HomeMy WebLinkAboutFile Documents.845 Meadows Rd.0014.2017 (16).ACBKRECEPTION#: 632651, 09/30/2016 at
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1 OF 13, R $71.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE #17 -�
(SERIES OF 2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING PLANNED DEVELOPMENT - PROJECT REVIEW AND GROWTH
MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR A SITE
SPECIFIC DEVELOPMENT PLAN AT 845 MEADOWS ROAD, ASPEN MEADOWS
RECEPTION CENTER, LOT 1-A, ASPEN MEADOWS SUBDIVISION, CITY OF
ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 2735-121-29-008
WHEREAS, the Community Development Department received an application for an
expansion to the Aspen Meadows Reception Center from The Aspen Institute, represented by
Curtis and Associates and Jeffrey Berkus Architects, which requires the following land use
review approvals:
• Planned Development — Project Review, pursuant to Land Use Code Section 26.445.
• Major Development - Conceptual for properties listed on the Inventory of Historic
Landmark Sites and Structures, pursuant to Land Use Code Section 26.415.
• Growth Management Review — Essential Public Facility, pursuant to Land Use Code
Section 26.470; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application — December 21, 2015, as applicable to this Project; and,
WHEREAS, the Community Development Department received referral comments from
City Engineering, Building Department, Environmental Health Department, Parks Department,
Aspen/Pitkin County Housing Authority, Public Works Department, Transportation, Parking,
and Zoning as a result of a Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the proposed Application and recommended conditions; and,
WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code, the Community
Development Director has elected to allow combined reviews in this case where more than one
(1) development approval is being sought simultaneously; and,
WHEREAS, all required public noticing .was provided as evidenced by an affidavit of
public noticing submitted to the record, a summary of public outreach was provided by the
applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was
provided a thorough and full review of the proposed development; and,
WHEREAS, the Historic Preservation Commission reviewed the Application at duly
noticed public hearings on March 23, 2016 and May 11, 2016, during which the
recommendations of the Community Development Director and comments from the public were
heard by the Historic Preservation Commission, and HPC recommended 5-0 that City Council
approve the application with conditions; and
Ordinance #17, Series 2016
Page 1 of 7
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 Community Development Director, the HPC, the
applicable referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, first reading of the ordinance was conducted on July 11, 2016; and,
WHEREAS, during a duly noticed public hearing on July 25, 2016, the City Council
passed Ordinance #17, Series of 2016, by a five to zero (5-0) vote, approving the land use requests;
and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards; 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 THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby grants approval for Planned Development — Project Review and Growth
Management Essential Public Facility Review for the development of the site subject to the
conditions of approval as listed herein.
The approved project is an expansion of the existing building.
Section 2: Subsequent Reviews
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Applicant is required to obtain Planned Development — Detailed Review and Final Major
Development Review following approval of the reviews outlined herein. The applicant shall
combine these applications, and they shall be made no later than one (1) year following City
Council approval of the reviews outlined herein. Failure to file such an application within this
time period shall render the Planned Development — Project Review, Conceptual Major
Development approval and Growth Management approval null and void. This deadline may be
extended pursuant to Section 26.445.090.0 of the Land Use Code.
Section 3: Planned Development — Detailed Review
In addition to the general documents required as part of a Planned Development — Detail Review,
the following items shall be required as part of the Application's Planned Development — Detail
Review:
a. An Outdoor Lighting Plan, pursuant to section 26.575.150.
b. An existing and proposed Landscaping Plan, identifying trees with diameters and values.
c. A draft Construction Management Plan.
d. Final TIA Plan.
Ordinance #17, Series 2016
Page 2 of 7
Section 4: Dimensional Requirements
There is 1,786 square feet of expansion potential remaining available to The Aspen Institute out
of the original 83,140 square feet of development rights permitted by the 1991 Aspen Meadows
SPA. The Institute will apply this balance to an expansion of the Aspen Meadows Reception
Center, along with additional area in an amount between 781 to 1,250 square feet, hereby
approved. To the extent that the project totals more than 2,567 square feet (1,786 + 781), this
shall only be allowed for subgrade space. The expansion which is allowed above grade is
represented in the attached plans and shall not be changed. The final floor area square footages
shall be determined at the time of Building Permit. The final floor area ,square footages,
consistent with Section 4 herein, shall be depicted on the approved Building Permit plans. Decks
and loggia shall be omitted from the calculations of floor area for this project.
The Institute was required to create a 97 space parking garage as part of the Aspen Meadows
SPA. The proposed project, which involves 781 to 1,250 square feet of floor area beyond what
was already mitigated in the original Aspen Meadows SPA approval is deemed to generate the
need for 0.78 to 1.25 new spaces, which shall be rounded up so that a total of 98 to 99 parking
spaces are now required to be provided entirely - within the parking garage in perpetuity. The
mitigation shall be calculated based on the square footage represented in the Building Permit.
Section 5: Architectural Design
At Planned Development- Detailed Review and Final Major Development Review, the applicant
shall seek Historic Preservation Commission approval for the design of the pedestrian bridge, as
noted in HPC Resolution #14, Series of 2016.
Section 6: Growth Management, Essential Public Facility
Growth Management approval for expansion of this Essential Public Facility is approved subject to
the following conditions:
1. Three years after Certificate of Occupancy, an employee audit shall be conducted showing
the current FTE food service employee count at that time. The auditor and audit will be
reviewed and approved by APCHA. Any costs associated with the audit will be at the
expense of the applicant.
If additional FTE food service employees are shown at that time, related only to the floor
area square footage of the expansion that exceeds the floor area permitted in the Aspen
Meadows SPA as described in Section 4 above, then mitigation may be required. If
additional FTE food service employees are generated and mitigation is required, the
mitigation shall be calculated at 60% of the additional FTE food service employees and then
the pro rata share based on the square footage floor area of the expansion that exceeds the
floor area permitted in the SPA divided by the total square footage of the floor area of the
expansion as described in Section 4 above. Said square footage floor areas shall be
determined at the time of Building Permit submittal and depicted on the approved Building
Permit plans as required in Section 4 above.
Only those employees that are a result of the improvements shall be subject to future
mitigation. The Housing Authority shall request the audit from the Aspen Institute.
Failure to request the audit shall not render any of the approvals invalid. The Institute
Ordinance #17, Series 2016
Page 3 of 7
shall provide the Housing Authority and the Community Development Department with
the audit report. The Housing Authority and Community Development shall forward the
audit to the Housing Board, P&Z and/or City Council for review, as applicable.
2. Prior to building permit issuance, backup documentation shall be provided to APCHA
relating to the current 16.58 FTE level for the food service.
Section 7: Engineering Department
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 Engineering
Department.
Drainage:
1. Detention is required for all new/altered impervious area. The affected areas of the site
will be brought into compliance with the URMP, revised 2014 standards.
2. The historic rate for all sub -basins needs to be calculated pre -development, not existing
conditions. The discharge needs to be less or equal to the historic rate and in a historical
manner. If the basin drainage pattern is adjusted, detention and/or drainage features may
be required to achieve historical rate and manner. The applicant can use, but is not
required to use, the proposed green roof on the new pavilion for detention.
3. Slope stability study needs to be performed for the site because of slopes greater than
30%. The applicant is to work with Colorado Geological Services (CGS) in order to
obtain study from CGS.
4. All existing drywells must be cleaned as part of this project.
5. The effectiveness of the proposed rain garden will need to be confirmed.
6. Cantilever/top of slope position and details will need to be vetted and discussed further in
order to ensure safety and preservation of the slope.
7. More information, details, and calculations will need to be provided for the discharge
control to ensure the discharge rate does not exceed historic rates. This can be provided at
building permit.
TIA:
1. To satisfy the Transportation Impact Analysis the applicant is required to pay for and
install 2 speed humps on Meadows Road to calm traffic entering and exiting the Aspen
Meadows as shown in the land use application. The exact field locations and
construction specifications of the speed humps shall be determined by the Engineering
Department and the applicant prior to issuance of a Certificate of Occupancy for the
proposed expansion.
The applicant shall pay for and make improvements to the Meadows Trail; the public trail
directly south of the Reception Center. The improvements shall be along the initial start
of the trail, approximately 200 ft. +/- as shown in the land use application. The
improvements include reducing the grade of the trail to approximately 5%, or a reduced
grade approved by the Parks Department, making drainage improvements, and re -
Ordinance #17, Series 2016
Page 4 of 7
surfacing the trail; all improvements to make the trail more user friendly. In coordination
with the applicant's improvements, the Parks Department has plans to make similar
improvements, as applicable, to the balance of the trail. Final design of all trail
improvements shall be coordinated between the applicant and the Parks Department and
the Parks Department shall have final approval over all improvements. The applicant
shall additionally construct a connecting link from the southwest corner of the
reconfigured Reception Center terrace to the trail to facilitate access to and from the trail
to the terrace. The Parks Department shall approve the design of the connecting link.
The applicant shall make its improvements prior to the issuance of a Certificate of
Occupancy for the proposed expansion.
Section 8: Parks Department
Tree removal permits are required prior to issuance of a building permit. Mitigation for
removals must comply with the tree removal and mitigation standards set forth in the Aspen
Meadows SPA and Chapter 13.20 of the City Municipal Code as applicable. In addition the
Parks Department requires:
1. Review and approval of construction plans for the preservation of the elm tree that will
be surrounded by the patio. for the new pavilion.
2. Review and approval of construction access the project.
3. Review and approval of a proposed retaining wall on the eastern edge of the project.
4. Review and approval of a tree protection plan for the group of aspen trees to be preserved
on the patio. A temporary mulch bed will be required to mitigate against soil compaction
around this group of trees.
5. A construction fence will be required along the hillside to keep any and all construction
material from this area. A silt fence may also be required.
6. Fence protection must be installed at the driplines of all trees for this project. There is no
activity allowed within this fenced area, nor storage of material, or equipment. An
inspection of this fence will be required by the City Forester prior to any activity.
7. The applicant shall work with the Parks Department to undertake any limbing up of
deemed appropriate in an effort to improve the visibility of the historic structure.
Section 9: Overflow Parking for Large Events
Increased management of overflow parking along Meadows Road is required. The Aspen
Meadows will be the lead party in managing the overflow parking. It will manage the parking
using multi -techniques; signage, valet parking, flaggers, golf cart support, pre -events parking
notices, off-site parking alternatives, etc. Parallel parking will be allowed on the east side of
Meadows Road as shown in the land use application. Both parallel and angled parking will be
allowed on the west side of the road as shown in the land use application. To protect the large
cottonwood trees along the west side of the road, a roped barrier will be installed 15 feet off the
western asphalt edge of road. Initially, the roped barrier will be installed using 4"x4" posts and
if this proves successful, the Aspen Meadows may elect to install a more permanent split rail
fence. Installation of the roped barrier and split rail fence will be approved by the City Forester
and Parking Department. The above plan will be implemented before the summer of 2017 and
will be evaluated after the summer of 2017. For the summer of 2016, the Aspen Meadows will
experiment with intermediate measures to discourage cars from parking against the large
Ordinance #17, Series 2016
Page 5 of 7
cottonwoods on the west side of the road. These measures might be coneing off the trees,
construction fencing around the trees or other suggestions by the Parks Department.
Section 10: Environmental Health Department
The Applicants have received Environmental Health Department Special Review approval for
their Trash and Recyling facilities in accordance with Municipal Code Chapter 12.10 subject to
the following conditions:
1. The applicant has installed fencing and electric wire to ensure wildlife (specifically bears)
cannot access the trash and recycling. The Colorado Division of Parks and Wildlife was
consulted in the design of this fencing and it meets with their recommendations.
2. The applicant has agreed to implement a compost collection program within the fenced
area in May 2016.
3. Environmental Health and Sustainability staff have agreed to work with the staff to
implement the separation of compostable materials.
Section 11: Water/Utilities Department
The Applicants shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the
Aspen Municipal Code, as required by the City of Aspen Water Department. All Water System
Distribution standards in place at the time of building permit shall apply, and all tap fees will be
assess per applicable codes and standards. Utility placement and design shall meet adopted City of
Aspen standards.
Section 12: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code.
Section 13: Building Department
All applicable building and accessibility codes in place at the time of building permit shall be
met.
Section 14:
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 Community Development Department, the Historic Preservation Commission, or the 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 other specific conditions or an
authorized authority.
Section 15:
This Ordinance 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 16:
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 shall be
Ordinance #17, Series 2016
Page 6 of 7
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 17: Public Hearing
A public hearing on this ordinance shall be held on the 25h day of July, 2016, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 11 h day of July, 2016.
Attest:
61 04� r11
Linda Manning, Citylerk
Steven Skad n, Mayor
FINALLY, adopted, passed and approved this ZSR day of _�U, ` , 2016.
Attest: '• �i
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Linda Manning, City Ckerk Steven kadron, Mayor
Approved as to form:
el'a'mes R. True, City Attorney
Attachments:
Exhibit A: Approved plans and elevations
Ordinance #17, Series 2016
Page 7 of 7
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