The URL can be used to link to this page

Home My WebLink Aboutordinance.council.027-01 ORDINANCE NO. 27, (SERIES OF 2001) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTIANIA LODGE, A PROPERTY LOCATED AT 501 WEST MAIN STREET, LOTS A-I, BLOCK 31, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2735-124-49-001 WHEREAS, the applicant, 501 West Main, LLC/ Austin Lawrence Partners, LLC, represented by Mitch Haas, requests approval for a Minor Planned Unit Development for the Christiania Lodge located at 501 West Main Street, Lots A - I, Block 31, City and Townsite of Aspen; and WHEREAS, the property is currently listed on the City of Aspen's Inventory of Historical Sites and Structures; and WHEREAS, the Community Development Department determined the Minor Planned Unit Development for the Christiania Lodge, a property located at 501 West Main Street, Lots A-I, Block 31, City and Townsite of Aspen met the applicable review standards, and recommended approval with conditions; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on March 28th, 2001, at which time the HPC considered and found the application to meet the review standards, and approved 1) an On-site Relocation of two pan-abodes and the Callahan Cabin; 2) the Demolition of the existing main lodge building on the comer of Fourth and Main Streets, the existing fourplex and duplex located at the back of the site on the alley, and a one-story dark brown structure located on the comer of 5th and Main Streets; and 3) the Construction of a new triplex, duplex, two fourplexes and a main lodge structure for the Christiania Lodge with conditions by a vote of five to zero (5 to 0); and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Planning and Zoning Commission on June 26, 2001, at which time the Commission considered and found the application to meet the review standards, and approved a Conditional Use for the provision of three affordable housing units and Growth Management Quota System (GMQS) Exemptions for Lodge Preservation and affordable housing and recommended approval to City Council for the Minor Planned Unit Development with Conditions by a vote of four to zero (4 to 0); and WltEREAS, the City of 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and VOtEREAS, the City of Aspen 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, at a public hearing, which was legally noticed and held at a regular meeting of the City of Aspen City Council on August 27th, 2001, at which time the City Council considered and found the application to meet the review standards, and approved a Minor Planned Unit Development with conditions by a vote of five to zero (5 to 0); and WItEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, TItEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Tire 26 of the Aspen Municipal Code, the request for a Minor Planned Unit Development for the Christiania Lodge is hereby approved with the following conditions: 1) The Applicant shall provide priority to the occupants of thc three affordable housing units for a total of three designated parking spaces of the 10 spaces to be located off the alley. In the event those occupants of thc deed restricted affordable housing units do not use those spaces, they shall remain available to general use of the Christiania Lodge guests; 2) That, the Applicant shall pay the appropriate Street Impact Fees to the City of Aspen for excessive wear to the streets caused by construction traffic, to be determined by the Engineering Department; 3) That the Applicant shall be required to provide a pedestrian access way from Main Street southward to the alley along 4th Street in front of current head in parking; 4) That the Applicant shall notify the state prior to remodel, expansion or demolition of any buildings, including removal of drywall, carpet, tile, etc., and a licensed asbestos inspector must conduct an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a state licensed asbestos removal contractor must remove it. The Applicant shall report these findings to the Environmental Health Department and Building Department prior to the issuance of demolition and building permits; 5) That the Applicant shall submit a more detailed tree plan that will include tree diameters and species. In addition, the Applicant shall clarify the surface of the "paths" within drip lines and provide an excavation plan to the City Parks Department for their review and approval prior to the application for building permit; 6) The Applicant shall install tree saving construction fences around thc drip line of the trees; Page: 2 of' 5 10/31/2001 09:21R SILVIi:I DRVIS PITN~N COUNTY CO 7) The Applicant shall not plant low shrubs or evergreen trees in the 5th Street right-of- way. The Applicant shall consult with the Parks Department as to a more traditional streetscape plan. In addition, the Applicant shall install a root barrier system in order to keep roots away from the sidewalk to prevent up lifting as required by the Parks and Engineering Department; 8) The Applicant shall comply with the varied dimensional requirements of the Office Zone District as approved by the Minor Planned Unit Development presented below. These dimensional requirements shall also be printed on the final building permit plan set. Minimum Lot Size (square 27,000 feet) Minimum Lot Area per N/A Dwelling Unit 1 lodge / res. bedroom per 770 sq. ft. of Maximum Allowable Density lot area Minimum Lot Width 60 feet feet to MinimUm Percent of Open Not Regulated ,ace Trash Access Area 11' x 8' 9) The Applicant shall convey an undivided fractional interest (one tenth of 0.01%) in the ownership of the deed restricted affordable housing to the AsperffPitkin County Housing Authority for the purposes 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. 10) The Applicant shall indemnify and hold harmless the Aspen/Pitkin 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. Page: 3 of 5 Il)The Applicant shall design and install an internal sewer service system with a manhole connection to the District's main in the alley as required by the Aspen Consolidated Sanitation District; 12) The Applicant shall fully comply with Section 26.445.070 Recording a Final PUD Development Plan of the Land Use Code regarding the following: > Unless otherwise specified in the City Council Ordinance granting final approval of a PUD, all necessary documents, as applicable, shall be recorded within one-hundred-and-eighty (180) days of the adoption date of the final Ordinance. ~ The final development plan, which shall consist, as applicable, of final plats, drawings, and agreements as described below shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. ~ Unless otherwise specified in the final Ordinance, the final PUD development plans for recording shall include the following: o Final Plat. o Illustrative Site Plan. o Architectural Character Plan. o Landscape Plan. > The Applicant shall file a "Notice of PUD Designation" (See Section 26.445.080) with the Clerk and Recorder's office of Pitkin County, Colorado. Section 2: 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 City of Aspen 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 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pend'mg 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 4: 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 PaGe: 4 o¢ 5 10/31/2001 0G:21G $ILVIA DAVIS PITKIN COUNTY CO R 25,00 D ~.00 shall be deemed a separate, distinct and independent prowsion and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Counc/~,~f the City of Aspen on this 23r~ day of July, 2001. :..'~ lf~thry,nq~, .K4~, CRy Clerk Helen K~hn I~lan[It~ adopt~ed, passed and approved this 27* Day of AugusL 2001. Attest: · ';l~On~S..~..-, C~ty Clerk '~roved as to form. Jo nh-K~V~rces~6k, City Atto[ney Page: 5 of' 5 10/31/2001 09:21g