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HomeMy WebLinkAboutresolution.council.045-09RESOLUTION No. 45 (SERIES OF 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL DETERMINING THE "LODGE AT ASPEN MOUNTAIN MASTER PLAN" ELIGIBLE AS A PROJECT REASONABLY NECESSARY FOR THE CONVENIENCE AND WELFARE OF THE PUBLIC (COWOP) ON PROPERTY LOCATED GENERALLY SOUTH OF DEANE STREET AND WEST OF SOUTH ASPEN STREET OWNED BY ASPEN LAND FUND II, LLC, THE ASPEN SKIING COMPANY, MARY K. BARBEE, AND THE CITY OF ASPEN, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received a completed application from Aspen Land Fund II, LLC (also known as Centurion Partners LLC); the Aspen Skiing Company; and the Aspen City Manager on behalf of the City of Aspen, for a determination of eligibility for a project, known as the Lodge at Aspen Mountain Master Plan, reasonably necessary for the convenience and welfare of the public (COWOP) for a redevelopment of certain lands owned by the applicants for the purpose of providing improved access to and enhanced lift-served skiing on Aspen Mountain, developing or redeveloping public streets and recreational facilities and improved pedestrian, vehicular and emergency vehicle access to properties along South Aspen Street, the development of public facilities and infrastructure, non- traditional energy sources such as ground source energy systems, public transportation improvements, commercial, lodging and free-mazket residential uses, and the development of affordable housing by the private sector in conjunction with the City; and WHEREAS, the City of Aspen manages public rights-of--way in the Master Plan azea including South Aspen Street south of Deane Street, unvacated portions of Deane Street west of South Aspen Street, Juan Street between South Aspen Street and Garmisch Street, and Garmisch Street from Juan Street to Durant Avenue; and WHEREAS, the legal descriptions of the lands within the Master Plan azea aze attached hereto as Exhibit A and made a part hereof by this reference; and WHEREAS, pursuant to Section 26.500.010 et. seq. of the Land Use Code, the City Council may make a determination whether a proposed development is reasonably necessary for the convenience and welfare of the public by applying the standards set forth in Section 26.500.040 following a duly noticed public heazing after taking and considering comments from the general public and a recommendation from the Community Development Director; and WHEREAS, the Community Development Director has determined that the Lodge at Aspen Mountain Master Plan may be eligible for consideration as a project reasonably necessary for the convenience and welfare of the public, has submitted a memorandum to the City Council in compliance with the procedural requirements of Section 26.500.050, and has notified in writing the Planning and Zoning Commission and the Aspen/Pitkin County Housing Authority of Resolution No. 45, Series 2009 Page 1 the date of the public hearing before the City Council at which time a determination is to be made concerning eligibility of the proposed development; and WHEREAS, the City Council has reviewed and considered the Lodge at Aspen Mountain Master Plan eligibility proposal under the applicable provisions of the Land Use Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and WHEREAS, the City Council finds that the proposed development meets or exceeds the Standards for Determination, Section 26.500.040, for the following reasons: 1. The Master Plan could provide improved access to and enhanced lift-served skiing on Aspen Mountain, lodging facilities that meet the needs of the community, affordable housing serving the needs of the community, improved pedestrian, vehiculaz and emergency vehicle access, the development or redevelopment of public streets and public pazking, the development of other public facilities and infrastructure, the development ofnon-traditional energy sources such as ground source energy systems, public transportation improvements, an innovative approach to the management of construction activities and impacts, and provision for ongoing maintenance and operation of the area's infrastructure; 2. Preserving and enhancing short-term lodging facilities, providing adequate emergency services and access, the provision of effective access to and the enhancement of lift- served skiing, housing the workforce, and energy efficiency aze stated community goals that could be effectively addressed through the Master Plan of this azea; 3. Portions of the subject azea are owned or maintained by the City of Aspen and the Master Plan could permit an advantageous redevelopment and/or disposition of those properties; 4. Pursuant to Resolution No. 13 (Series of 2008), the City Council previously established a COWOP Task Force Team to develop a Master Plan for the "Lift One Neighborhood", which included the lands that are the subject of the current Master Plan together with certain additional lands lying easterly of South Aspen Street owned by Roazing Fork Mountain Lodge -Aspen, LLC ("Roaring Fork"). The Lift One Neighborhood Master Plan COWOP Task Force Team met for between 3 and 7 hours at each of 26 meetings from April 10, 2008 through October 2, 2008 to consider project goals, constraints, concepts, and development scenarios, and the progress of the Task Force was presented to numerous public bodies and forums throughout the COWOP review period. 5. The COWOP Task Force ultimately determined that the Lift One Neighborhood Master Plan would provide substantial benefits to the community and recommended adoption of the Master Plan by a vote of 19-1 (and one neutral) at the final Task Force meeting on October 2, 2008. The Planning and Zoning Commission, following a series of public hearings during August, September and October of 2008, also recommended adoption of the Master Plan by a vote of 6-0. The Community Development Director then reviewed the recommendations of the Task Force and of the Planning and Zoning Commission, together with the requirements of the Resolution No. 45, Series 2009 Page 2 Land Use Code, and recommended that the City Council adopt a proposed Ordinance granting all necessary land use approvals for the establishment of a Development Order for the Lift One Neighborhood Master Plan. 6. Following cazeful consideration of the Lift One Neighborhood Master Plan at a series of public meetings, on January 14, 2009 the City Council voted 2-2 on a motion to approve the proposed Ordinance, resulting in a failed motion. The principal concern with the Master Plan expressed by the dissenting Council members and by certain members of the public was the mass and scale of the Lodge at Aspen Mountain component of the Master Plan. On June 10, 2009 Roazing Fork terminated the Lift One Neighborhood Master Plan COWOP in order to pursue independently its original PUD application for the development of the Lift One Lodge property. 7. On Mazch 6, 2009, Centurion Partners hosted a meeting at the Aspen Square Hotel conference room with interested members of the public to discuss the issues of building scale/mass and hotel room affordability as related to the proposed Lodge at Aspen Mountain project. Throughout the meeting, members of the audience had the opportunity to ask questions and to express their views regarding how the project might be revised to address concerns about scale/mass and affordability. 8. In response to the feedback received at that meeting, Centurion Partners has made substantial changes to the mass and scale of the Lodge at Aspen Mountain project, resulting in revisions to its development program including (i) the separation of the mass of the original lodge structure, and (ii) a reduction in the size of the project and its hotel rooms and free market residential units. 9. On May 27 and on June 10, 2009, Centurion Partners hosted further meetings at the Limelight Lodge conference room to present to interested members of the public two options for reducing the overall scale/mass of the Lodge at Aspen Mountain project, as well as a proposed scenazio whereby a number of hotel rooms could be priced differently in order to make them more widely affordable. Members of the audience had the opportunity to ask questions and to express their views regarding the new design options and the hotel room pricing scenario. Numerous attendees stated their opinion that the new design options represent meaningful reductions in the scale/mass of the project. 10. The Lift One Neighborhood Master Plan, which had widespread Task Force and other community support, contained numerous elements that were considered to be of substantial benefit to the Aspen community. The Lodge at Aspen Mountain Master Plan proposes to implement all of those community benefits lying within the new Master Plan azea, including without limitation the integrated redevelopment of the lands within the new Master Plan azea, the relocation and development of a new high speed ski lift in place of existing Lift lA, the realignment and redevelopment of South Aspen Street and the establishment of a cul-de-sac at the southerly terminus thereof, various improvements to Juan and South Garmisch Streets, the provision of public parking, the provision of public ski lockers, the provision of improved Resolution No. 45, Series 2009 Page 3 .~ neighborhood transportation, and the provision of affordable housing mitigation for 100 percent ,.~,, of the employees generated by the Lodge at Aspen Mountain project. 11. The proposed Lodge at Aspen Mountain Master Plan may also provide an opportunity to implement other community benefits identified in the original Lift One Neighborhood Master Plan lying outside of the new Master Plan azea. As was the case in the previous Master Plan, Centurion Partners is prepared to financially contribute its proportionate share of the cost of implementing such identified community benefits as may be developed in that azea. Further, Centurion Partners proposes to realign portions of South Aspen Street, which may also facilitate the accomplishment of certain of those additional community benefits. 12. The proposed Lodge at Aspen Mountain Master Plan process will not only preserve and cause the implementation of the community benefits in the new Master Plan azea that were identified and recommended by the earlier COWOP Master Plan, it may contribute to the implementation of other community benefits identified in that earlier Master Plan, and it will create a COWOP Task Force Team that will include landowners, neighbors, and members of public bodies and of the public at large that will provide a further interactive and multidisciplinary review and recommendation for the scale and mass, architectural chazacter, and hotel room affordability of the Lodge at Aspen Mountain project. 13. The City Council believes that the proposed Lodge at Aspen Mountain Master Plan COWOP represents a significant and valuable opportunity tp continue and finalize the master planning of the new Master Plan area. 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, COLORADO, THAT: Section 1- Eli¢ibility. Pursuant to Section 26.500.040 of the Land Use Code, the Lodge at Aspen Mountain Master Plan, as described herein, is determined to be development reasonably necessazy for the convenience and welfaze of the public. Section 2 -Procedure and Standards. Pursuant to Section 26.500.050(B)(b), the procedure and standazds for review of the project shall be: Process: The Chair of the Task Force Team shall be the Director of the Community Development Department, who may designate a meeting facilitator or other personnel or contractors as needed. 2. Property owners shall represent themselves or designate a representative. * Resolution No. 45, Series 2009 Page 4 3. The Task Force Team shall meet and review the proposed Lodge at Aspen Mountain Master Plan, with particular attention to the mass and scale of the proposed development and the contextual relationship of the project to sun•ounding properties, using the Standards of Review set forth below. 4. Community Development and Interdepartmental Technical Staff Review, as appropriate. 5. Task Force Team and Staff provide recommendations to City Council. 6. Formal final approval decision shall be the responsibility of City Council and shall require adoption of an Ordinance. City Council, upon a recommendation from the COWOP Task Force Team or on their own, may refer the Ordinance to a public vote. City Council may, by resolution, determine the project no longer qualifies for the COWOP process, at any time, and discontinue the COWOP Task Force Team. The followine standards shall be used by the Task Force to ¢uide their decisions: 1. Section 26.445.050, Review Standards: Planned Unit Development. 2. Section 26.310, Amendments to the Land Use Code and Official Zone District Map. 3. Section 26.470, Growth Management, to the extent determined necessary during project review. It is expected that commercial, lodging, affordable housing, and free- market housing allotments will not require an additional review beyond the COWOP review. 4. Section 26.480, Subdivision, if determined to be necessary during project review. 5. Technical design standards of utility providers shall be considered and the COWOP decision shall not supersede any non-city utility provider. 6. The Aspen Area Community Plan shall be considered a policy guide and the final recommendation shall include an analysis of conformance with this adopted plan. Section 3 - COWOP Task Force Team Members. Pursuant to Section 26.500.050(B)(c), the Task Force Team to review the development proposal shall include representatives from the following: • Task Force Team Chair -Chris Bendon, Community Development Director (non-voting) • Planning Staff - as assigned by the Community Development Director (non-voting) • City Council Members (2) - to be determined Resolution No. 45, Series 2009 Page 5 • Planning and Zoning Commission member - to be determined • Centurion Partners, LLC -John Sarpa • Aspen Skiing Company -Dave Bellack • Eight neighbors to include one representative from each of the following properties/home owners associations: o South Point Condominiums - to be determined o Lift One Condominiums - to be determined o Timber Ridge Condominiums - to be determined o Trainor's Landing Condominiums - to be determined o Juan Street Condominiums - to be determined o Shadow Mountain Condominiums - to be determined o Mountain Queen Condominiums - to be determined o Lift One Lodge (Roaring Fork Lodge -Aspen LLC) -Bob Daniel Aspen Valley Ski Club -Mark Cole • Aspen Chamber Resort Association -Debbie Braun • Five to Ten citizens at-large - to be determined It is acknowledged through this Resolution that it will be beneficial for many interested parties beyond those identified in the above noted list to be involved in the COWOP process and that the opportunity for involvement is created through this process. Additional interested parties will be able to attend the meetings of the COWOP Task Force Team and may be provided with e-mail notice of scheduled meetings at their request. All meetings of the Task Force Team will be conducted in public hearings. It is also acknowledged through this Resolution that numerous City Departments, other governmental or district agencies and consultants will provide technical assistance and analysis as determined to be necessary and/or as required. Section 4 - Prouosed Timeframe. Pursuant to Section 26.500.050(B)(d), the timeframe for the procedure to be used to review the proposed development shall commence promptly following approval of this Resolution, but no deadline shall be implemented for a COWOP recommendation or a City Council decision. Section 5 -Components of the Master Plan and Adoption. At a minimum, the Master Plan adopted pursuant to this process shall include: 1. A description and depiction of allowable development on each property, including allowable height, area, bulk, density, uses, operating chazacteristics, and unit ownership structure. Resolution No. 45, Series 2009 Page 6 2. A description and depiction of conceptual architecture, character, materials, and fenestration. The Master Plan should describe the specificity upon which conceptual architecture may be amended and the process of amendment. 3. A description and depiction of the rights-of--way to be vacated, upgraded, or otherwise affected including encroachments therein. 4. A description of the amount and method(s) of affordable housing and other development impact mitigation requirements that must be provided. 5. A description and allocation of responsibility for the development and maintenance of neighborhood and shared infrastructure and community benefits (e.g., road improvements and public parking). 6. A description of the timing, phasing, and management of construction activity. The Community Development Director shall present the findings and recommendations of the Task Force to City Council during a public hearing and shall provide an analysis for the proposal and the standards of review identified herein along with a proposed Ordinance that implements and entitles the Master Plan. The proposed Ordinance shall provide final approval of the necessary land use reviews and shall cause issuance of a Development Order, subject to any detailed design, engineering, documentation and platting recordation requirements applicable to each development site and any final reviews that may be required in connection therewith, with the understanding that all such final reviews shall be ministerial in nature. The Ordinance adopting the Master Plan shall describe and implement the necessary reductions in Growth Management Allocations to accommodate the build-out of the Master Plan. Section 6 - Citv's Timely Processin¢ and Review. The City Council shall allocate meeting times and resources of the City as necessary and reasonable for the timely processing, review, and guidance of the master planning COWOP process. Section 7 -Cost of Master Plannine Process. All costs associated with the Lodge at Aspen Mountain Master Plan process shall be the responsibility of Centurion Partners. The City shall not assess land use review fees for this master planning process. Section 8 - Townhomes Project on Hold. City Council Ordinance No. 32, Series of 2003, granted approval for a development on the Centurion properties known as the "townhomes project" on land owned by Aspen Land Fund II, LLC. City Council Resolution No. 9, Series of 2009, extended the statutory vested rights for the townhomes project through January 28, 2011. Pursuant to Section 12 of Resolution No. 13, Series of 2008, the Chief Building Official discontinued review of the building permits for the townhome project and considered the permit dormant with respect to Section 105.3.2, Time Limitation of Application, of the 2003 Resolution No. 45, Series 2009 Page 7 International Building Code. Centurion shall have the right to reactivate the building permit application at any time prior to January 28, 2011. The townhome approvals embodied in Ordinance No. 32, Series of 2003, and all building permits and applications and vested rights associated therewith shall be exempt from Section 26.304.030(F) ("No Multiple Applications") of the Land Use Code, and shall not be otherwise adversely affected or impaired in any way by the involvement of the Centurion Partners property in this master planning COWOP process. Finally, Centurion Partners' participation in the COWOP process shall be exempt from Section 26.304.060(F) ("Resubmittal of a Previously Denied Application") of the Land Use Code. FINALLY adopted, passed and approved this 13`h day of July, 2009. Attest: ~, ~ Kathryn S. K ,City Clerk Michael C. Ire and, Mayor Approved as to form: LJehri P. orcester, City Attorney Exhibit A -Map and Legal descriptions of land subject to Master Planning Review. Resolution No. 45, Series 2009 Page 8 EXHIBIT A LEGAL DESCRIPTION LODGE AT ASPEN MOUNTAIN MASTER PLAN A. Property of Aspen Land Fund II, LLC -South Aspen Street Subdivision/Planned Unit Development Lots 1, 2, and 3, as described on the plat thereof recorded Apri127, 2007 with the Pitkin County Clerk and Recorder as Reception No. 537080 in Book 83, Page 50. B. Property of Aspen Skiing Company -That property owned by the Aspen Skiing Company extending generally to the south from the southwesterly boundary of the Mountain Queen Condominiums, the southerly boundary of Block 12, Eames Addition to the City and Townsite of Aspen, the south end of the south Aspen Street right-of--way and the southerly boundary of the Shadow Mountain Condominiums to the southerly boundary of the city of Aspen. The purpose of including this pazcel is to accommodate the replacement and relocation of the Lift 1 A ski lift, including the lower lift terminal, as well as related structures and improvements. C. Property owned or maintained by the City of Aspen -Public rights-of--way: • South Aspen Street south of Durant Avenue. • All unvacated portions of Dean Street west of Monazch street. • Juan Street between South Aspen Street and Garmisch Street. • Garmisch Street from Juan Street to Durant Avenue. * While not formally an applicant in the process, Mary K. Barbee has agreed that the following property may be included within the Master Plan area for review purposes, to wit: A 20-foot by 31-foot rectangular piece of land owned by Mary K. Bazbee located immediately west of and bordered on three sides by the Aspen Land Fund II, LLC pazcel and known as the "Bazbee Notch". This property lies east of the westernmost extents of the Aspen Land Fund II, LLC parcel, as projected north and south. The Bazbee Notch property is included conditioned upon the following: Inclusion is for the limited purpose of enabling a holistic master plan review; ownership, use, development and surface rights remain with Mazy K. Bazbee; inclusion of the land shall not encumber the land for future use beyond the hearing process, and inclusion of the land shall not mitigate or be used to establish building requirements such as setbacks. 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