this but with the appearance of Hunter street. Richman suggested the applicant continue to work with the lodge improvement district on this area. Councilman Isaac moved to accept the footprint, generally, of the entrance but would like the applicant to continue working on the landscaping, and the plans, in conjunction with the proposed lodge improvement district, and make sure the mall area is finalized within a 2 year period, whether the hotel is completed or not; seconded by Councilwoman Fallin. All in favor, motion carried. Edwards stated he has 4 objections to the quota allotment and one to the use variance. Edwards submitted that the approval of this hotel is a violation of Section 24-11 .2 (j) and that the conversion of the Holiday House is only exempt if it results in a negligible increase in employee housing and that 30 new employee housing units cannot be negligible and that P & Z never specifically ruled on this. Edwards said the credit of the L-3 zone to the L-1 district makes a mockery of the quota system. This is contrary to the way Council has previously ruled on this issue. Edwards said to go into the future and use quotas to 1992 for construction in 1987 is a violation of Section 24-11.3, which requires each year during construction the quota f or that y ear must be deducted. Edwards said a use variation for a hotel to be built in a conservation zone is a violation of section 24-7.2 (b) where variances in uses in an SPA zone cannot be permitted from an underlying zoning. Edwards pointed out the applicant has been coddled at every step of these proceedings. Edwards said there have been no substantial changes to the applicant's proposal. Dean Street Councilman Isaac moved that the applicant has disclosed at the precise place stage all plans related to the Dean street right-of-way including any requests for encroachments and the applicant will present an acceptable vendor's agreement at the time of the SPA agreement; seconded by Mayor Stirling. Councilwoman Fallin asked if this is an agreement in perpetuity or will it be reviewed by Council. Taddune said the concept is that the improvements being provided are public improvements, and 7 Continued Meeting Aspen Citv-Councl - AAril i, 1 9-86 the applicant will be requesting the right to sell tickets in a public right-of-way. Taddune suggested an annual review because if the kiosk isn't working, it will be in the public's benefit to look at this. Councilman Isaac amended his motion to include annual reviews of the vendors agreement to determine if they working; seconded by Councilwoman Fallin. All in favor, motion carried. Gondola Building Councilwoman Fallin said with the addition of the gondola building, that condition #12 is not being met. Mayor Stirling asked if there is a possibility of the gondola building being moved west and or east. Forsch said there is no possibility of this. Forsch pointed out the gondola parallel s the Bell Mountain lift to the east of that lift and is as close to the Bell Mountain lift as can be built and still maintain separation to meet the Tramway Code. Forsch said if they moved the gondola to the west to would be on top of lift 5, which would cause problems with evacuations and would be illegal. Forsch told Council moving the gondola to the east would cause the gondola to go over a cliff face which would be difficult to scale and would necessitate some very 1 arge towers and make the lift more visible and more susceptible to wind. The facility was designed within very narrow parameters. Forsch said the applicants have made the building as small and low as possible. Forsch pointed out there is only 5 feet above the equipment for maintenance . Mayor Stirling said there is a trade off for a building required to accommodate a highly sophisticated lift. Mayor Stirling said he is willing to accept the building. Councilwoman Walls pointed out the first floor of this building has unnecessary retail space and suggested lowering the gondola building down one story and closer to the grade of Dean street. Forsch told Council if the gondola building were to be any lower, it would require a very significant cut in Little Nell. Forsch said there will be a 100 feet or so cut for the gondola cars. Forsch said he doubted whether it would be geologically possible to cut the mountain to accommodated the cars if the building were lowered. Gramiger submitted the present proposed location of the gondola is only there because of the hotel. Gramiger said moving the gondola to the east will have a less effect on Little Nell. Gramiger said the acceleration lane for the gondola cars could be in a tunnel. Councilman Isaac moved that the applicant has demonstrate that the new base lifts and building are visually compatible and there will be no principal storage area at the base area; seconded by Mayor Stirling. Mayor Stirling and Councilman Isaac in favor; Councilmembers Fallin and Walls opposed. Motion NOT carried. 8 Continued Meeting Aspen City C`ounc-il - - April 1 . 1986 Rane told Council the gondola requires about 115 feet of minus 2 percent grade to mechanically accelerate up to 1000 feet per minute. Rane showed the requirements for cut and fill for the proposed gondola and the Little Nell slope, and if the building were brought down a story, these would be extreme. Rane said this will be a small transparent structure. The gondola cars will be stored at the top. Rane told Council the 1 if t i s 1 ow profile, with tubular steel towers. Rane said the grade separation from Dean to the gondola plaza is an asset, it makes the building 1 ower profile and reduces grading requirements. Kane told Council all attempts have been made to keep the loading platform at the ski slope level so those that want to repeat ski can do so easily. Kane said moving the gondola west, would create a dead zone under the gondola for evacuation purposes, and this would not be permitted by the Tramway board. Bob Chamberlain asked if the applicants feel that the gondola loading area will hold snow. Forsch answered it is being engineered and designed to hold snow. Kaufman said during the conceptual phase, Council indicated they would like to see the new lift be a gondola. Raufman said the Ski Company has designed the gondola building as sensitively as they could. The building cannot be made any smaller. Little Nell Lift Councilman Isaac moved that new Little Nell lift will adequately service the Little Nell area; seconded by Mayor Stirling. Councilman Isaac asked if the new Little Nell lift will be able to bring skiers down the mountain. Blann said it is designed to down load. All in favor, motion carried. Snow Sheddincr Councilwoman Fallin moved that the applicant has demonstrated the techniques employed on the roof of the hotel will manage snow shedding to insure it does not interfere with pedestrian traffic; seconded by Mayor Stirling. All in favor, motion carried. Floor Area Ratio Mayor Stirling said the allowable floor area ratio in this zone is 1.5:1 and the request is to have an FAR of 1.93:1. Councilman Isaac moved to approve the variation in the project's FAR from 1 .5 :1 to 1.93 :1; seconded by Mayor Stirling. Mayor Stirling said this is one of three variations being requested and it depends if Council philosophically accepts the architectural concept of the hotel and the entire site. All in favor, with the exception of Councilwoman Walls. Motion carried. Parking Needs Forsch said the ski area master plan requires 46 parking spaces. The Skiing Company had requested a credit against those spaces. They are withdrawing the request for a credit. Forsch said they will provide 118 spaces on-site and will be obligated to also provide 46 spaces. Mayor Stirling 9 Continued Meeting Aspen City Council Aril 1 , 1986 asked if a parking structure were to be located closer to the base of the mountain, would the Ski Company be inclined to provide more than 46 spaces. Forsch said they would not be interested in creating parking spaces that do not serve the mountain or the commercial core. Forsch said a parking structure closer to the mountain would be an entirely different discussion. Councilman Isaac moved that the 118 parking space on site meet the demand of the project only and the Council encourage the applicant to contribute to a parking structure and go beyond the requirement of 46 spaces; seconded by Councilwoman Fallin. Councilwoman Walls said she feels 118 parking spaces falls short of the need of the project with all the commercial spaces. Councilwoman Fallin asked if this 118 parking spaces is also for the gondola building offices and commercial areas. Richman said the applicant is replicating the parking for ski area administration and is in excess of Code standards. Mayor Stirling pointed out the CC zone has no parking requirement. All in favor, with the exception of Councilwoman Walls. Motion carried. Adeg ua cy of Streets Councilman Isaac moved that the applicant has demonstrated study of traffic on Durant, Spring and Dean streets that the volumes can be accommodated; seconded by Councilwoman Fallin. Mayor Stirling said the study being done with the TDP may bring forward some new information. Richman said the TDP may recommend some changed circulation patterns in the downtown area. The applicant's study is based upon current traffic patterns. Kaufman said the applicants designed the project on today's standards. Forsch said if there is some new information presented before the project starts construction, they would be willing to look at this with the city engineer. Councilwoman Fallin asked about access for a fire truck. Forsch said there is access to the Alps. Afire truck could not get to the south side of the hotel, but the building has been designed and sprinkled to Code. The building department has written a memo addressing this. All in favor, with the exception of Councilwoman Walls. Motion carried. Service Yard The applicants are requesting a reduction in the length of service yard from 83 to 36 feet. The P & Z has recommended this reduction of the service yard. 10 Continued Meeting Aspen City Councir - April 1, 1986 Councilman Isaac moved that the applicant has demonstrated that the service yard on Spring street will be adequate; seconded by Mayor Stirling. All in favor, motion carried. Trail EasEment Kane illustrated the proposed bicycle trail coming behind the gondola plaza and out onto Dean street. Richman told Council there will be 3 trail connections on this property. Forsch said the applicant is agreeing to the Nordic council's request to go across the slope, but they will retain the primacy of Alpine skiing. Councilman Isaac moved that the applicant has provided 3 trail s on this project; the base area, from the base to Aspen mountain road, and the Nordic trail; seconded by Mayor Stirling. All in favor, motion carried. Geologic Hazards Mayor Stirling moved to accept that for the time being with all information provided, the proper investigation has been done to demonstrate the suitability of the site for development purposes; seconded by Councilwoman Fallin. Jay Hammond, city engineer, suggested this motion include his two conditions about additional studies recommended by Chen and that the final structural design and grading plan be certified by a geotechnical engineer . Richman recommended adding to the SPA agreement commitment to on-going study as well as commitment to on-going participation and mitigation. Mayor Stirling amended his motion to include Hammond's tw o conditions and the statement about on-going study and mitigation; seconded by Councilwoman Fallin. All in favor, motion carried. Grading Plans Councilman Isaac moved to accept the applicants detailed grading plans; seconded by Mayor Stirling. All in favor, motion carried. Drainage Plan Councilman Isaac moved to accept the drainage plan; seconded by Councilwoman Fallin. Councilwoman Walls asked if this has been reviewed and approved by the city engineer . Hammond told Council the applicant is committed to and is proceeding with further topographical information regarding the discharge from Spar and Vallejo gulches. Hammond recommended following through with these studies and generating a final grading and drainage plan in response to any concerns the consultant may identify. Councilman Isaac moved to amend his motion to include Hammond's condition; seconded by Councilwoman Fallin. 11 Continued Meeting Aspen City Council April 1, 1986 Mayor Stirling asked what methods will be used to keep the trough from collecting debris. Kane said there will be on-going maintenance. The depression will serve a dual purpose in getting the gondola cars up the mountain as well as acting as storage for the winter storm drain. This will be a concrete section with drains for the run off, and will be fenced. All in favor, with the exception of Councilwoman Walls, Motion carried. Pumphouse relocation Councilman Isaac said he wants to make sure the pumphouse gets moved even if the applicant does not build the hotel. Councilman Isaac moved the applicant has shown they will relocate the pumphouse at their own cost and the plan is acceptable, and this will be moved even if the hotel is not built; seconded by Mayor Stirling. All in favor, motion carried. Employee Housing Councilman Isaac moved that the applicant has adequately provided for housing employees and to authorize the change in use exemption for the Holiday House be granted; seconded by Councilwoman Fallin. Kaufman requested a finding that the applicant has met the Code criteria for the change in use, which P & Z also found. Councilman Isaac amended his motion to find that the applicant has met the Code criteria for change in use; seconded by Councilwoman Fallin. All in favor, motion carried. Mayor Stirling moved that conditions 20 , 6 , 17 , 21 , 24 and 25 have been met by P & Z or have been resolved; seconded by Councilwoman Fallin. All in favor, motion carried. Specification of Zone District Reaalations. Variations; Permitted and Construction schedule Councilman Isaac moved to accept and the specification of zone district regulations, variations permitted, and the construction schedule and these be included in the final SPA agreement; seconded by Councilwoman Fallin. Richman said there 7 areas to be addressed for the construction scheduled. The Council will be authorizing the city engineer to address the construction impacts. The city engineer will work with the contractor to satisfy concerns of construction. Richman said included in the SPA agreement will be a specific schedule of the length of time the lodge allotment will be active. Councilwoman Walls asked if a hotel is a conditional use in the conservation zone. Richman said a hotel is a conditional use in the CC zone and is a use variation in the conservation zone. The 12 Continued Meeting Ashen City Council April 1, 1 986 applicant is asking Council to vary the use list to allow a hotel as a conditional use. Councilwoman walls moved that ta) hotel be stricken from the permitted and conditional use list. Motion DIES for lack of a second. All in favor, with the exception of Councilwoman Walls. Lodge-Development Allotment Richman said Council needs to discuss granting an allocation of 92 lodge units for this project as well as direct staff that as each of the L-3 conversion comes forward, these be credited to the L-1, L-2 quota. Councilwoman Fallin asked what that would to do the L-3 quota. Richman said this does not change the availability of 10 units annually in L-3. Richman said this 10 units quota has proven adequate over the past 3 years. Councilwoman Walls said Council has previously decided the L-3 units should not be credited to any other zone. Richman told Council the staff recommended that L-3 units be credited to the L-1, L-2 quota during the Aspen Mountain Lodge PUD. Councilwoman Walls said she feels crediting these to the L- l, L-2 quota is away to justify a multi-year allotment. Richman said this is away to looking at the lodge community as a single inventory. Richman said he feels this is to the city' s advantage rather than allowing 90 additional units in the L-3 zone. Richman said this is less impactive. Councilwoman Walls said Council could wipe the 90 units off the books. Councilman Isaac moved to issue a lodge allotment of 92 units and to direct staff to credit the change in use units which will become empl oyee housing to the L-1, L-2 , CC, CL and other ; seconded by Councilwoman Fallin. Councilwoman Walls said this is borrowing into the future for lodge units to 1992 and makes a mockery of the city's GMP. Councilwoman Walls said the GMP has been approved by the citizens in all the surveys that have been made. Mayor Stirling said he is an advocate of the growth management plan; however, there has not been lodge growth in 10 years. Mayor Stirling said the original proposal for this site was 250 rooms, and this is reduced to 92 units. Councilwoman Fallin said she agrees with the philosophy of the growth management. During the 1970 a lot of lodge units were lost to other uses or were condominiumized. Councilwoman Fallin feels the town needs these new units. All in favor, with the exception of Councilwoman Walls. Motion carried. 13 Continued Meeting Aspen City Council ~ AAril 1. 1986 Mayor Stirling asked if Council is interested in deed restricting this project. Councilman Isaac pointed out this is an SPA, and if they make any changes, it will have to be through a hearing process. ORDINANCE #5r3. 1985 - Extending the SPA Boundary Councilman Isaac moved to adopt Ordinance #53, Series of 1985; on second reading; seconded by Councilwoman Fallin. City Attorney Taddune said this ordinance needs to be re-noticed as there was no legal description included in the ordinance. Rane said they have a survey of the entire site; what they do not have is a description of the land being added to the SPA site. Kane told Council that area was never surveyed and the applicants do not have the prerogative to substitute a legal description for that line. Taddune said there should be a specific description in the ordinance so that the public knows what property is being rezoned. Rane said this will cause at least a 3 week delay. Mayor Stirling opened the public hearing. Hans Gramiger said he has never been able to correlate the boundary between CC and conservation. Gramiger said when he scaled this area off on the zoning map, it is short by 5,720 square feet. Taddune said in terms of the technical requirements, the applicants bears the risk. Taddune suggested this be re-noticed for second reading. Councilman Isaac withdrew his motion. Mayor Stirling moved to continue the public hearing April 28, 1986; seconded by Councilwoman Fallin. Gramiger pointed out that the ordinance refers to CC/SPA in two places, rather than C/SPA. Kaufman said the applicants are going to have to spend a lot of money starting construction. The applicants would like to know where Council stands on this issue. Mayor Stirling said if there is a radical change in the description, the applicants cannot rely on Council's approval. Mayor Stirling said if the description is as everyone understands it, the applicants can rely on Council. Mayor Stirling said he would be in favor of this ordinance. All in favor, motion carried. Co un cilmem hers Fallin and Isaac indicated they are inclined to accept this ordinance. 14 Continued Meeting Aspen City Council ~ April 1. 1986 Gondola Building Kane said the gondola building ~is not a building but an enclosure for machinery. Kane said there is nothing inside the building that is not absolutely essential to operate the gondola. Kane agreed it is a big building but there is only one activity going on there. This machinery has to be covered. Kane told Council the applicant investigated loading gondolas with no building. Rane pointed out the distance from the loading platform to the top of the building is 20 feet. Yaw pointed out the north side of the building will be glass and the south side will be open so the building is transparent and completely open. Forsch said the lift is the most significant asset this community has seen in years. Forsch said the applicants made the building as small as possible. Forsch said there is almost no ability to move the lift building. Forsch said he feels the citizens would be willing to have a building in this location to house a gondola. Forsch said the gondola will help the summer business as well as the marketing of ASpen. Forsch said the Ski Company intends to operate the gondola all summer long. Councilwoman Walls said she 1 ikes having a gondola but the building takes up a lot of the Hunter street view corridor. If the Hunter street entrance were wider, there would be more of a view. Kaufman said the vast majority of the mountain can still be seen. Mayor Stirling said no one has come before Council and objected to this building. Richman told Council that p & Z was enthusiastic about the gondola plan . Forsch told Council a building for a detachable quad would not be any smaller. Councilman Isaac said because of this location, the only place this building will be seen from is the Hunter street corridor. Forsch said this building is not in a legal viewplane. Yaw said the applicants have done everything they can in the design of this building to mitigate view blockage. Mayor Stirling said this has a potential to be an interesting building. Yaw showed Council the planter areas around and in front of the gondola and building as a softening element. Yaw told Council the way Poma designed the building, it was two stories taller. The applicant lowered the building as much as possible. Blann said this building cannot be moved to the east or to the west, and with the engineering standards there are few options. Blann said the applicants have minimized the building. Councilwoman Walls said she would prefer less commercial space as well as a wider Hunter street mall. Councilwoman Fallin said she would like the building moved to the east. Gramiger said he feels an alignment further east is feasible technically and with real estate. Charlie Maddalone, mountain manager, told Council if this 1 if t i s moved east it will end up on top of 1 ift 7 , which was just built. Bil Dunaway said he feels the community would put the gondola ahead of the viewplane. The gondola is very 15 Continued Meetinct Aspen City _ Council April 1 , 1986 important to Aspen and will do inestimable good to the resort. Richman said this building does not obliterate the view of the mountain; it does not touch the view of Bell nor the top of Nell. Jeanette Darneaur told Council the Skiing Company has had a lot of interest from all over the country about this gondola. Richman said the goals recognized Aspen is both a resort and a residential community. To make the resort work, there are times when the resident values would have to be traded off. Councilwoman Fallin moved to reconsider with grave misgivings and that she does not like the building; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Motion carried. Councilman Isaac moved to accept the lift design as proposed; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. (Councilwoman Fallin under duress) . Motion carried. Councilman Isaac moved to direct staff to finalize the SPA agreement for the April 14, 1986 Council meeting; seconded by Mayor Stirling. All in favor, with the exception of Councilwoman Walls. Kaufman said Council has been through the entire precise plan, and the only aspect that is lacking is the adoption of Ordinance #53, 1985. Raufman said he would like the public hearing to be only on the adoption of the ordinance as Council has reached a decision on the precise plan. Raufman said he would like to separate the two. Richman said all actions have to be pulled together in one piece. Mayor Stirling said this was a legal meeting and the applicants can rely on Council votes. Councilman Isaac moved to adjourn at 8:55 p, m. ; seconded by Councilwoman Fallin. All in favor, motion carried. Kathryn S. Koch, City Clerk 16