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HomeMy WebLinkAboutFile Documents.845 Meadows Rd.0014.2017 (16).ACBKRECEPTION#: 632651, 09/30/2016 at 02:33:51 PM, 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 1 r 1 _ 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 ri m \Spell Nlcadims Reception hl%ilioll I pp" I , ,1 1.1; A 31 it wk i k t i ,r t t 41 Reception Pavilion Lun er I,atcl Plan ' • E s F 3r ;r tea' F A it wk i t i ,r .aspen NIeadmis Reception Pavilion Lun er I,atcl Plan ' is �� ...... m.. A Aspen Meadows Reception Pavilion r--n-----------1------t �.m.-----. I II I I I II r—_----_—_- __—___- I II 1 I I I I II _________________J—uqy* mxc®nia ASPFlI MUDOWS PAVUM PROPOSED WEST +SOUTH - EXTERIOR ELEVATIONS 1[rren' LLe[UL � s�e�.mne�sur[tm oxox[ mmrolr ASPEN MEADOWS PAVKM PROPOSED NORTH EXTERIOR ELEVATIONS