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HomeMy WebLinkAboutresolution.apz.009-08.~-- RESOLUTION N0. 9, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW, AND RECOMMENDING THE CITY COUNCIL APPROVE A CONCEPTUAL SPECIALLY PLANNED AREA (SPA), CONCEPTUAL PLANNED UNIT DEVELOPMENT (PUD), AND CONCEPTUAL TIMESHARE, FOR THE DEVELOPMENT OF SUB-GRADE PARKING, TWENTY TIMESHARE UNITS, REDESIGNED COMMERCIAL SPACE, AND TWELVE AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB) CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parce[ ID: 2737-181-32-019 WHEREAS, the Community Development Department received an application from Aspen Club and Spa, LLC, represented by Sunny Vann of Vann Associates, LLC requesting of the Planning and Zoning Commission approval of conceptual commercial design review, and a recommendation of conceptual approval for a Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshaze, to develop nineteen (19) timeshaze units and twelve (12) affordable housing units, and to redesign existing commercial spaces; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission for conceptual approval of an amendment to a Planned Unit Development (PUD), a conceptual approval of a new Specially Planned Area (SPA), conceptual approval of a timeshaze, and for conceptual approval of commercial design review; and, WHEREAS, upon initial review of the application and the applicable code standazds, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA), a Planned Unit Development (PUD), Conceptual Timeshaze, and the Commercial Design Standards; and, WHEREAS, the Applicant amended the application to include twenty (20) timeshare units and amended the site plan for the May 6, 2008 Planning and Zoning hearing; and, WHEREAS, during a duly noticed public heazing on May 6, 2008, continued from February 5, 2008, Februazy 19, 2008, March 4, 2008, Mazch 18, 2008, and April 1, 2008, the Planning and Zoning Commission approved Resolution No. 9, Series of 2008, by a Four to One (4 -1) vote, approving Conceptual Commercial Design Review, and recommending the Aspen City Council approve a Conceptual PUD, Conceptual SPA, Concentual Timeshare' and RECEPTION#: 549039, 05/09/2008 at 09:24:00 AM, 1 OF 8, R $41.00 Doc Code RESOLUTION Resolution No 9, Series 2008 Janice K. Vos Caudill, Pitkin County, CO Page 1 of 6 zo OV ~_ - t"6 J « ~ o~ ° rn o N WU V ~ C r d j~ ~' o o ~a N U . ~ O m O ~ '~ o U O ~ 'a a ~ Y m Ua LL,u ~o~~ ~..V WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission fmds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal t Code, the Planning and Zoning Commission hereby approves Conceptual Commercial Design Review, and recommends approval of Conceptual Specially Planned Area (SPA), Conceptual Planned Unit Development (PUD), and Conceptual Timeshaze. Drawings illustrating the Conceptual Commercial Design Review aze attached as Exhibit A to the Resolution. The final SPA/PUD application shall address comments in the following sections: Section 2: Buildine The Applicant shall meet all adopted building codes and requirements if and when a building permit is submitted. Accessible routes to any public right-of--way and accessible pazking spaces will be required. The proposed project will be subject to the Use Tax on building materials. The proposed project will be required to comply with all Efficient Building Programs in place at time of building permit submittal. Section 3: Engineerine The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standazds published by the Engineering Department. The proposal shall comply with the DRC comments from the Engineering Department regarding transportation, drainage, pedestrian improvements, construction management, traffic studies, utilities and sight distances. The Applicant shall be subject to the Stormwater System Development Fee. Resolution No 9, Series 2008 Page 2 of 6 The final application shall address how the construction management plan will address construction while the Club remains open, and shall address how all construction activities will not impact all trees that are remaining on the site. Aspen Club Trail access or use for any construction activities is prohibited at all times; this includes but is not limited to truck traffic, foot traffic, storage or materials. Prior to submittal of the final application, the Applicant shall work with the Engineering Department and the Streets Department to ensure that any proposed Right-of--Way improvements, including speed bumps and crosswalks, meet all applicable standazds. Section 4: Affordable Housin¢ The Housing Boazd recommends that the three smaller units be deed-restricted as Category 2 units and that the other nine units be a mix of Category 3 and 4. The Applicant shall examine this request and address it in the final application. Section 5: Fire Mitisation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory v Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standazds. Each of the units within the building shall have individual water meters. The final application shall confirm that the 3-hydrants shown aze adequate for the new land use Nothing from the 1976 PUD water rights agreement may change as part of this current project. A detailed utility plan including fire system requirements needs to be completed and submitted for approval. Details of how the mechanical room water distribution to the townhouse needs to be addressed in the final application. This distribution of service may be in conflict with the IRC. A service agreement may be needed for this option type. There is a planned replacement of roughly 1000 l.f. of existing waterline in Ute Avenue scheduled. The Applicant shall address how coordination in construction will occur in the final application. The final application shall also outline the proposed Water Line main loop. The final application shall address snow storage and drainage. Section 7: Sanitation District Requirements The district will require a conceptual sanitary sewer utility plan for this development ~., Resolution No 9, Series 2008 Page 3 of 6 before committing to serve the proposed project. The plan must be acceptable and beneficial to the owner, the district and the Silver Lining Ranch. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that cleaz water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. The district will require that the applicant verify that the existing building's roof drains do not discharge the sanitary sewer system. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regazds to asbestos. Additionally, code requirements to be awaze of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. The Applicant must meet all applicable requirements associated with the new pool. Section 9: Exterior Liehtin¢ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: Transportation The Applicant shall address all of the following in the final PUD/SPA Application: 1. An updated traffic impact study. 2. Pazking issues for residents and guests at the Aspen Club. 3. Detailed Transportation Plan, which at a minimum includes the following information: o Which street the Aspen Club and Hotel Shuttles will use to access the Club; o Operational chazacteristics of the paid parking proposal, the carpool proposal, the cazshaze proposal, the bike shaze proposal, and the monitoring plan; o Examine how existing transportation services to the airport could be utilized for the pick-up/drop-off of timeshare owners/guests, and how the Club would coordinate pick-ups to minimize the number of total trips taken; o Address the feasibility of a corporate membership with the City's cazshaze program. o Examine the feasibility of utilizing the existing Cross-Town Shuttle service rather than adding additional shuttle services; and o Address how the Club will encourage the affordable housing residents and its employees to use alternative forms of transportation. Section 11: Parks Resolution No 9, Series 2008 Page 4 of 6 ,„. 1. The final application shall include a detailed plan submitted for stream mazgin ~„ protection and stability of the hillside above the trail. 2. The final application shall include information on how trees that are to remain on the site will be protected throughout construction. 3. The natural stands of native landscaping located along Ute Ave should be protected with as little disturbance to the azea as possible. This shall be addressed in the final application. The City will work with the developer to outline a possible trail/sidewalk connection along the ROW on Ute Ave. 4. Pazks is not comfortable with the proposed relocation of access walkway. The Applicant shall work with the pazks department prior to submittal of the final application to address all concerns related to all landscaping considerations, including proposed landscaping, proposed tree removals, and proposed relocation of access walkway. 5. The Applicant shall include the trail easement language for the existing Aspen Club Trail located on the North side of the property as part of the final application. Section 12: Avalanche Hazard Report The Applicant shall be required to submit an updated Avalanche Hazazd Report detailing the avalanche danger for the lot. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 15• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6th r day of May, 2008. w.. Resolution No 9, Series 2008 Page 5 of 6 ,~, APPROVED AS TO FORM: PLANNING AND ZONING CO SSION: ity Attorney L spamer, Chair ATTEST: ckie Lothian, Deputy City Clerk t... w,. 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