HomeMy WebLinkAboutresolution.apz.007-14 RECEPTION#: 611043, 06/12/2014 at
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1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO 7
(Series of 2014)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A PUD AMENDMENT TO THE CHART HOUSE APPROVALS GRANTED
BY ORDINANCE NO.32,SERIES OF 2005 FOR THE PROPERTY DESCRIBED AS LOTS
6-9, BLOCK 3 OF THE EAMES ADDITION, CITY AND TOWNSITE OF ASPEN BEING A
PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE,AS WELL
ASAPPROVING A PUD AMENDMENT TO THE DANCING BEAR LODGE PLANNED
UNIT DEVELOPMENT APPROVALS GRANTED BY ORDINANCE NO. 29(SERIES 2003)
FOR THE PROPERTY DESCRIBED AS LOTS P,Q,R,AND S,BLOCK 77, CITY AND
TOWNSITE OF ASPEN BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 411
S. MONARCH ST.
Parcel No. 2735-131-06-002 (219 E. Durant Ave.)
Parcel No. 2735-182-19-002 (411 S. Monarch St.)
WHEREAS, the Community Development Department received an application from
Sunrise Company, represented by Sunny Vann, requesting a PUD amendment for The Chart
House Lodge at 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005 and a PUD
amendment for The Dancing Bear Lodge at 411 S. Monarch Street pursuant to Ordinance No. 29
(Series 2003) Granted August 11th, 2003; and,
WHEREAS, City Council adopted Ordinance No. 29, Series of 2003 approving the
Dancing Bear Timeshare Lodge PUD, which included Minor PUD, Subdivision, Timeshare,
Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Lodge
Preservation and Affordable Housing for the development of a timeshare lodge consisting of
twenty-seven (27) lodging bedrooms and two (2) affordable housing units (consisting of two 2-
bedroom units); and,
WHEREAS, City Council adopted Ordinance No. 32, Series of 2005, which approved a
subdivision/PUD for the development of eleven (11) timeshare lodge units with twenty-one (2 1)
keys and two (2) affordable housing units and 27 parking spaces until September 8, 2008; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval the removal of two parking spaces and setback variation for construction
of a pedestrian tunnel between both lodges; and,
WHEREAS, a number of referral agencies within or associated with the city have
reviewed the application and recommended denial of the construction of a pedestrian tunnel; and,
WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, referral agencies and
has taken and considered public comment at a public hearing on May 6, 2014; and,
pg. 1
WHEREAS,the Planning and Zoning Commission finds that this Resolution furthers and is
necessary for the promotion of public health, safety, and welfare by a vote of three to two (3-2).
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF ASPEN, COLORADO, THAT:
Section 1: General Recommendation
The Planning and Zoning Commission recommends a PUD amendment to City Council to
construct an underground pedestrian tunnel in the Durant right of way, removal of two parking
spaces, and a reduction in setbacks for the projects as further described below:
Section 2: PUD Amendments
The Chart House PUD is amended to permit 25 parking spaces rather than the 27 originally
approved to accommodate the circulation necessary for the pedestrian tunnel. A zero feet setback is
permitted, solely in the footprint of the tunnel from the property line to the connection of the tunnel
to each lodge.
Section 3: Conditions associated with construction of the pedestrian tunnel.
A. Construction management. Prior to building permit issuance, a Construction
Management Plan will be submitted by the applicant for appropriate approval(s).
B. Emergency Management. Prior to building permit issuance, the applicant will provide an
Emergency Management Plan for appropriate approval(s).
C. Construction documents. The applicant will demonstrate the project meets minimum
required clearances from the utilities in the right-of way on construction documents prior
to issuance of a building permit. The applicant must satisfactorily address groundwater
levels and soil assumptions as a condition of building permit issuance.
D. Transportation. Durant Ave. should not be shut down in preparation for, construction of,
or staging for the project. RFTA access on Durant Ave. must be maintained at all times.
In the event of potholing on Durant Ave. to locate utilities; the applicant will submit a
Traffic Control Plan for appropriate approval(s). The applicant is responsible for any
public notice for any transit service impacts resulting from the project. Public notification
will be approved by the transportation department and posted one week in advance of any
service disruption.
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, 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.
pg. 2
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.
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 6th day of
May, 2014.
Approved as to form: Approved as to content:
Deborah Quinn, Assistant City Attorney Stan Gibbs,Vice Chair
Attest:
Linda Manning, City C erk
pg. 3