HomeMy WebLinkAboutordinance.council.011-02 ORDINANCE NO. 11
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE
RED SKI HAUS MINOR PLANNED UNIT DEVELOPMENT, REZONING TO
RfMF, RESIDENTIAL MULTI-FAMILY, WITH PLANNED UNIT
DEVELOPMENT AND LODGE PRESERVATION OVERLAY ZONE DISTRICTS,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-71-005
WHEREAS, the Community Development Department received an application
from Little Red Ski Haus LLC, owner, represented by Carl Darr of Gibson/Darr
Architecture, for a Growth Management Quota System (GMQS) Exemption for lodge
preservation, a Minor Planned Unit Development (PUD), and Rezoning to Residential
Multi-family, R/MF, with Planned unit Development and Lodge Preservation Overlay
Zone Districts for a property consisting of Lot O and the western half of Lot P, Block 69,
City and Townsite of Aspen; and,
WHEREAS, the subject property is approximately 4,500 square feet, and ~is
located in the R/MF Zone District; and,
WHEREAS, pursuant to Sections 26.310 of the Land Use Code, the City Council
may approve Amendments to the Official Zone District Map, during a duly noticed
public hearing after taking and Considering comments from the general public, and
recommendations from the Planning and Zoning Commission, Community Development
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Planned Unit Development, during a duly noticed public hearing after taking and
considering comments from the general public, and recommendations from the Planning
and Zoning Commission, CommUnity Development Director, and relevant referral
agencies; and,
WHEREAS, the Community Development Director recommended approval of
the Minor PUD and Rezoning, finding that the applicable review standards have been
met; and,
WHEREAS, during a dulY noticed public hearing on March 5, 2002, the
Planning and Zoning Commission approved Resolution No. 9, Series of 2002, bY a five
to one (5-1) vote, approving a GMQS Exemption for lodge preservation, and
recommending Clty Council approve the Little Red Ski Haus Minor PUD and Rezoning to
R/MF/PUD/LP; and,
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 Planning and Zoning Commission, the
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Community Development Director, the apphcable referral agencies, and has taken and
considered public comment at a public hearing; and,
WltEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal.
with conditions, ~s consistent with the goals and elements of the Aspc-n Area Community
Plan; 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 m the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Little Red Ski Haus Lodge property, Parcel Number 2735-124-71-005, shall be rezoned
from R/MF to R/MF with Planned Unit Development and Lodge Preservation Overlay
Zone Districts.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Little Red Ski Haus Lodge Minor PUD is approved, subject to the following conditions:
1. A PUD Agreement and Final PUD Plans shall be recorded in the offices of the Pitkin
County Clerk and Recorder within 180 days of the final approval by City Council and
shall include the following:
a. The information required to be included in a PUD Agreement. pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, ptirking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on-site during and
after construction. Ifa ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements. The foundation
drainage system shall be separated from the site storm drainage system. The
drainage system shall meet the City Engineering Department's drainage criteria.
Page: 2 of 7
3. The applicant shall obtain a revocable encroachment license forthe existing fence
that encroaches into the public right-of-way.
4. The building permit application shall include:
a. A copy of the final Ordinance.
b. The conditions of approval printed on the cover page of the building permit set.
5. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood. The
primary contractor shall possess a Historic Preservation Contractor's license.
b. All tap fees, impacts fees, and building permit fees shall be paid.
6. The applicant shall abide by all noise ordinances. Constmcti0n acti¥ity is limited to
the hours between 7 a.m. and 7 p.m on Monday thru Saturday.
7. The applicant shall not track mud onto City streets during construction. A washed
rock or other style mud rack must be installed during construction.
8. The Applicant shall submit to the Environmental Health Department a fugitive dust
control plan which includes, but is not limited to fencing, watering of disturbed areas,
continual cleaning of adjacent paved roads to remove mud that has been carried out,
or other measures necessary to prevent windblown dust from crossing the property
line or causing a nuisance. This shall be required prior to the submittal for building
permits.
9. The Applicant shall agree that there will be no construction material or dumpsters
stored on the public rights-of-way unless a temporary encroachment license is granted
by the City Engineer. In addition, the Applicant shall submit a full set of construction
management plans as part of the building permit application, and the management
plan shall include a noise, dust control, and construction traffic management plan
which addresses, at a minimum, the following issues:
a. Defining the construction debris hauling routes and impact on local streets; and
b. Construction parking mitigation, except for essential trade trucks, no other
personal trucks are to parked in the area around the site. The city encourages that
site workers be shuttled in from the airport parking area.
10. All uses and construction shall comply with the City of Aspen Water System
Standards and with Title 25 and applicable portions of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to
utilities.
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11. A bear-proof dumpster shall be located on-site meeting the standards of the City of
Aspen Wildlife Ordinance.
12. The Applicant shall complete (prior to any of the remodel work, !ncluding removal of
drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if
necessary, a person licensed by the state to do asbestos inspections must conduct an
inspection. The Building Department cannot sign any building permits until they get
this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a
licensed asbestos removal contractor must remove it.
13. The Applicant shall install a fire alarm and sprinkler system throughout the entire
Little Red Ski Haus lodge as required by the City of Aspen Fire Marshal.
14. The applicant shall landscape over the existing gravel area in the public right-of-way
to the southwest of the Little Red Ski Hans to prohibit parking in the front yard.
15. The applicant shall obtain a revocable encroachment license for the existing
identification sign. If the applicant would like to replace the existing sign, then the
new sign shall be placed within the boundaries of the property and shall require a sign
permit.
16. The dining facilities may only be advertised in conjunction with renting lodge rooms
or facilities within the Little Red Ski Haus. The dining facilities shall not be
independently advertised as a commercial restaurant.
17. The applicant shall obtain a Colorado Retail Food E~tablishment License prior to
serving guests food that has been prepared on-site. This will require kitchen plans
and specifications to be submitted to the City of Aspen Environmental Health
Department prior to commencement of food service.
a. The applicant shall install an oil and grease interceptor as required by the Aspen
Consolidated Sanitation District.
18. The applicant shall obtain a liquor license prior to serving alcoholic beverages.
19. The applicant shall adhere to the State of Colorado's Swimming Pool and Mineral
Bath Regulations for the proposed Hot Tub.
20. The applicant shall adhere to all conditions set forth in Resolution No. 4,
Series of 2002 approved by the Aspen Historic Preservation Commission approving a
Final Review request for the Little Red Ski Haus expansion.
21. The applicant shall submit a tree protection plan to the Parks Department for review
prior to the application for building permits. An inspection of all tree protection shall
take place BEFORE any construction activities begin.
22. A construction fence shall be installed at the drip line of the Cottonwood to be saved
to the south of the structure.
a. The City Forester or his/her designee must inspect this fence before any
construction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic shall be allowed within the drip
line.
c. The applicant shall hand excavate the existing walkway being removed to protect
the root system of the protected Cottonwood Tree~
23. The PUD development plans shall establish the dimensional requirements for the
Little Red. Ski Haus as the following:
Minimum Lot Size (~{uaxe feet) 4,500
Minimum Lot Area per Dwelling Unit N/A
Maximum Allowable Density 14 Lodge Units
Minimum Lot Width 45 feet
Minimum Front Yard Setback 10 feet
Minimum West Side Yard Setback .5 feet
Minimum East Side Yard Setback .5 feet
Minimum Rear Yard Setback .25 feet
Maximum Height 25 feet
Minimum Distance b/w Buildings N/A
Minimum Percent of Open Space Not Regulated
Allowable Floor Area (FAR) 1.35:1 (6,035 sq. ft.)
Minimum off Street parking 3 on-site spaces
24. The Applicant shall post a sign in the HOt Tub area limiting the hours of use to 10 AM
to 9:30 PM. The Applicant shall strictly enforce the posted hours of use.
25. The allowable dimensional requirements being established for this property shall be
limited as follows: If the uSe of the property reverts from a lodge to a single-family or
multi-family residence, then the alley addition proposed through this PUD that
consists of approximately 330 square feet shall either be removed or deed restricted to
be applied towards a Category Affordable Housing Unit. Such unit shall meet the
Affordable Housing Guidelines requirements without increasing the FAR of the
structure and have a separate exterior entrance and no interior door to the rest of the
structure. In such case, the AsPen/Pitkin County Housing Authority would determine
the appropriate category for the unit.
26. The HPC Monitor assigned to the project shall approve the deck railing and window
changes to the alley addition prior to obtaining a building permit.
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Section 3:
This ordinance shall not effect 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 construed and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court 0f competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A public hearing on the ordinance shall be held on the 22nd day of April, 2002, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 25th day of March, 2002.
.
Helen Kal~n KittY'md, MaWr
Attest:
' Clerk
9d0Pted, passed and approved by a four to one (44) vote, this 22nd day of
April,
Helen Kalin
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Attest:
Approved as to form:
o~11ffi~. ~orcesfer, City Attorney