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HomeMy WebLinkAboutresolution.apz.015-14 RECEPTION#: 615545, 1112012014 at 01:37:44 PM, 1 of 11, R $61.00 Doc Code RESOLUTION NO. 15 RESOLUTION (SERIES OF 2014) Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL GRANT CONCEPTUAL COMMERCIAL DESIGN REVIEW APPROVAL, CONDITIONAL USE APPROVAL, SPECIAL REVIEW APPROVAL, PLANNED DEVELOPMENT—PROJECT REVIEW APPROVAL, SUBDIVISION APPROVAL, TIMESHARE APPROVAL, AND GROWTH MANAGEMENT APPROVALS, FOR A SITE SPECIFIC DEVELOPMENT PLAN FOR THE SKY HOTEL SUBDIVISION/PLANNED UNIT DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 709 E DURANT AVENUE,CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-80-001 . WHEREAS, the Community Development Department received an application for the Sky Hotel Subdivision/PD(the Application) from Aspen Club Lodge Properties, LLC (Applicant), represented by Sunny Vann of Vann Associates for the following land use review approvals: • Planned Development— Project Review, pursuant to Land Use Code Chapter 26.445. • Timeshare Review, pursuant to Land Use Code Chapter 26.590. • Subdivision Review, pursuant to Land Use Code Chapter 26.480. • Growth Management Review — Replacement of Existing Commercial and Lodge Development, pursuant to Land Use Code Chapter 26.470. Growth Management Review—Lodge Development, pursuant to Land Use Code Chapter 26.470. • Growth Management Review — New Free Market Residential Units, pursuant to Land Use Code Chapter 26.470. • Growth Management Review—Affordable Housing, pursuant to Land Use Code Chapter 26.470. • Special Review to establish Parking, pursuant to Land Use Code Chapter 26.430. • Conditional Use for commercial space, pursuant to Land Use Code Chapter 26.425. • Commercial Design Review, pursuant to Land Use Code Section 26.412; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—June 23, 2014, as applicable to this Project; and, WHEREAS, the Application for the Sky Hotel Subdivision/PD proposes: • 102 hotel units with 102 keys and 103 bedrooms in 44,634 square feet of net livable area. 3,380 square feet of accessory commercial net leasable space. 8 free-market residential units (plus 4 lock-offs) in 14,622 square feet of net livable area. Planning and Zoning Commission Reso No. 15, Series 2014 Page I of I I 5 affordable housing units in 4,301 square feet of net livable area. 83 parking spaces (70 of which are in an underground facility, and 13 of which are at-grade spaces dedicated to the Aspen Alps.); and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Environmental Health Department, Parks Department, Parking Department, Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a recommendation for approval by the board was provided at their July 16, 2014, regular meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended approval with conditions; and, WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development - Project Review approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.590 of the Land Use Code, Final Timeshare approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures, and Section 26.304.060.B.4, Modification of Review Procedures, all other necessary land use reviews, as identified herein, have been combined to be considered by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, such combination of review procedures was done to ensure clarity of review, was accomplished with all required public noticing provided as evidenced by an affidavit of public noticing submitted to the record, and the public was provided a thorough and full review of the proposed development; and, WHEREAS, the Planning and Zoning Commission reviewed the Application at a duly noticed public hearing on September 16, 2014, and continued to October 7, 2014 and October 21, 2014, during which the recommendations of the Community Development Director and comments from the public were requested and heard by the Planning and Zoning Commission ; and, WHEREAS, in response to feedback from the Planning and Zoning Commission on October 7, 2014, the Applicant revised the proposal to include: Planning and Zoning Commission Reso No. 15, Series 2014 Page 2 of I 1 • 106 hotel units with 106 keys and 107 bedrooms in 48,095 square feet of net livable area. 3,380 square feet of accessory commercial net leasable space. 6 free-market residential units (plus 2 lock-offs) in 10,322 square feet of net livable area. 5 affordable housing units in 4,301 square feet of net livable area., 83 parking spaces (70 of which are in an underground facility, and 13 of which are at-grade spaces dedicated to the Aspen Alps.); and, WHEREAS, during a duly noticed public hearing on October 21, 2014, the Planning and Zoning Commission approved Resolution 15, Series of 2014, by a four to one (4-1) vote recommending City Council approve the Sky Hotel Subdivision/PD Application and all necessary land use reviews, as identified herein, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVEDBY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council grant the Sky Hotel Subdivision/Planned Development — Project Review approval, Subdivision approval, Final Timeshare approval, Growth Management approvals, Special Review approval, Conditional Use approval, and Conceptual Commercial Design approval, for a Site Specific Development Plan for the Sky Hotel Subdivision/PD, subject to the recommended conditions of approval as listed herein in Sections 2-22. The approved dimensions are attached as Exhibit A. 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 Final Commercial Design Review and Planned Development — Detail 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. Section 3: Timeshare Lodge Requirements A public rental requirement assuring that unused timeshare lodge rooms will be available to the general public. Such rental requirement shall be documented in the Sky Hotel Timeshare Documents and shall contain a provision that this requirement cannot be eliminated from the Condominium Declarations without approval from the City of Aspen City Council. Section 4: Growth Management Allotments 4.1 Reconstruction Credits. Based on the existing Sky Hotel development, the Applicant is entitled to the following reconstruction credits, pursuant to Land Use Chapter 26.470 a. A total of 90 lodging bedrooms, equating to 180 lodge pillows, is credited toward the Project's lodge GMQS allotment request. Planning and Zoning Commission Reso No. 15, Series 2014 Page 3 of I I b. A commercial reconstruction credit of 5,259 square feet of net leasable area is credited toward the Project's 3.380 sqft of commercial net leasable area. 4.2 Growth Management Allotments. The following growth management allotments are recommended to be granted to the Sky Hotel Project: a. 17 lodging bedrooms = 34 lodging pillows. Added to the reconstruction credits, the project represents 107 lodging bedrooms or214 pillows. b. 6 free market residential allotments. c. 5 units of affordable housing. Section 5: Affordable Housing 5.1 Mitigation Requirements. The project is proposed to include five (5) affordable housing units, including four (4) one-bedroom units and one (1) two-bedroom unit. The mitigation required for the project is as follows: Lodge: Mitigate for the additional 17 lodge bedrooms @ 30.8% 17 lodge bedrooms * 0.6 FTEs = 10.2 FTEs generated 10.2 FTEs @ 30.8% mitigation=3.14 FTEs required mitigation for lodge Free-Market Residential: Provide 25.4% of free-market residential square feet as affordable housing 10,322 sqft * 25.4% = 2,622 square feet net livable area required as affordable housing The proposed two-bedroom and two (2) of the proposed one-bedroom affordable housing units include 2,666 sqft of net livable area, meeting the mitigation required for the free- market component. The remaining two (2) one-bedroom units will house 3.5 FTEs, meeting the mitigation requirement for the lodging component. 5.2Affordable Housing Conditions. The five (5) affordable,housing units shall be deed restricted at Category 3, and shall meet the following conditions: a. The five affordable housing units shall meet or exceed the minimum square footage for Category 3. b. The deed restriction shall be recorded for the five affordable housing units prior to Certificate of Occupancy (CO) of the affordable housing units. The CO for the affordable housing units shall be issued at the same time or prior to the CO for the lodge, free-market residential units, and commercial space. c. All tenants shall be approved by APCHA prior to occupancy. d. Employees of the hotel shall be exempt from maximum assets and maximum income for the on-site units; however, the tenants shall not own any other property within the ownership exclusion zone and must work full time as defined in the APCHA Guidelines. Planning and Zoning Commission Reso No. 15, Series 2014 Page 4 of 11 e. Minimum occupancy shall be obtained for each unit, as defined in the APCHA Guidelines. f The units shall not be vacant for longer than 45 days, unless APCHA notified as to why the unit has been left vacant. g. Washers and dryers shall be provided in each employee housing unit. It. Each affordable housing unit shall be assigned one parking space in the underground garage. i. The Condominium Declaration shall include language, to be reviewed and approved by APCHA, that should the affordable housing units become ownership units: a. They will be sold through the lottery system. b. The dues will be based on the assessed value of the deed-restricted units vs. the free-market unit as well as the square footage of the units; c. No common expenses will be charged to the deed-restricted owners, unless approved by APCHA. d. A separate HOA shall be created for the five (5) deed-restricted employee housing units. Section 6: Planned Development— Detail 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. A snow storage and snow shedding plan. Snow is not permitted to shed off roofs onto neighboring properties. Demonstrate that any snow which sheds off roofs will remain on-site. e. An updated and final Transportation Impact Analysis(TIA), including a monitoring plan. Section 7: Subdivision/PD Plat and Aereement The Applicant shall submit a Subdivision/PD agreement (hereinafter "Agreement') that meets the requirements of the Land Use Code within 180 days of final approval. The 180 days shall commence upon the granting of Final Commercial Design and Planned Development — Detail Review approvals by the Planning & Zoning 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 Design Review/Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. 4. Final Transportation Impact Analysis (TIA), including a monitoring plan. Planning and Zoning Commission Reso No. 15, Series 2014 Page 5 of 1 I 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. 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. 3. Storm Water and Drainage Improvements Guarantee. e. In accordance with Section 26.590, Timeshare, the Applicant shall incorporate the requirements and restrictions of the City's Timeshare Regulations into the final timeshare instruments, including: 1. State requirements, 2. Owner occupancy limitations and disclosure of the public rental requirement, 3. Provisions for reserve funds for ongoing maintenance, 4. Prohibited practices and uses, 5. Limits on marketing techniques, 6. A prohibition against long-term storage of owner vehicles, and 7. Prohibitions on offering non-Aspen gifts within a marketing plan. f. A Condominium Map shall be competed for the development in accordance with Section 26.480.050(A), Condominiumization. Section 8: 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. 8.1 Drainage: The project shall meet the Urban Runoff Management Plan Requirements. A compliant drainage plan, including a 100-year mudflow analysis, must be submitted with a building permit application. A variance request will not be granted for exclusion of WCQV for Basin 8D. An inflow control mechanism could be proposed to limit the runoff that enters the BMP and allow any access runoff from offsite to bypass the structure. The vault access doors are proposed on the sidewalk at the hotel entrance. To improve the pedestrian experience, cover or hide the access lids or place them on the side of the sidewalk rather than the center. All underdrains shall be designed to show positive drainage to the City's storm system. 8.2 Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of City of Aspen Municipal Code Title 21. Pedestrian and vehicular traffic shall be distinguished in the alley. Planning and Zoning Commission Reso No. 15, Series 2014 Page 6 of I I 8.3 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. 8.4 CMP: The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. 8.5 Traffic Flow: The applicant shall address cul-de-sac design and the Spring Street bump out as part of the Detail PD Review to ensure they meet minimum Engineering Standards. The alley direction shall remain the same as today—entry from Durant and exit onto Original. Section 9: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). The subgrade garage shall have adequate fire access. This shall be reviewed and approved by the Fire Marshall. Section 10: Parks Department Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. Mitigation for removals must be met by paying cash in lieu, planting on site, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. Any plantings on the roof shall not qualify as mitigation. The applicant shall explore potential sites around the property to allow full maturation of trees. This shall be included as part of the PD Detail Review. A tree protection plan indicating the drip lines of each individual tree or groupings of trees remaining on site shall be included in the building permit application for any demolition or significant site work. The plan shall indicate the location of protective zones for approval by the City Forester and prohibit excavation, storage of materials, storage of construction backfill, storage of equipment, and access over or through the zone by foot or vehicle. Section 11: Aspen Consolidated 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 will 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 sanitary sewer utility plans require approval by ACSD. 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. Planning and Zoning Commission Reso No. 15, Series 2014 Page 7 of 11 Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and prior to micropiling. Soil nails are not allowed in rights of way. 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. Below grade development may require installation of a pumping system. Above grade development shall flow by gravity. Plumbing plans for the pool and spa areas require approval of the drain size by the district. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. Oil and Grease interceptors are required for all new and remodeled food processing establishments. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru Oil and Sand interceptor. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to a building permit application. 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 will 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). The Applicant shall furnish average and peak flows as well as service size prior to final design. The district will be able to respond with more specific comments and requirements once detailed building and utility plans are available. All ACSD total connection fees must be paid prior to the issuance of a building permit. Amendments to the above requirements agreed to in writing by the Applicant and the Aspen Consolidated Sanitation District shall supersede the sanitation requirements listed herein. Section 12: Environmental Health Department The State of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of wherr filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Planning and Zoning Commission Reso No. 15, Series 2014 Page 8 of 11 The trash enclosures shall meet the minimum requirements outlined in Title 12. Prior to Detail PD Review, the Applicant shall identify the type of door to be installed on the trash enclosures for review and approval by the Environmental Health Department. Section 13: Transportation Department The applicant shall implement the TDM and MMLOS mitigation measures, as outlined in the application. CMP and TMP should be mindful of Rubey Park construction scheduled for spring- fall of 2015. Any closures/re-routes of Durant Street will need to be coordinated with this project. Regardless of construction date, closures/impacts to Durant Street should be limited and coordinated well in advance with RFTA and the public.. Section 14: Parking Department The new cut-in loading zone on Spring must continue to be a public loading zone for goods and passengers and the balance of Spring Street must remain a Fire Lane. Section 15: Water/Utilities Department The Applicant 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 16: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 17: Public Amenity Spaces The Applicant'has committed to providing ground floor, second floor, and roof top public amenity spaces. These spaces shall be permanently accessible by the public through stairs and/or elevators. These spaces shall not be enclosed with temporary or permanent walls/windows or otherwise enclosed as interior conditioned space. Section 18: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. The elevator accessing the roof is required to meet ADA requirements. The ground floor affordable housing units shall have doors that provide access to the interior corridor, in order to meet ADA requirements. Section 19: Noise Studv The Applicant shall provide a detailed noise study, including ambient noise information, in a form acceptable to the Environmental Health Department prior to City Council Project Review. Section 20: Vacated Rights of Way The Planning and Zoning Commission recommends the City Council amend the Vacation Ordinances for Spring Street, Ute Avenue, and the alley in Block 102 (Ordinance 12, Series Planning and Zoning Commission Reso No. 15, Series 2014 Page 9 of I I 1961, Ordinance 2, Series 1962, and Ordinance 3, Series 1962) such that the portions of vacated rights of way on the Sky Hotel property be included in the net lot area calculation. Section 21: Dean Allev Snowmelt The Planning and Zoning Commission recommends City Council and the Applicant consider snowmelting the Dean Alley located in Block 107 between the Sky Hotel and the Chateau Dumont and Chaumont. Section 22: 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 Planning and Zoning 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 23: 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 24: 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. FINALLY, adopted, passed and approved this 21 st day of October, 2014. Approved as to form: Approved as o ntent: aures �True, ity Attorney L sp mer, Chair Attest: Cindy Mob,Records Manager Attachments: Exhibit A: Approved Dimensional Requirements Planning and Zoning Commission Reso No. 15, Series 2014 Page 10 of 11 Exhibit A—Approved Dimensional Requirements Lodge Dimensional Requirement Proposed Development Lodge Units and Net Livable 106 units in 48,095sgft net livable Commercial Net Leasable 3,380sgft net leasable Affordable Housing Units and Net Livable 5 units in 4,301 sqft net livable Free-Market Residential Units and Net 6 units in 10,322sgft net livable Livable Minimum Gross Lot Size (sqft) 42,645 sqft Minimum Net Lot Size (sqft) 37,113 sqft Minimum Net Lot Area per Free-Market 4,639sgft dwelling unit(sqft) Minimum Lot Width (feet) 116 ft Minimum Front Yard Setback(feet) Above Grade - 10 ft Below Grade-5 ft Minimum East Side Yard Setback(feet) Above Grade -6.4 ft East Wing; 2.8 ft West Wing Below Grade-5ft Minimum West Side Yard Setback(feet) Above Grade - 13 ft Below Grade -5 ft Minimum Rear Yard Setback(feet) Above Grade-5 ft Below Grade -5 ft Maximum Height(feet) 45 feet Public Amenity Space 12,997 sgft (30.5%) Allowed Floor Area Overall 96,289 sqft (2.59:1) Lodge 62,519 sgft(1.68:1) Commercial 3,459 sqft (.09:1) Affordable Housing 4,615 sqft (.12:1) Free-Market Residential 13,843 sqft(.37:1) ' Minimum Trash/Recycle Area 400 sqft for lodge; 213 sqft for residential Planning and Zoning Commission Reso No. 15, Series 2014 Page I I of 1 I