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HomeMy WebLinkAboutminutes.apz.19860331 ( Continued Meetinq 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 comply 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 feet which does not meet the definition of 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 well as skier drop off 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 for 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 way 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 1 Continued Meetinq Aspen eitv Council March 31. 1986 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 t53, 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. Emplovee Housinq 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 2 ( . ( Continued Meetinq AspenCitv Council 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 log fireplaces and the environmental health department commended the applicant for taking this step. Consistencv 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 for 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 for 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. 3 ( / Continued Meetinq Aspen Citv 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 cowIDunity 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 funds 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 from 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 has 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. \ 4 (- Continued Meetinq Aspen Citv Council - MaTch 31. 1986 Richman said he feels 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 infringing 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 footprint of the building reduced. Mark Freedburg told Council throughout the winter, talking to locals and visitors, he has not heard any opposition to the proj ect. 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 feels 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. ( Specif ication of Zone Distr ict Requlations. Variations- permi tte-d 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 feet; 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 I , 5 ("'" ~ ~.~..,~.... Continued Meetinq Aspen Citv -Council- March 31. 1986 begin construction in the spring of 1987 on the hotel. Forsch 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 is to raise the gondola 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 from 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 functions for access to the mountain. Jerry Blann, Aspen Ski Company, told Council the completion date for 4A chair is November 5, and December 15 for the gondola. Their 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 6 (,.. ( ~ \ Continued Meetinq Aspen Citv Council March 31. 1986 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 used 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 is 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. Lodqe Development A-lh>tment 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 a multi-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. 7 . (,.... Continued Meetinq Aspen- Ci tv Council- March 3l. 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 which 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-l, 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-l, 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 credi ting. 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-l, 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. 8