HomeMy WebLinkAboutresolution.council.065-08RESOLUTION N0.65,
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING
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.
Parcel 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 approval of conceptual commercial design review, conceptual approval for a
Specially Planned Area (SPA), Planned Unit Development (PUD), and Timeshare, to
develop nineteen (19) timeshare units and twelve (12) affordable housing units, and to
redesign existing commercial spaces; and,
WHEREAS, pursuant to Section 26.440, the City Council may approve a
Conceptual SPA, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant refen•al
agencies; and,
WHEREAS, pursuant to Section 26.590, the City Council may approve a
Conceptual Timeshare, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended the Applicant amend
the proposal to better comply with the requirements of a Specially Planned Area (SPA), a
Resolution No 65, Series 2008
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Planned Unit Development (PUD), Conceptual Timeshare, and the Commercial Design
Standards; and,
WHEREAS, the Applicant amended the application to include twenty (20)
timeshaze units and amended the site plan for the May 6, 2008 Planning and Zoning
hearing; and,
WHEREAS, during a duly noticed public hearing on May 6, 2008, continued
from February 5, 2008, Februazy 19, 2008, Mazch 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,
Conceptual Timeshare; and,
WHEREAS, during a duly noticed public hearing on July 14, 2008, the City
Council approved Resolution No. 65, Series of 2008, by a Four to One (4 -1) vote,
approving Conceptual PUD, Conceptual SPA, Conceptual Timeshare; and,
WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council 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 City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves Conceptual Specially Planned Area (SPA),
Conceptual Planned Unit Development (PUD), and Conceptual Timeshare.
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
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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• Eneineerin¢
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 cornments 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. The final application shall
include a detailed drainage plan meeting all Engineering Department standards.
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 Board 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 Mitigation
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 standards of Title 8 (Water Conservation and Plumbing Advisory
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 standards. 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.
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Details of how the mechanical room water distribution to the townhouse needs to be
addressed in the final application. This distribution of service maybe in conflict with the
IRC. A service agreement maybe 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
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 clear 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 regards to asbestos.
Additionally, code requirements to be aware 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 Li¢htine
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/Site Transportation Impact Analysis. The
Applicant shall meet with City Transportation, Engineering, and Community
Development Staff prior to conducting the traffic study regarding the intersections
included in the study, and the dates the study is conducted. Any solutions
proposed as a result of the traffic study, including but not limited to improvements
on Ute Avenue, shall be reviewed with the Engineering, Transportation, and
Community Development Staffs prior to inclusion in the final Application to
ensure they are consistent with City policies and guidelines. The study shall be
required as part of the final Application.
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2. Parking issues for residents and guests at the Aspen Club. This shall include the
usage of lots 14A and 15 for parking, as well as parking impacts on Ute Avenue.
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 characteristics of the paid parking proposal, the carpool
proposal, the carshare proposal, the bike share 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 carshare
program.
o Examine the feasibility of utilizing the existing Cross-Town Shuttle
service rather than adding additional shuttle services;
o Address how the Club will encourage the affordable housing residents and
its employees to use alternative forms of transportation;
o Address pedestrian access from the affordable housing units to Ute
Avenue and the bus stop;
o Address Quality of Service in addition to Level of Service; and
o Examine the appropriateness of improvements to Ute Avenue given City
policies and guidelines. All proposed improvements to Ute Avenue
should be reviewed in conjunction with the City Transportation,
Engineering, and Community Development Departments.
Section 11: Parks
1. The final application shall include a detailed plan submitted for stream margin
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 area 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. Parks is not comfortable with the proposed relocation of access walkway. The
Applicant shall work with the parks 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.
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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: Avalanctre Hazard Report
The Applicant shall be required to submit an updated Avalanche Hazard 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 awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
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:
Approval of a conceptual development plan shall not constitute a final, vested development
right. Approval of a conceptual development plan shall only authorize the applicant to
submit an application for final PUD, SPA, and Timeshare in accordance with this resolution.
Section 15
A public hearing on the resolution shall be held on the 25`h day of June, 2008, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a newspaper of general circulation
within the City of Aspen.
FINALLY, adopted, passed and approved thisl4th day of July. 2008.
ATTEST:
Kathryn S. K ,City erk
APPROVED AS TO FORM:
Jotre'P. Worcester, City Attorney
Resolution No 65, Series 2008
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