Loading...
HomeMy WebLinkAboutordinance.council.039-14 RECEPTION#: 617367, 02/12/2015 at 11:07:35 AM, 1 OF 14, R $76.00 Doc Code ORDINANCE Ordinance No. 39 Janice K. "Jos Caudill, Pitkin County, CO (SERIES OF 2014) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING 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 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 initially proposed: ■ 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. ■ 5 affordable housing units in 4,301 square feet of net livable area. City Council Ordinance No. 39, Series 2014 Page 1 of 14 ■ 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 public, Community Development staff, and the Planning and Zoning Commission on October 7, 2014, the Applicant revised the proposal to include: City Council Ordinance No. 39, Series 2014 Page 2 of 14 ■ 106 hotel units with 106 keys and 107 bedrooms in 47,092 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, with conditions; and, WHEREAS, on November 24, 2014 the Aspen City Council approved Ordinance No. 39, Series 2014, on First Reading by a three to zero (3-0)vote; and, WHEREAS, the City Council reviewed the Application at a duly noticed public hearing on December 1, 2014, and continued to December 8, 2014, January 12, 2015, and February 9, 2015, during which the recommendations of the Community Development Director and comments from the public were requested and heard by the City Council; and, WHEREAS, in response to feedback from the public and City Council on December 1, 2014, the Applicant revised the proposal to include: ■ 104 hotel units, 104 keys and 117 bedrooms in 56,509 square feet of net livable area. ■ 3,480 square feet of commercial net leasable space. ■ 2 affordable housing units in 1,714square feet of net livable area. ■ 66.5 parking spaces (54 of which are in an underground facility, and 12.5 of which are at-grade spaces dedicated to the Aspen Alps.); and, WHEREAS, during a public hearing on February 9, 2015, the Aspen City Council approved Ordinance No. 39, Series 2014, by a four to zero (4-0) vote, approving with conditions the Sky Hotel Subdivision and all necessary land use reviews; 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, City Council Ordinance No. 39, Series 2014 Page 3 of 14 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 the Sky Hotel 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 conditions of approval as listed herein. The dimensions shall be those as outlined in Exhibit A. Minor variations may be approved subject to review by the Community Development Department. The Conditional Use approval shall allow for restaurant, retail, service, and ski locker uses. Section 2: Effectiveness of Ordinance 4, Series 2015 The Sky Hotel project shall be subject to the provisions of Ordinance 4, Series 2015. Section 3: 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 approval of this ' Ordinance. Section 4: Timeshare Lodize 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. Periodic audits, pursuant to Section 26.575.210, Lodge occupancy auditing, of the Land Use Code may be conducted. Section 5: Growth Management Allotments 5.1 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. b. A commercial reconstruction credit of 5,259 square feet of net leasable area is credited toward the Project. 5.2 Growth Management Allotments. The following growth management allotments are recommended to be granted to the Sky Hotel Project: a. 27 lodging bedrooms = 54 lodging pillows. Added to the reconstruction credits, the project represents 107 lodging bedrooms or 214 pillows. City Council Ordinance No. 39, Series 2014 Page 4 of 14 b. 2 units of affordable housing. Section 6: Affordable Housing 6.1 Mitigation Requirements. The project is proposed to include two (2) affordable housing rental units, including one (1) one-bedroom unit and one (1) two-bedroom unit. The mitigation required for the project is as follows: Lodge: Mitigate for the additional 27 lodge bedrooms @ 48.6% 27 lodge bedrooms * 0.6 FTEs = 16.2 FTEs generated 16.2 FTEs generated by lodge— 8 FTE commercial credit= 8.2 FTEs generated 8.2 FTEs @ 48.6% mitigation=3.98 FTEs required mitigation for lodge The proposed affordable housing units will provide housing for 4 FTEs, exceeding the mitigation requirement by 0.02 FTEs. 6.2 Affordable Housing Special Review. Special Review is granted for the finished floor level of the affordable housing units such that at least fifty percent (50%) of the finished floor of the units shall be located at or above finished grade. 6.3 Affordable Housing Conditions. The two (2) affordable housing units shall be deed restricted at Category 3, and shall meet the following conditions: a. The affordable housing units shall meet or exceed the minimum square footage for Category 3. b. The deed restriction shall be recorded for the 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. e. Minimum occupancy shall be obtained for each unit, as defined in the APCHA Guidelines. £ 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. h. Each affordable housing unit shall be assigned one parking space in the underground garage, and they shall not be the stacked spaced. City Council Ordinance No. 39, Series 2014 Page 5 of 14 i. The affordable housing units shall be rental units. 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 deed-restricted employee housing units. Section 7: 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. f. A final design plan for the Spring Street cul-de-sac and bump out, as outlined in Section 9.5 of this Ordinance. Section 8: Subdivision/PD Plat and Agreement 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 Amenity Plans. 4. Public Infrastructure Plan. 5. Final Transportation Impact Analysis (TIA), including a monitoring plan. 6. Subdivision Plat (the subdivision plat shall show a non-exclusive easement for ingress and egress across the easterly portion of the Applicant's property between Durant Avenue and the alley in Block 107, for the use of Chateau Chaumont and Chateau DuMont condominiums) b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement shall be entered into with the City. City Council Ordinance No. 39, Series 2014 Page 6 of 14 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. The timeshare docs and condo map referenced e. and f., below, shall not be prepared until substantial completion of construction and should not be included in the 180 day deadline. They will be required prior to CO. 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), Condominium ization. The Condominium Map shall depict the non-exclusive easement described in Section 8.a.6. Section 9: 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. 9.1 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. City Council Ordinance No. 39, Series 2014 Page 7 of 14 9.2 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. 9.3 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. 9.4 CMP: a. The Construction Management Plan shall describe mitigation for parking, staging/encroachments, and truck traffic. b. The applicant will work with neighboring properties, including the Chateau Chaumont and Chateau Du Mont ("Neighbors") to obtain their input in the Construction Management Plan ("CMP") for the new Sky Hotel prior to presenting the CMP to the City of Aspen. The CMP will include the appointment of a specific construction team person as the contact for all Neighbors' questions and suggestions regarding the construction process. Neighbors desire uninterrupted access to the units and parking spaces within their condominiums. Applicant shall use good faith efforts to minimize interruptions for access for condominium owners and guests to the units and parking spaces within the condominiums. Applicant shall limit the most disruptive alley work directly in front of the Neighbors' condominium buildings to April 15 through June 15 and October 1 to November 20 of each year. The specific hours and details for access will be determined in the CMP. In recognition of the fact that the Neighbors' properties are immediately adjacent and very near the Sky Hotel, the CMP shall provide for real and significant noise and dust control measures. For example, watering exposed areas as reasonably necessary to suppress dust during all times of excavation, and the provision of physical sound barriers between the construction site and the Neighbors' properties to be erected prior to commencement of excavation and construction activities in order to mitigate sound impacts. These neighborhood agreements are intended to augment, rather than supersede City of Aspen construction regulations 9.5 Traffic Flow: The applicant shall address the cul-de-sac design and the Spring Street bump out as part of the Detail PD Review. The Spring Street cul-de-sac area and final design will require approval from Aspen Fire District, which may or may not require additional improvements to the cul-de-sac. The alley direction shall remain the same as today — entry from Durant and exit onto Original. Section 10: 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 11: Parks Department City Council Ordinance No. 39, Series 2014 Page 8 of 14 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 12: 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. 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 shall not be routed to ACSD's sanitary sewer infrastructure but rather be mitigated in accordance with the City of Aspen's Urban Runoff Management Plan. 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 City Council Ordinance No. 39, Series 2014 Page 9 of 14 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 13: Environmental Health Department 13.1 Environmental Health Codes: The State of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. 13.2 Trash Requirements: 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. Trash and deliveries shall be located off the Alley, as represented in plans presented to City Council. 13.3 Deliveries and Trash Removal: In the alley in Block 102, all deliveries and trash removal to and from the new Sky Hotel will occur between the hours of 8:00 a.m. and 7:00 p.m. except under the following circumstances: • Heavy snowfalls, acts of God, and force majeure • Food & Wine Classic, in which case, for 3 days prior to the,event, these timelines may be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m. • X-Games, in which case, for 3 days prior to the event these timelines may be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m. • Christmas, in which case, for 3 days prior to Christmas Eve, these timelines may be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m. • New Years, in which case, for 3 days prior to New Years' Eve, these timelines may be exceeded to include the following hours: 7:00 a.m. to 10:00 p.m. There shall be only two service doors at the delivery and trash removal area. Applicant shall schedule deliveries and trash removal at the Sky Hotel so that the alley in Block 102 is not unreasonably blocked by vehicles servicing the Sky Hotel, whether parked or waiting for other service vehicles to vacate the service bays. There shall be no unreasonable City Council Ordinance No. 39, Series 2014 Page 10 of 14 parking or idling of delivery or service vehicles in the access area between the alley in Block 102 and Durant Avenue on the Sky Hotel property adjacent to the Neighbors. The requirements of Paragraph 13.3 shall take effect upon the issuance of the Final Certificate of Occupancy for the newly constructed Sky Hotel. 13.4 Noise Requirements: The Applicant shall be required to install a sound system to accommodate the acoustic needs for day-to-day operations as well as special events. Outside events are not permitted to bring in their own sound equipment, unless approved by the City through a Temporary Use Approval or a Special Events Permit. Noise levels shall meet City requirements at all times. The applicant shall explore an engineered solution that does not require .additional noise paneling. If an engineered solution is not achievable, removable transparent panels of no more than 4.5 feet in height (from the point of attachment) shall be permitted on the second floor and rooftop decks to help abate noise. These shall be removed within 24 hours following an event. In the event the removable panels are required for back-to-back events, they may be up for no longer than seven (7) continuous days. The Applicant shall meet with representative from the Community Development and Environmental Health Departments prior to submission of the main building permit to review the engineered solution options and evaluate the need for the noise panels referenced herein. The Sky Hotel will satisfy all of the time and decibel levels as required by the City regulations, as the same may be amended from time to time. Notwithstanding City Code limitations, the decibel level at the property line between the Sky Hotel and the Skegby Residence, as measured by the City of Aspen Enforcement Officer, shall not exceed 60 dB- A; and the decibel level at the property line between the Sky Hotel and the Neighbors shall not exceed 60 dB-A measured from the southwest corner of the Chateau Chaumont property line and the southwest corner of the 3rd floor courtyard balcony. In both cases such measurements shall be made using a sound level meter with the "A" weighting scale, set on "slow" response at any time there is activity on the roof top of the Sky Hotel. The noise level shall be assessed by taking numerous measurements over a number of minutes, and averaging those readings. The sound level meters must meet Type 2 specifications, according to ANSI S1.4-2014 (or most current edition), and that sound level meter should be checked prior to measurements with a field calibrator. The noise measured must actually originate from the Sky Hotel. Any measurement must take into account and consider other background noises as required by the City code at the time of the event and measurement. All activity (except for the limited purposes of cleaning and removal of sound barriers) on the roof top areas of the Sky Hotel shall cease at the earlier of 10:00 p.m. or the time provided in the City regulations for the cessation of outdoor amplified music unless a Special Event Permit is obtained from the City by the Sky Hotel. There shall be no more than 15 Special Events per year for which Applicant or the Sky Hotel applies to the City for activity on the rooftop areas, and in no case shall Special Event activity on the roof top continue beyond 11:00 p.m. on any night. Provided, however, removal of sound barriers may be permitted to take place after the conclusion of any special event. Sound barriers will be limited to the areas shown on the plans dated January 26, 2015 submitted by the City Council Ordinance No. 39, Series 2014 Page 11 of 14 Applicant. The requirements of this section (Part 13.4) shall take effect upon the issuance of the Final Certificate of Occupancy for the newly constructed Sky Hotel. Section 14: 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. An updated TIA is required at the PD- Detail Review and shall include a monitoring plan. Section 15: Parkin 15.1 Fire Lane: The new cut-in loading zone on Spring shall continue to be a public loading zone for goods and passengers and the balance of Spring Street must remain a Fire Lane. 15.2 Required Parking: A total of fifty-four (54) spaces shall be provided in the sub-grade parking garage, seven (7) of which are stacked spaces. The project generated a requirement of forty-one (41) parking spaces. 15.3 Parking Garage Use: All spaces in the parking garage shall be limited to use by guests, tenants, and users of the Project, with the exception that up to thirteen (13) parking spaces in the parking garage may be made available to Chateau DuMont on a space available basis as determined by the Sky Hotel General Manager. Long-term car storage by any user of the garage shall be prohibited. 15.4 Affordable HousingParking: Each affordable housing unit shall be assigned a parking space in the parking garage. These shall be located in a regular, non-stacked, parking space. Long-term storage of vehicles that are owned or used by the affordable housing tenants is permitted. Section 16: 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 17: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 18: Public Amenity Spaces The Applicant has committed to providing a total of 12,408 sq ft of public amenity space (3,113 sq ft at grade, 1,553 sq ft on a second floor deck, and 7,742 sq ft on the roof top deck). 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 City Council Ordinance No. 39, Series 2014 Page 12 of 14 as interior conditioned space, with the exception of the noise barriers referenced in Section 13.3. Approved Public Amenity space on the roof shall be subject to a public access easement. Section 19: 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 IBC accessibility requirements. The ground floor affordable housing units shall be provided with a compliant circulation path within the site that connects the units to the.parking and the public right of way. Section 20: 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. Section 21: 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 22: 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 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 25th day of November, 2014. (Steven on—,Mayor TT ST: �. Linda Manning, City Clerk FINALLY,adopted,passed an I approved this 9th day of February, 2015. APPROVED AS TO FORM: APP OVED A�T CO TENT: J es R. True, City Attorney Steven Slon,Myor City Council Or inance No. 39, Series 2014 Page 13 of 14 ATT E T: Linda Atnning, City Clerk ATTACHMENTS: Exhibit A: Approved Dimensional Requirements Exhibit A:Approved Dimensional Requirements Lodge Units and Net Livable 104 units and 117 bedrooms in 56,509 sq ft net livable Commercial Net Leasable 3,480 sq ft net leasable Affordable Housing Units and Net Livable 2 units in 1,714 sq ft net livable Minimum Gross Lot Size(sq ft) 42,645 sq ft Minimum Net Lot Size (sq ft) 37,113 sq ft Minimum Net Lot Area per Free-Market dwelling unit 4,864 sq ft (sq ft) 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- 10 ft 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) 40 feet Maximum Height for mechanical 50 feet Public Amenity Space 11,798 sq ft (27.6%) Allowed Floor Area* Overall 91,552 sq ft(2.46:1)* Lodge 72,781 sq ft (1.96:1) Commercial 3,460 sq ft (.09:1) Affordable Housing 1,876 sq ft (.05:1) Parking Garage: 54 Spaces Minimum Off-Street Parking Surface Spaces: 12.5 spaces for Aspen Alps Minimum Trash/Recycle Area 560 sq ft *Minor changes during PD — Detail Review and/or building permit review may be approved such that they do not exceed those in the underlying zone district City Council Ordinance No. 39, Series 2014 Page 14 of 14