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Home My WebLink Aboutresolution.apz.016-12 RECEPTION#: 592664, 09/28/2012 at 03:05:53 PM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION N0. 16, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING SIX (6) LODGE PILLOW ALLOTMENTS FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOT 15 OF CALLAHAN SUBDIVISION, 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 six (6) lodge pillow allotments to add three lodge bedrooms to the Aspen Club Timeshare project; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1, 2010 via Ordinance 2, Series of 2010; and, WHEREAS, the Applicant received Final Commercial Design Review from the Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Lodging and Affordable Housing Growth Management Reviews; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on September 18, 2012, the Planning and Zoning Commission approved Resolution No. 16, Series of 2012, by a five to two (5 —2) vote, approving Lodging and Affordable Housing Growth Management Reviews; 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, 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, Resolution No 16, Series 2012 Page I of 3 WHEREAS, the Planning and Zoning Commission finds that this resolution furthers_and is necessary for the promotion of public health, safety, and welfare. 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 six (6) lodge allotments through its lodge development Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable housing units as mitigation through its affordable housing Growth Management Review. The project is approved to consist of 21 timeshare lodge units, 14 located in "townhome units" and 7 located in the Aspen Club building ("club units"). This approval converts two 2-bedroom "club units" to 3-bedroom units, and allows the applicant to build a seventh "club studio unit." The seventh unit is approved to be utilized as sales space for the timeshare units, as permitted in Ordinance 10, Series of 2012, but may be converted to a timeshare lodge unit in the future. Section 2: All conditions outlined in City Council Ordinance 10, Series of 2011 and Planning & Zoning Commission Resolution 17, Series of 2011 remain valid and in effect. Section 3: The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant, the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38-12-301, Section 4• 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 5: 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. Resolution No 16, Series 2012 Page 2 of 3 Section 6• 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 18th day of September, 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMM ION: 1 ' Deb Quinn,Special Counsel LJ tnier, Chair ATTEST: Y'kie Lothian,Deputy City Clerk Resolution No 16, Series 2012 Page 3 of 3