HomeMy WebLinkAboutordinance.council.023-01 ORDINANCE NO. 23, (SERIES OF 2001)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
REZONING TO L/TR WITH LP AND PUD OVERLAYS, MINOR PLANNED
UNIT DEVELOPMENT, AND SUBDIVISION FOR THE MOUNTAIN CHALET
LODGE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-182-45-002
WHEREAS, the Community Development Departmem received an application
from the Mountain Chalet Enterprises (Applicant), represented by Mitch Haas, requesting
land use approvals for the provision of 16 Lodge Preservation allotments, an exemption
for the Wheeler Opera House & Wagner Park View Planes, mzoning, minor plmmed unit
development, subdivision, and GMQS exemptions for affordable housing and Lodge
Preservation for the Mountain Chalet lodge; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Housing, Environmental Health, and Water Departments as a result of the
Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval for the proposed land use requests for the Mountain Chalet lodge
for the mzouing to L/TR LP PUD, minor planned unit development, and subdivision; and
WHEREAS, the Colorado Supreme Court in the case entitled Town of Telluride
v. Lot Thirty-Four Venture L.L.C. (case No. 98-5C-547, decided June 5, 20001 held that
Section 38-12-301, C.R.S., prohibits the enactment of an ordinance that imposes rent
controls; and,
WHEREAS, Section 38-12-301, C.R.S., states that the rent control statute is not
intended to impair the right of a municipality to manage and control any property in
which it has an interest through a housing authority; and,
WHEREAS, the applicant desires to grant to the AsperJPitkin County Housing
Authority an interest in the affordable housing units subject to the terms and conditions
contained herein; and,
WHEREAS, the Aspen/Pitkin County Housing Authority has consented to
accepting an interest in the affordable housing units on conditions that it be indemnified
and held harmless from any claims, liability, fees or similar charges related to ownership
of an interest in the property; and,
6
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
unanimous recommendation of approval to City Council to approve the proposed five
employee housing units for the employees of the Mountain Chalet lodge; and
WHEREAS, the Planning and Zoning Commission approved, by a vote of five to
zero (5 - 0) via Resolution No. 25, Series of 2001, the provision of 16 Lodge
Preservation allotments, an exemption for the Wheeler Opera House View Plane, and a
GMQS Exemption for Lodge Preservation allotments; and,
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval via Resolution No. 25, Series of 2001, by a vote of five to zero (5 - 0), to
City Council to approve a rezoning, minor planned unit development, and subdivision;
and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein as a
part of the consent calendar at a regular City Council meeting on July 9, 2001, and
approved this Ordinance (on First Reading) for rezoning, minor planned unit development,
and subdivision; 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
Housing Authority, the applicable referral agencies, and has taken and considered public
comment at a regular public hearing on September 10, 2001, and approved this Ordinance
for rezoning, minor planned unit development, and subdivision, with conditions, by a vote
of __ to __ (_ - _); and
WHEREAS, the City Council finds that this request for rezoning, minor planned
unit development, and subdivision meets or exceeds all applicable development standards
and that the approval of the application, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TI-IE ASPEN CITY COUNCIL AS
FOLLOWS:
SECTION 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Mountain Chalet, parcel identification of 2737-182-45-002 is approved for the rezoning
to L/TR LP PUD, minor planned unit development, and subdivision. The Community
Development Department is hereby directed to amend the zoning map accordingly.
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SlLVI;~ D~VIS PITKIN COUNTY CO R 35.00 D 0,00
SECTION 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Mountain Chalet Minor rezoning to L/TR LP PUD, minor planned unit development,
subdivision, subject to the following conditions:
I. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements, and location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
3. Within 180 days after final approval by City Council and prior to applying for a
building permit, the applicant shall record a PUD Agreement and the Final PUD
Plans with the Pitkin County Clerk and Recorder binding this property to this
development approval.
4. The following dimensional requirements of the PUD are approved and shall be
printed on the Final Illustrative Plan. (units measured in feet or square feet):
6.000
No requirement
feet of lot area.
60 feet
1 foot
0 feet
l0 feet
No Requiremem
51 feet
10 feet
4.8%
7.5' x 6' (45 square feet in S. Mill Street R.O.W.)
2.5:1 including basement additions
No requirement (no accessory commercial space
proposed).
0.49 spaces per bedroom (37 spaces and 76
bedrooms, including the five employee housing
bedrooms).
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SILVIA DAVIS PITKIN COUNTY CO R 35,00 D 0.00
5. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions 0f approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of
removed trees.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on-site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
6. The building permit plans shall demonstrate an adequate fire sprinkler system and
alarm system for the new buildings, in the event required by the Aspen Fire Marshal.
7. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director staling that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
8. The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in
the ownership of the deed restricted affordable housing to the AspergPitldn County
Housing Authority for the proposes of complying with the recent Colorado Supreme
Court Decision regarding rent control legislation. The Applicant may submit an
alternative option to satisfy the rent control issue acceptable to the City Attorney.
9. The Applicant shall indemnify and hold harmless the AsperffPitkin County Housing
Authority and City of Aspen from any claims, liability, fees or similar charges related
to ownership in the deed restricted affordable housing units.
10. Prior to phase 2 and prior to the building permit being issued, the Applicant shall
record a deed restriction for the affordable housing units, and grant the undivided
fractional interest in the ownership of the affordable housing units to the Aspen/Pitkin
County Housing Authority.
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SILVI~ DRVIS PlTKIN COUNTY CO R 35.00 O 0.~0
11. The Applicant shall adequately mitigate for employee generation by providing deed
restricted employee housing for at least 3.84 FTEs as per the recommendation from
the Aspen / Pitkin County Housing Authority.
12. The Applicant shall submit to the Housing Office prior to the application of building
permits reconfigured employee unit square footages which meet the minimum square
footage requirements as stated in the Guidelines and agreed to by the Applicant.
13. The five employee units shall be deed restricted at the Category 2 rental rate, but that
since the units are included in the lodge itself, income and asset restrictions shall be
waived. Further, the Applicant shall meet with the Housing Office Staff prior to the
completion of Phase 1 to establish mutually acceptable lease terms for employees
whose units are attached to the business.
14. That the Applicant complete and record the deed restriction for the units prior to
application for building permits, along with a temporary deed restriction for the unit
being used prior to completion of Phase 2, which is located in the Kitzbuhel Lodge.
Housing Office Staff shall approve the Kitzbuhel unit prior to the acceptance of this
unit for deed-restricted purposes; this unit shall be restricted at a Category 2 rate with
no limitations on income or assets. The deed restriction on this specific unit will be
released upon approval of the Certificate of Occupancy for the five employee units
provided for in the Mountain Chalet.
15. The Applicant shall implement the following traffic mitigation measures to mitigate
for PM-10 emissions and trips generated: 1) provide free bus passes to employees, 2)
limit parking, 3) provide covered and secure bike storage, and 4) provide a free bike
fleet consisting of five bikes for employees and guests of the lodge. In addition, and
as required by the Planning and Zoning Commission, the Applicant shall mitigate for
the lack of parking and provide a courtesy van or airport taxi "vouchers" for guests of
the Mountain Chalet lodge to begin following the completion of Phase 3 of this
development.
16. The Applicant shall complete (prior to any of the remodel work, including removal of
drywall, carper, tile, etc.,) the Building Department's asbestos checklist, and if
necessary, a person licensed by the state to do asbestos inspections must conduct an
inspection. The Building Department cannot sign any building permits until they get
this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
17. The Applicant shall pay the City of Aspen $1,683.00 in school land dedication fees.
These fees shall be due and payable at the time of issuance of a building permit for
the development.
$ILVIA DRVI$ PITKIN COUNTY CO R 35.B0 D 0.~
18. The Applicant shall pay the City of Aspen $44,520.00 in park development impact
fees. These fees shall be due and payable at the time of issuance of a building permit
for the development; and
19. The Applicant shall provide priority to the occupants of the five affordable housing
units for a total of five designated parking spaces of the 37 spaces to be located in the
sub-grade garage. In the event those occupants of the deed restricted affordable
housing units do not use those spaces, they shall remain available to general use of
the Mountain Chalet Lodge guests;
Section 3:
All material representations and commitments made by the applicant pursuant to this
application, whether ~n public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission, or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by vilme of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shalJ0~?deemed a separate, distinct and independent proxasion and shall not affect the
~,.,;validit~ 6f the remaining portions thereof.
13~ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
'~] Co.~uncil of the City of Aspen on this 9~ day of Jttly, 2001
.hues/r: .-~ ~ ·
· Kathryn Sil/l~t!~,o~h¢ I~ity Clerk
tpproved tlfis 10~ Day of September, 2001.
~ '~. Clerk
Approved as to form:
John~V~c~es~o~ Ci~ Attorney