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HomeMy WebLinkAboutminutes.apz.19860414 ( Reqular Meetinq Aspen Citv Council April 14. 1986 he would like to know what alternatives there would be for the traffic control officers. Bob Starodoj suggested the possibility of benevolence of not giving two tickets a day during the off season. SPA AGREEMENT LITTLE NELL Mayor Stirling said this agreement reflects the conditions imposed by P & Z and Council and the adjustments made between conceptual and precise plans. Mayor Stirling said the applicants have mitigated against projected problems and have provided benefits for the best interests of the community. Alan Richman, planning director, told Council staff has been working on the final agreement; there are some language clarifications as well as some additions to the agreement. Richman said the purpose of the SPA agreement is to prov ide wr i t ten guarantee of all the improvements to the site and to provide financial guarantees that these improvements will be adequately installed. The agreement incorporates all the representations made by the applicant to insure that the project presented to Council is the project that gets built. Richman told Council the SPA agreement also sets the development regulations including use, area and bulk requirements for the (' si te, which are set out in Section 1. Richman said there is a variation for open space, which variation is the way open space has been calculated to allow open space to be counted which is above 4 feet above grade. Mayor Stirling asked if there will be public bathroom facilities at Little Nell. Peter Forsch, Skiing Company, said there will be public facilities. Richman pointed out there is one use variation and 3 area and bulk variations for trash access, FAR, and open space calculations. Section III contains the construction schedule. There will be some demolition on site. Richman said he had hoped the maintenance facility would be demolished this year; however, shipping and receiving will have to occur in this facility until the hotel is built. Richman said this section provides the city engineer and building official to work with the construction contractor to coordinate the construction schedule and to insure the proper staging occurs. Councilman Isaac said he is concerned that Spring street be available for access during construction. Forsch said they hope to keep it open 95 percent of the time. This will be finished and repaved by Memorial day. Forsch said they have discussed this with surrounding property owners, who are aware of the impacts. Mayor Stirling asked about the impacts on Spring street during the major demolition in phase 2. Forsch said they have not gotten into a detailed construction schedule for phase 2. 3 Reqular Meetinq Aspen City Council April 14. 1986 Richman said the landscaping plan for phase 1 is incorporated in this agreement. This plan indicates the temporary improvements for Dean street, Hunter street, the west wing under construction, and the gondola terminal building built. Mayor Stirling asked how much paving and planting will be involved. Bill Kane said sheet 4 exhibit 2 shows everything that will be installed. The existing planting on the west side of Hunter street will be preserved and the balance will be paved with asphalt. Richman told Council the final landscape plan has not been agreed upon and the Council will be reviewing this plan prior to construction of the hotel phase of the project. / Richman said Section V is to assure the improvements will be installed by having money available to make sure they are of adequate quality. This covers the utility, mall and landscaping improvements. Richman said the Code states the city may require 125% of the landscaping costs to provide for maintenance during the first few years. Richman said staff feels phase 1 should be covered at 100 percent. For phase 2, the applicant has provided language that the amount could be updated. Councilman Isaac asked if the landscape figures are adequate. Jay Hammond, city engineer, told Council he will review the fignres in detail. Forsch told Council these are actual bid numbers that the applicant has signed a contract for. Richman said Section VI covers employee housing which was set by Council as part of the precise plan approval. The applicant will deed restrict two rooms at the Holiday House associated with the gondola and 15 rooms at the Holiday House associated with the hotel. This section provides a mechanism for the city to receive these deed restrictions. Mayor Stirling asked when the upgrading of the Holiday Bouse would occur. Forsch said the applicant plans to do most of the work this summer. Richman said this agreement should include the timing of the employee units. ~ Richman said Section VII covers parking, 46 spaces are required as part of the master plan and 118 parking spaces will be provided on-site. Councilman Isaac said he feels 46 spaces are vastly inadequately for the gondola and present operation. Mayor Stirling said he is glad to see the inclusion of the statement that the applicant indicates a willingness to consider providing additional parking spaces is a structure is built proximate to the ski lifts. Forsch said the applicant will contribute to those 46 spaces in a city parking garage or build them independently. Councilwoman Fallin asked about the 30 parking spaces at lift lA previously discussed. Richman said these are not included in the agreement because the commitment required in the county's resolution has been followed through by the appl icant. The commitment to maintain these spaces or replace them underground is attached to the land. Richman said there 4 ( ( ~ Reqular Meetinq - Asoen City Council Apr il- 14. 1986 will be a letter between the city and the applicant recognizing this condition has been met. Richman told Council section VIII deals with site improvements the applicant has committed to. These are areas that improvements are occurring to public facilities. Richman said these deal with water, sewer, fire protection and have been checked out with the appropriate agencies. Richman said there will be some minor language changes. Mayor Stirling urged the applicant to readdress its existing ski passport and suggested it be made more affordable. Mayor Stirling pointed out there will be improved circulation on both Aspen and Snowmass ski areas. Mayor Stirling said the applicant has an opportunity to create good will locally, and the applicant should be sensitive to that. An unaffordable pass does have an adverse impact on the local employees. Mayor Stirling pointed out the Ski Company does do some significant things, like the Aspen Foundation, the Winternational event and public service passes. Mayor Stirling said there is a chance for the ski passport to be affordable. Mayor Stirling said the objection to a season pass because of access to the mountain is no longer true. Mayor Stirling suggested the pass be available to every employee, not just those belonging to a certain organization. Jerry Blann, Skiing Company, said he feels the applicant has made strides in going with the ski passport. The applicant intends to move slowly wi_th this. The mountains do have a finite capacity and the applicant wants to maintain the quality ski expel ience for the guests. Blann said the applicant cannot give a commitment that the price of skiing will go down. Blann said costs are increasing in the community, and one reason is the city's code process. Blann said these costs of the process are very significant. Blann said the Skiing Company will continue to try to make recreational activities available at a more affordable price when and if the capacity is available. Blann told Council the Skiing Company will discuss variations of the passport. Mayor Stirling asked about the rebate to employees who do not have access to the rebate because the businesses do not belong to the ARA. Blann said the applicant feels very strongly that this resort needs a concerted resort effort in marketing and central reservations and the applicant wants to support the ARA in any way possible. Richman said Section IX covers commitments made by the owner throughout this process. Richman suggested the applicant add the commitment to an auto taxi dropoff at lift lA and commitments to have vans, valet parking and employee shuttles. Richman said these will be added to this agreement. Richman told Council the one area of disagreement is paragraph 6 regarding improvement 5 . ( Reqular Meetinq Aspen Citv Council Apr il 14. 1986 ( district. Mayor Stirling said the applicant has committed to participate in the lodge improvement district. City Attorney Taddune told Council this language is in all subdivision applications. Forsch said this section was not discussed in any part of the approval process. The applicant has committed to participate in the lodge improvement district, which is sorely needed. The applicant is objecting to their inability to have any say so in the extent of the improvement district. This section eliminates any ability to react within the process. This paragraph forces the applicant to joint on demand of the city any special improvement district or to reimburse the city on demand. Forsch said the improvement list includes, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, and recreation facilities and parking. Forsch said it is onerous to expect the applicant to give the city the right to do any improvements and then have the applicant pay for them. City Attorney Taddune suggested giving the applicant the ability to protest the assessment and to delete language regarding reimbursement. Forsch said the applicant is willing to make a commitment and to participate to the degree other property owners would. Taddune said this language could be refined. Richman said Council could approve this agreement subject to finalization of the language by the staff. Councilman Isaac said he would like to see the final document. Mayor Stirling suggested voting on the concept of the agreement and if Council approves the language for this section, then it need not return to Council. Councilman Isaac agreed with that approach. Taddune said the applicant wants to be able to object if they feel the city's assessment is unreasonable. Mayor Stirling said he is interested in looking at different language for this section, and have staff circulate it to Council and deal with the SPA agreement tonight. Councilman Isaac said he would like the agreement to include a statement by the applicant that the drop off area will be staffed. Forsch said he feels this area should only be staffed in the winter. Mayor Stirling agreed it should be during ski operations. Richman pointed out any action Council takes should be subject to the final adoption of Ordinance '53, Series of 1985. Richman told Council the rest of the agreement is standard language. Mayor Stirling moved to approve the SPA agreement for the Little Nell base development including a growth management allocation for 92 lodge units, change of use approval for employee housing at the Boliday House, and the specially planned area conceptual plan approval and precise plan approval, subject to final approval of all language, particularly in paragraph 6, page 24, Section IX (a), and that this be final approval to be signed by 6 (r (-~ ..."...,.~ ~ . Reqular Meetinq Aspen Citv Council April 14. 1986 the Mayor once the language is acceptable to staff, and the above paragraph be circulated to Council; seconded by Councilman Isaac. Hans Gramiger maintained there is too much going on on this site. Gramiger said discussing the trade off between a gondola and a hotel is wrong. The gondola is a corporate decision to upgrade Aspen mountain and has nothing to do with the hotel. Gramiger said the applicant has to earn points by doing something extra for the public benefit. Gramiger said the gondola building will be an offense. Gramiger said the top of the mountain will have an additional l4,000 square feet of building to house the gondola cars. Gramiger proposed the Little Nell gondola 1 ift be undergrounded and the parking for the gondola cars be under ground. Gramiger illustrated that the gondola building will obstruct the only remaining open space on Hunter street. Gramiger proposed to lower the building 17 feet with the loading platform at the same level as Durant and Dean streets and the gondola cars would come out through a tunnel. Gramiger said with his plan, everything would be underground. Forsch said an underground building would preclude any repeat skiing. Forsch said he does not feel having a subgrade building makes sense. Kaufman said the height and location of the gondola building works best Mayor Stirling said that paragraph 6 of the agreement has to be accepted by Council, and the amended language should be given to Council as soon as possible. Mayor Stirling said Council could continue this meeting to April 2l to approve this language if needed. All in favor, with the exception of Councilwoman Walls. Motion carried. CLEAN INDOOR AIR ACT REVIEW Mayor Stirling said Council has had a work session on this ordinance to review whether it has worked and to make a decision on whether to go ahead with phase 2. The environmental health department did a survey of restaurants and retail outlets. This discussion is to decide about phase 2. Lee Cassin, environmental health department, said the restaurant association feels the survey did not adequately address phase 2. The primary intent of the survey was to find out if businesses had been effected by this law. The survey shows there is very little impact on restaurants and retail stores. Councilwoman Fallin said she has a problem with constructing a separate area with separate ventilation. This will be an impact on the restaurants and will be very costly. Councilwoman Fallin said she feels the sections has worked well and would prefer it stay the same. 7