HomeMy WebLinkAboutresolution.apz.015-09RECEPTION#: 563998, 10128!2009 at
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1 OF 7, R $36.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RE;;OLUTION N0. 15,
(SERIES OF 2009)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING AFFORDABLE HOUSING GROWTH
MANAGEMENT REVIEW, STREAM MARGIN REVIEW, AND
RECOMMENDING THE CITY COUNCIL APPROVE A FINAL SPECIALLY
PLANNED AREA (SPA), FINAL PLANNED UNIT DEVELOPMENT (PUD),
FINAL TIMESHARE, MULTI-YEAR LODGE DEVELOPMENT GROWTH
MANAGEMENT REVIEW, REZONING, AND SUBDIVISION, FOR THE
DEVELOPMENT OF SUB-GRADE PARKING, TWENTY TIMESHARE UNITS,
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 approval of final Specially Planned Area (SPA), final Planned Unit
Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth
Management Allotments, Multi-Yeaz Growth Management Lodge Allotments, Rezoning,
and Subdivision, to develop a subgrade garage, twenty (20) timeshaze units and twelve
(12) affordable housing units, and to redesign existing commercial spaces; and,
WHEREAS, the Applicant requests approval by the Planning and Zoning
Commission for Stream Mazgin, and Affordable Housing Growth Management
Allotments; and,
WHEREAS, the Applicant requests a recommendation by the Planning and
Zoning Commission to the City Council for final Specially Planned Area (SPA), final
Planned Unit Development (PUD), final Timeshare, Multi-Year Growth Lodge
Management Allotments, Rezoning, and Subdivision; and,
WHEREAS, the property is located in the Callahan Subdivision and is zoned
Rural Residential (RR) with a PUD Overlay; 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), and Timeshaze; and,
WHEREAS, during a duly noticed public hearing on September 29, 2009,
continued to October 6, 2009, and continued to October 20, 2009, the Planning and
Zoning Commission approved Resolution No. 15, Series of 2009, by a four to two (4 - 2)
vote, approving Stream Margin Review and twelve (12) Affordable Housing Growth
Resolution No 15, Series 2009
Page 1 of 7
Management Allotments, and recommending the Aspen City Council approve a Final PUD,
Final SPA, Final Timeshaze, Rezoning, one-hundred and twenty-four (124) Multi-Yeaz
Lodge Growth Management Allotments, and Subdivision; 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 finds 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
Code, the Planning and Zoning Commission hereby approves Stream Margin Review and
twelve (12) Affordable Housing Growth Management Allotments from the 2009 Growth
Management Year, subject to the following conditions.
The Planning and Zoning Commission hereby recommends City Council approval of
Final Specially Planned Area (SPA), Final Planned Unit Development (PUD), Final
Timeshare, Rezoning, one-hundred and twenty-four (124) Multi-Yeaz Lodge Growth
Management Allotments [one-hundred and twelve (112) from the 2009 Growth
Management Year and twelve (12) from the 2010 Growth Management Yeaz], and
Subdivision, subject to the following conditions.
Section 2: Rezonine to include SPA Overlav
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code
Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the
Planning and Zoning Commission hereby recommends that City Council rezone the
Aspen Club Property (Lot 15 of the Callahan Subdivision) to include an SPA Overlay.
The Applicant shall pursue creative ways to ensure the public benefit is maintained and
include it as part of the Council review.
Section 3: En¢ineerine
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standards published by the
Resolution No 15, Series 2009
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Engineering Department. The Applicant shall be subject to the Stormwater System
Development Fee.
The construction management plan submitted as part of building permit 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.
Prior to the final approval by City Council, 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 standards.
Prior to final approval by City Council, the applicant will work with the Engineering
Department to determine a proportionate share of any costs associated with required cul-
de-sac improvements.
Prior to City Council approval, the applicant shall work with the Engineering Department
to determine a proportionate share of any costs associated with the installation of the trail
across the Benedict Property.
Section 4: Affordable Housin
The 12 on-site, two-bedroom affordable housing units shall be deed restricted to Category
2, 3 and 4. The Certificate of Occupancy (CO) for the units shall be issued prior to or at the
same time as the proposed fractional ownership units.
The units shall be owned and managed by the Aspen Club and Spa. More detailed
information regarding the management and maintenance of the units shall be provided to
APCHA with the proposed deed restriction prior to CO.
The owner shall have the right to rent the units to qualified employees of the Club. If the
owner cannot provide a qualified tenant, the units shall be rented through APCHA's normal
advertising process. At no time shall the tenancy of the units during a lease period be tied
to continued employment by the owner. Tenant leases, however, may be terminated for
cause or at the end of the lease period upon termination of employment.
Each tenant in the rental units shall be required to be requalified by APCHA on a yearly
basis.
The owner shall convey an undivided l/10`" of 1% ownership interest in the lot on which
the units aze situated to APCHA. The APCHA ownership interest shall be in perpetuity or
until such time as the units are converted to ownership units.
The deed restriction shall allow the units to become ownership units at such time as the
owner (the Aspen Club and Spa) elects to condominiumize and sell the units, or at such
time as APCHA determines one or more units aze found to be out of compliance for one
year. If any of the units aze found to be out of compliance for one yeaz, or the owner elects
to sell the units, the units shall be listed for sale with APCHA at the categories specified in
the deed restriction. The sales price shall be as stated in the APCHA Guidelines in effect at
Resolution No 15, Series 2009
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the time of recordation of the deed restriction plus appreciation calculated at three percent
(3%) per annum or the Consumer Price Index (simple appreciation not compounded),
whichever is less, as of the listing date of the units. If the units aze being sold due to
noncompliance, all of the units shall be sold through the lottery system. If the owner elects
to sell the units, the owner may choose 1/3`d of the initial buyers provided they qualify
under APCHA's top priority for the unit.
If the owner elects to sell the units, or they are required to be sold due to noncompliance,
owner shall condominiumize the units and form a condominium association for the
management and maintenance thereof. The affordable housing association shall be
separate from the fractional ownership unit's association.
In the event the rental units are required to become ownership units due to noncompliance,
APCHA or the City may elect to purchase them for rental to qualified tenants in accordance
with APCHA Guidelines.
Section 5: Fire Mitieation
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).
The applicant shall provide an overall access plan for the site with the building permit
submittal. The subgrade gazage shall have adequate fire access. This shall be reviewed
and approved by the Fire Marshall.
The proposed lawn pavers shall be engineered to support fire truck loads.
Fire sprinklers and alarms are required and shall be included in the project, including in
all structures.
Section 6: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25,
and with the applicable standazds 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.
Nothing from the 1976 PUD water rights agreement may change as part of this current
project.
The recorded plat shall provide adequate easements for all utility lines. This shall be
reviewed by engineering and the water department prior to recordation.
The project will demonstrate the delivery of fire flows adequate to satisfy Aspen Fire
Protection District standazds for a Type IIIB Commercial Building. This may be satisfied
by an analysis acceptable to the Aspen Water Department which demonstrates system
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delivery capabilities of the existing water distribution system at the Ute Avenue side of
the project of 3,000 gallons per minute.
Section 7: Sanitation District Requirements
Since there is an existing Aspen Consolidated Sanitation District owned and maintained
main sanitazy sewer line currently running through the proposed development, the
proposed relocation of this main ACSD sanitary sewer line must be approved by the
District's consulting engineer and board of directors prior to the district committing to
serve this application. The district will require a written verification from the applicant
that the revised sanitary sewer service for the Silver Lining Ranch is acceptable to the
current owners of the Silver Lining Ranch property.
Since it is apparent at this level of approval that the district's main sanitary sewer lines
will be modified to serve the new proposed development, a line relocation request and
collection system agreement are required. Both aze ACSD Boazd of Director's action
items. New easements will be required for the sanitary relocation according to standard
district form. Additional access and maintenance easements may be required depending
on the final sanitary sewer utility plans.
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office.
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. Wildlife protection/enclosures for the trash and recycle area is
required.
Section 9: Exterior Li htina
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. No lighting shall be
permitted in the stream margin azea (fifreen (15) foot setback azea from top of slope) or in
any azea below the top of slope line (toward the river) unless it is in the exact location of
the existing lighting and requires no additional disturbance to the stream margin area.
Section 10: Transnortation
The applicant shall comply with all aspects of the Transportation Demand Management
(TDM) plan that is recorded as part of the final PUD/SPA/Subdivision documents. The
applicant shall provide an updated draft TDM Plan prior to City Council final review.
The applicant shall update the base traffic counts prior to building permit submittal. The
updated counts shall take place in the ls` two weeks of Mazch and the ls` two weeks of
August.
Resolution No I5, Series 2009
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Section 11: Parks
Building permit plans shall include a detailed plan submitted for stream margin
protection and stability of the hillside above the trail. The detailed plan shall identify;
Location of silt fencing and erosion control along the hillside. The City can provide
specifications if needed: minimum requirements include a silt fence and straw bales
placed in a manner preventing erosion and protect the river from residual run-off. All of
these detailed at the 15' set back From top of slope.
Building permit plans shall include a detailed plan submitted for Construction staging.
This plan shall detail how the construction will take place with staging, storage of
materials and locations of vehicles so that trees remaining on site will not be impacted
and remain protected.
Building permit plans shall include a detailed plan submitted for Tree Protection. Tree
protection fences must be in place and inspected by the city forester or his/her designee
before any construction activities are to commence. No excavation, storage of materials,
storage of construction backfill, storage of equipment, foot or vehicle traffic allowed
within the drip line of any tree on site. There should be a location and standard for this
fencing denoted on the plan.
An approved tree permit is required before submission of the building permit set. Proper
spacing and a detailed legend for new plantings and plantings around existing trees shall
be reviewed by the Parks Department at building permit submittal. This legend shall
include species name.
Building Permit Plans shall detail the material and width of the footpath proposed within
the stream margin area. This footpath shall be installed with hand excavation tools only
and set around all trees to remain on site. The utilities located under the trail should be
developed and installed with junction boxes so future repairs can be accomplished
without the need to excavate the new trail. This trail shall not be used for or provide
access for any construction activities. This includes but is not limited to truck traffic,
foot traffic, storage or materials.
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.
Section 12: Parkins
No parking is approved for Ute Ave or in the cul-de-sac.
Section 13:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public heazing 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.
Resolution No 15, Series 2009
Page 6 of 7
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 20th
day of October, 2009.
APPROVED AS TO FORM:
City Attorney
ATTEST:
/it/
ckie Lothian, Deputy City Clerk
Resolution No 15, Series 2009
Page 7 of 7
PLANNING AND ZONING