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HomeMy WebLinkAboutresolution.apz.017-14 RECEPTION#: 616146, 12/19/2014 at 10:21:53 AM, RESOLUTION NO. 17, 1 of 4, R $26.00 Doc Code RESOLUTION (SERIES OF 2014) Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING LODGE AND AFFORDABLE HOUSING GROWTH MANAGEMENT REVIEWS, AND RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE PROPERTY LOCATED AT 1450 CRYSTAL LAKE ROAD (THE ASPEN CLUB), LEGALLY DESCRIBED AS LOTS 15-A THROUGH 15-E OF CALLAHAN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-181-32-019 WHEREAS, the Community Development Department received an application from Haas Land Planning, LLC, represented by Mitch Haas, LLC and Gateway Management Company requesting a PUD Amendment and Growth Management Reviews for the Aspen Club project; and, WHEREAS, the Applicant received Conceptual Commercial Design Review from the Planning and Zoning Commission on April 1, 2008 via Resolution 9, Series of 2008; and, WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12) affordable housing units, and to redesign existing commercial spaces, from the Aspen City Council on June 1, 2010 via Ordinance 2, Series of • 2010; and, WHEREAS, the Applicant received Final Commercial Design Review from the Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and, WHEREAS, the Applicant received approval for one (1) additional unit and a total of six (6) additional lodge pillow allotments from the Planning and Zoning Commission on September 18, 2012 via Resolution 16, Series of 2012; and, WHEREAS,the Applicant received approval for floor area amendments and setback amendments to accommodate retaining walls from the Planning and Zoning Commission on April 15, 2014 via Resolution 5, Series of 2014; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Growth Management Reviews to add four (4) lodge pillows, and requests the Planning and Zoning Commission recommend City Council approve a PUD Other Amendment; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on December 16, 2014, the Planning and Zoning Commission approved Resolution No. 17, Series of 2014, by a six to zero (6—0) vote, approving Lodge and Affordable Housing Growth Management Reviews and recommending City Council approve a PUD Other Amendment; and, Resolution No 17, Series 2014 Page 1 of 4 WHEREAS, the Planning and Zoning Commission 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 Community Development Director, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION 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 Planning and Zoning Commission hereby recommends City Council approve a PUD Other Amendment memorializing the following items: • Removal of the subgrade parking garage and relocation of the parking spaces to the surface of Lot 15-A and the roof of the Club building. • The use of synthetic roofing material that looks like metal, as represented in the P&Z meeting on December 16, 2014. • Revised dimensions are outlined in Exhibit A. All other dimensions remain unchanged. • Section 2• The Planning and Zoning Commission herby recommends the following conditions be incorporated in the City Council Ordinance: • The Applicant shall work with the Fire Department to address proper emergency access to the pool area. This may include the addition of an emergency access stair from the parking are on the roof of the Club building to the pool area, or other designed access solution. The Fire Department shall review and approve the final design of any access solution. • The affordable housing units shall be granted a perpetual access easement through the site to use all internal side sidewalks in order to access the Roaring Fork River through Lot 15-A. Formalized internal sidewalks through the site shall be added to the site plan, as necessary, to accommodate this condition. • The affordable housing units shall be granted a perpetual access easement to their storage that is located on Lot 15-A. • A perpetual easement for the pool wall enclosure shall be placed on applicable portions of Lot 15- D. • A revised setback exhibit shall be provided prior to City Council review. Section 3• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves four (4) lodge allotments through its lodge development • Growth Management Review, and approves the Aspen Club to utilize the previously approved affordable Resolution No 17, Series 2014 Page 2 of 4 housing units as mitigation through its affordable housing Growth Management Review. This approval is for an increase in pillows, but does not increase the number of lodge units, which shall remain at 21. • Section 4• The affordable housing commitment made by the applicant represents a voluntary negotiated agreement between the applicant,the City and APCHA which has been proposed by the applicant as a public benefit in connection with the Aspen Club development approved by Ordinance No. 2 (Series 2010), and as amended. Owner and APCHA stipulate and agree that, in accordance with CRS 38-12-301(1)(a) and (b), the deed restriction that shall be recorded prior to Certificate of Occupancy constitutes a voluntary agreement and the deed restriction limits the rent on the property and is subject hereto and is to otherwise provide affordable housing stock. Owner waives any right it may have to claim that the deed restriction will violate CRS 38- 12-301. Section 5• All conditions outlined in all previous approvals remain valid and in effect. Section 6• 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 7• 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 8• 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 16th day of December, 2014. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 42 L Debbie Quin 1 Stan Gibbs Vice-Chair ATTEST: Cindy Mob,Deputy City Clerk • Exhibit A: Proposed Dimensional Requirements Resolution No 17, Series 2014 Page 3 of 4 Dimensional Proposed Dimensional Requirements Requirement • Lot 15-A: 152,6691 sq. ft. Lot 15-B: N/A Minimum Lot Size Lot 15-C: 19,451 sq. ft. Lot 15-13: 31,655 sq. ft. Lot 15-E: 11,459 sq. ft. Lot 15-A: Existing height plus 8 inches for a re-roof Maximum Height* Lot 15-E: 30 feet On all lots, internal landscape/retaining walls may exceed 30 inches, as shown on the Final PUD Plans Lot 15-A Front Yard Setback: 30 feet, 25 feet for affordbale housing storage Setbacks access Lot 15-A West Side Yard Setback: 18 feet to parking stair, all other unchanged. Total: 107,600 sq. ft. Aspen Club & Spa Building: 40,000 sq ft Allowable Floor Area Lodge: 54,000 sq. ft. (Townhouse Units: 36,000 sq. ft.; Club Units: 18,000 sq. ft.) Multi-family (affordable housing units): 13,600 sq. ft. 128 spaces total: • Minimum Off-Street Lodge: 21 spaces Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots 14A& 14W) AH units: 12 spaces All heights measured from finished grade. Consistent with code, chimneys, flues, vents, elevator and stair enclosures, and similar apparatus may extend no more than ten (10) feet above the overall height limit of 28 feet for all lots in the PUD, as measured from finished grade. Rooftop railings and similar safety devices permitting rooftop access may extend up to five (5) feet above the height of the building at the point the railing connects, provided the railing is the minimum reasonably necessary to provide adequate safety and building code compliance. Permeant rooftop amenities, including any pad the amenity/equipment is placed on, may extend up to five (5) feet above the height of the building at the point the equipment is attached. Heating, ventilation, and air conditioning systems, including any pad the equipment is placed on, may extend up to six (6) feet above the height of the building at the point the equipment is attached; walls/fences are also permitted around such equipment as necessary to screen the equipment from view. Energy efficiency systems or renewable energy production systems and associated equipment located on top of a building may extend up to ten (10) feet above the height of • the building at the point the equipment is attached. Resolution No 17, Series 2014 Page 4 of 4