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Home My WebLink Aboutordinance.council.051-13 ORDINANCE N0.51, (SERIES OF 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING PLANNED UNIT DEVELOPMENT, SUBDIVISION AND REZONING APPROVAL FOR THE REDEVELOPMENT OF THE HOTEL ASPEN INCLUDING LODGING, MULTI-FAMILY FREE-MARKET RESIDENTIAL UNITS, AND AFFORDABLE HOUSING TO CITY COUNCIL FOR THE PROPERTY LOCATED AT 110 WEST MAIN STREET, HOTEL ASPEN CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-61-800 WHEREAS, the Community Development Department received an application from Garmisch Lodging LLC represented by Stan Clauson Associates, Inc. requesting approval of a redevelopment of the existing lodge; and, WHEREAS, the Community Development Director determined pursuant to Aspen Land Use Code Section 26.445.030.13.2 that a Consolidated Conceptual and Final Planned Unit Development Review is permitted, WHEREAS, the property is zoned Mixed Use (MU), Medium Density Residential (R-6), Lodge Preservation Overlay (LP) and Main Street Historic District Overlay; and, WHEREAS, the,property is partially located within the Main Street Historic District and is not considered a contributing building to the integrity of the Historic District; and WHEREAS, during a duly noticed public hearing on April 24, 2013 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution No. 14, Series of 2013; and WHEREAS, during a duly noticed public hearing on November 19, 2013 continued from October 15, 2013, the Planning and Zoning Commission denied Resolution No.21, Series of 2013, recommending the Aspen City Council not approve a PUD, Subdivision, and Rezoning; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended continuation of the application; and, WHEREAS, on December 9, 2013 the Aspen City Council approved Ordinance No. 51, Series 2013, on First Reading by a four to zero (4 - 0) vote, approving with conditions a PUD, Subdivision and Rezoning of the Property; and, RECEPTION#: 608903, 03/26/2014 at Ordinance 51, Series 2013 10:03:41 AM, Hotel Aspen 1 OF 18, R $96.00 Doc Code ORDINANCE Pagel of 8 Janice K. Vos Caudill, Pitkin County, CO 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 Historic Preservation Commission, the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards with conditions; 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, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a PUD plan, Subdivision, and Rezoning of the underlying zone district to Mixed Use. The project is subject to all conditions included in Historic Preservation Commission (HPC) Resolution #14, Series of 2013 and requires Growth Management approvals, Final Commercial Design, and Final Major Development approval prior to the issuance of a development order. Council recommends that HPC consider the following during Final design reviews: 1) Front doors for all residences shall face Bleeker Street. 2) A front porch that meets the Residential Design Standards shall be provided on Bleeker Street for all residences. 3) Reduce the amount of glazing. 4) HPC shall review the roof forms during Final design reviews. Section 2: PUD/ Subdivision Plat and Agreement The Applicant shall submit a Subdivision/PUD agreement (hereinafter "Agreement") that meets the requirements of the Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of Final Commercial Design and Final Major Development approvals by the Historic Preservation Commission. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land Use Code. a. In accordance in Section 26.490.040, Approval Documents Content and Form, the following plans are required in the Approved Plan Set: 1. Final Commercial or Historic Design Review/ Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. Ordinance 51, Series 2013 Hotel Aspen Page 2 of 8 b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement shall be entered into with the City. c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the applicant shall provide a site protection guarantee and a site enhancement guarantee for$250,000 each. d. In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are required in an amount equal to 150%of the current estimated cost of the improvement: 1. Landscape Guarantee. 2. Public Facilities and Public Infrastructure Guarantee for the relocation of the main Sewer line. 3. Storm Water and Drainage Improvements Guarantee. Section 3: Rezoning The entire subject property is hereby rezoned to the Mixed Use Zone District as the underlying zone district with the Lodge Preservation Overlay. The Main Street Historic District Overlay applies to the southern half of the property (measured 100 feet back from Main Street toward Bleeker Street). Section 4: Dimensional Requirements The approved dimensional requirements are as follows in Table 1: Table 1: Dimensional Requirements Hotel Aspen PUD Dimensional Requirements Minimum lot size 27,000 Minimum lot area per dwelling unit n/a Maximum allowable density n/a Minimum lot width 110, Minimum front yard(Main Street)- lodge 5' Minimum front yard(Bleeker Street)— 10' multi-family residential Minimum side yard (Garmisch)- lode 5' Minimum side yard (Garmisch)— 0' multifamily residential Minimum side yard (alley)—free market 5' residential Minimum rear yard n/a The property spans between two streets and does not have a rear yard. There are two front yards — one for lodge, and one for multi- family residential. Maximum site coverage 87% Maximum height- lode 28' Maximum height—multi-family residential 25' Minimum above grade distance between 10' between affordable housing/lodge and buildings—lodge and multifamily multi-family residential residential Minimum above grade distance between 10', as otherwise adjusted by HPC during final Ordinance 51, Series 2013 Hotel Aspen Page 3 of 8 buildings—multifamily residential review, T10" between middle and westerly building Minimum percent open space 15% or 4,030 sf- reduction of public amenity approved by HPC via Resolution #14, Series of 2013 Trash access area 10' d x 15'3"w(open to the sky) Cumulative Allowable Floor Area 35,050 sf Maximum free market multi-family 8,400 sf residential floor area Maximum net livable area for free market 3 units @ 4,400 sf net livable per unit multi-family residential dwelling unit size Maximum lodge floor area 24,650 sf Maximum affordable housing floor area 2,000 sf Minimum off-street parking spaces 13 sub grade parking spaces The maximum affordable housing floor area may be increased through growth management reviews with the condition that both the maximum cumulative floor area is not increased and the lodge floor area is not changed. Pursuant to Aspen Land Use Code Section 26.710.090.D.11(a)(5), as shown below, the allowable free market multi-family housing floor area is calculated based on the allowances in the Lodge Zone District which provides more free market residential floor area for smaller average lodge room sizes. The average lodge room size proposed is 300 sf net livable area which provides for a free market residential floor area equivalent to 60% of the total lodge unit and affordable housing net livable area. The applicant proposes approximately 17,847 sf of net livable area for lodge and affordable housing; therefore a maximum of 10,708 sf of floor area is allowed for free market multi-family residential. The average individual lodge unit size is not permitted to be increased above 300 sf of net livable area without reducing the free market residential floor area allowed on the property in accordance with the chart below. Table 26.710.109.1 Allowable Free-Market Residential FAR Table 26.710.190.1 Average net livable area of Free-market residential FAR as a individual lodge units on the percentage of total lodge unit and parcel affordable housing net livable area Greater than 600 square feet 5% 600 square feet 15% 500 square feet 40% 400 square feet 50% 300 square feet or less 60% Ordinance 51, Series 2013 Hotel Aspen Page 4 of 8 When the average lodge unit size falls between the square footage categories, the allowable free-market multi-family or large lodge/timeshare unit floor area shall be determined by interpreting the above schedule proportionately. For example, a lodge project with an average unit size of 450 square feet shall be allowed to develop a free- market residential floor area up to 45% of the total lodge unit net livable area. This percentage of free-market residential FAR may not be otherwise established for a project through a planned unit development review. All non-unit space attributable to free-market residential or large lodge/timeshare units shall count towards the individual FAR allowance for free-market residential or large lodge/timeshare units. Section 6: Engineering 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: The project shall meet the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of City of Aspen Municipal Code Title 21. The sidewalk shall be detached parallel to Garmisch Street. Excavation Stabilization: Due to the proximity of the neighboring property and the excavation of the building, an excavation stabilization plan shall be submitted to the Engineering Department prior to building permit submittal. CMP: The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. The outbound bus land shall not be impacted by the proposed CMP. The adjacent bus stop shall not be impacted by the proposed CMP. On-street parking: All on street parking shall be parallel parking spaces in accordance with the Engineering Standards unless otherwise approved by the Engineering and Parking Departments. A minimum of two signed "loading zone" parking space for hotel guests is permitted with approval from the Parking Department. Section 7: Affordable Housing The project is required to mitigate for affordable housing and shall submit an application for growth management review pursuant to the Aspen Land Use Code after receiving Ordinance 51, Series 2013 Hotel Aspen Page 5 of 8 PUD approval by City Council. The representations made in the PUD application do not constitute approval of affordable housing. Section 8: Environmental Health The trash enclosure area is approved with the condition that one of the following options is met: Option 1): The transformer is either not required or is located somewhere else on the property, not inside the trash enclosure; or Option 2): The transformer remains inside the trash enclosure and the Hotel Aspen agrees to not use a trash compactor (a permanent structure) and instead uses a 2 yard trash bin (moveable), leaving more room for recycle bins. The lodge shall have at a minimum 4 recycle bins. Section 9: Fire Mitigation This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes, but is not limited to, Fire Department Access (International Fire Code 2009 Edition Section 503), and the installation of approved fire sprinkler and fire alarm systems (IFC 2009 Sections 903 and 907 as amended). Section 10: Utilities This project shall meet all applicable standards in the City of Aspen Municipal Code, specifically Title 25. Individual buildings shall have individual taps. The transformer shall be located on the subject property. Section 11: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD shall review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor The applicant shall relocate the existing Aspen Consolidated Sanitation District owned main sanitary sewer line that currently runs through the middle of Block 58 at the applicant's expense and in a manner that is acceptable to the District. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Ordinance 51, Series 2013 Hotel Aspen Page 6 of 8 Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee shall be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). A "Line Extension Request" and a "Collection System Agreement" are required for this application. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Section 12: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Irrigation of the street trees shall be required with a specific planting medium appropriate for tree growth. Tree removal permits shall be required before any tree is removed and prior to the issuance of a building permit for the project. Section 13: Transportation The applicant commits to a courtesy shuttle for lodge guests and to providing a bike rack and bicycles for lodge guests. Section 14: Parkin The project shall reserve 3 parking spaces for the affordable housing units and a maximum of 3 parking spaces for the free market residential units in the subgrade parking garage. Section 15: Outdoor Lighting and Signag All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 16: 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. Ordinance 51, Series 2013 Hotel Aspen Page 7of8 Section 17: 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 18: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of December, Stev--6, Skadron, Ma ATT ST: 4 /v" Kathryn S. City Clerk FINALLY,adopted, passed and approved this 17th day of March, 2014. St ven kadron, Mayor ATTEST: APPROVED AS TO FORM: A. X ..s� Kathryn S. Ko h, City Clerk ,,,-James R. True, City Attorney 1 Exhibit A: approved plans and elevations Ordinance 51, Series 2013 Hotel Aspen Page 8 of 8 NORTH GARMISCH ST aw a sxas=+ne au+.o .trwwav`ta.0 Ew..v .NUy. '' ; ewcE tQEMN'EM49s �wniwos i aa.� a ova auE.,.aH y; !RU 7,r m .^, -ST rW SAEETTa££.. " ATE:. e .*" .v, '.av v t.b.:• '� >i 4:•Y: +� NEiLR f}116flR @9I mod. ' MvWYlFt0.ki" BEQf 1\ � EVFfiPA �1 y> Tksx ✓Ak. .3ydS � wwyn w L E r x a t 3waraKMww •."� � " ne r a a igm ALLEY 5. ; e � �ar IN i E� �r m a Hq HOTEL ASPEN: Revised Residential Design Study poSS SITE PLAN '2- �jlhlCYiK� Awom M 1k lw-f is 2rp' . Np t007-M 1 pe-mW67 fY NrPC... III �� I ITV' I I I I 11 i I I I I i I. F• I I C'. Is a a �-0 r - — Qy — — _—�-- — — -- — -- — — F„ s, a HOTEL ASPEN: Revised Residential Design Study pass NORTH BUILDING ELEVATION 12' ILU ]L�l- CLl1 ..._- - C - 5 7 M^ 4 � HOTEL ASPEN: Revised Residential Design Study pass STREET VIEWS 15, j S 3 S mow.. lld PREVIOUS HOTEL MASSING e. PROPOSED HOTEL MASSING HOTEL ASPEN: Revised Residential Design Study PUSS HOTEL PERSPECTIVE VIEWS 18' MAR '.3?Oln lit t t�,, 1� € f 7 ul" PREVIOUS HOTEL MASSING tit <E f o ' ' _ f i r a1 g PROPOSED HOTEL MASSING HOTEL ASPEN: Revised Residential Design Study (loss HOTEL PERSPECTIVE VIEWS :17;1 — „a }}�.owes c.a nPPFHI " _ 33g PREVIOUS HOTEL MASSING TOP OF PARAPET 128'-0" HOTEL HIGH POINT 129'-9" P0.EVIOUS HOTEL MASSING -_----___-________ __- v aP, e — — o , . 1171- , , 4 PROPOSED HOTEL MASSING HOTEL ASPEN: Revised Residential Design Study pass EAST HOTEL STREET VIEWS 16' k ---- -- ---- -------- REFER PLAN SHEET 5 ac,e i REFER PLAN SHEET 5 _ � i I «, w - —————————————————————J CC — I mp ----------- - - - - - - - - - i J PROPOSED-FLOORPLAN-LLl_ -------- -- -------------------------------- ---� HOTEL ASPEN: Revised Residential Design Study PU$$ REVISED HOTEL SUBMISSION : LOWER LEVEL 19 ,. 0,.3.0. --------------------------------------------------- — ---------- I I REFER PLAN SHEET 5 11RD I`o a I ' I I I i a o ! o o R HEET AN F R P 5 I E E L S II II I I li IY N� � - - _I F"' I III I II E ,o„ I I REFER PLAN SHEET 3 ® - I � I - ----- ---------------—--------------—-—--- PROPOSED FLOOR PLAN-L1 HOTEL ASPEN: Revised Residential Design Study Pass REVISED HOTEL SUBMISSIDN LEVEL 2D o- —ti— --- — ----- -- — — — ----------- . 0 0 0 cn on REFER PLAN SHEET 6 IF I C P e i I .n REFER PLAN SHEET 6 1 iL n I I REFER PLAN SHEET 3 ------------------- � , I a - -—-—-—--- — --—-—-—-—-— -- PROPOSED FLOOR PLAN-L2- HOTEL ASPEN: Revised Residential Design Study puss REVISED HOTEL SUB MISSION LEVEL 21 I LTJ L REFER PLAN SHEET 6 I Iy v D u ' REFER PLAN SHEEP 6 I I 1 III' �'. REFER TO ROOF PLAN SHEET 4 I i I 1- PROPOSED FLOOR PLAN-L3 HOTEL ASPEN: Revised Residential Design Study PUSS m REVISED HOTEL SUBMISSION LEVEL z2 Ad Name: 9773625A LEGAL NOTICE HEARIN Customer: Aspen (LEGALS) City of OrdinnanceN5f1,SereCE 51�sZof�0113 BLIC was adopted oG first reading at the City Council meeting December 9, Your account number: 1013028 2013.This ordinance,if adopted,will approve con- solidated PUD and subdivision reviews and rezon- ing for the Hotel Aspen 110 W.Main street.The public hearing on this ordinance is scheduled for - a 13,2014 at 5:00 p.m.City Hall,130 South PROOF OF PUBLICATION Galena- To alen To see the entire text,go to the city's legal notice website htt�://www.aspenpitki n.coMDepartme nts/Cle rk/Le- ga-Notices/ IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2687 Published in the Aspen Times Weekly on January T21 A:I:w TIM:1 2,2013. [9773625] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in ' part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 1/2/2014 and that the last publication of said notice was in the issue of said newspaper dated 1/2/2014. In witness whereof,I have here unto set my hand this 01/08/2014. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 01/08/2014. Pamela J.Schultz,Notary Public My Commission expires:November 1,2015 qty PV . :O ; PAMELA J. SCHULTZ UPC01 My Canmissim E*m 111012015