HomeMy WebLinkAboutordinance.council.009-01 ORDINANCE NO. _9
(SERIES OF 200l)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE HOTEL ASPEN MINOR PLANNED UNIT DEVELOPMENT,
110 WEST MAIN STREET, LOTS F, G, H, I, P, Q, R, AND S} BLOCK 58, CITY
AND TOWNSITE OF ~SPEN, PITKIN COUNTY, COLORADO,
Parcel ID #2735-124-61-112
WHEREAS, the Community Development Department received an application
from Hotel Aspen Condominium Association, owner of the Hotel Aspen Lodge located at
110 West Main Street, Lots F, G, H, I, P, Q, R, and S, Block 58, City and Townsite of
Aspen, for a Minor Planned Unit Development (PUD) to accommodate eight (8) new
lodge rooms and two (2) new affordable housing units to be contained within an addition
to the existing Hotel Aspen; and,
WHEREAS, the Hotel Aspen is located in the Office (O) and Medium Den. sity
Residential Zone Districts with a Lodge Preservation (LP) Overlay; and,
WHEREAS, pursuant to Section 26.470.070 (M) of the Land Use Code, ~the
Aspen Planning and Zoning Commission may exempt the development of properties in
the LP Overlay Zone District to provide additional lodge units and additional affordable
housing units from the scoring and competition procedure of growth managemenf at a
duly noticed public hearing, pursuant to the requirements of said section and,
WHEREAS, pursuant to Section 26.445 of the Land USe Code, dimensional
requirements of properties located in the LP Overlay Zone District may be established
through the PUD review process; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council
may approve a PUD final development plan during a duly noticed public hearing after
considering a recommendation from the Plarming and Zoning Commission made at a duly
noticed public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Building Department, the AsperffPitkin County Housing Authority, and the Community
Development Department reviewed the Project and recommended approval with
conditions; and,
WHEREAS, during a duly noticed public hearing on November, 7, 2000,
continued to December 5, 2000, and continued to January 16, 2001, the Planning and
Zoning Commission approved, by a four to zero (4-0) vote, the growth management
allotment eight (8) lodge units and two (2) affordable housing units to be included in the
Hotel Aspen expansion; and,
Ordinance No. __, Series of 2001
Page 1
WHEREAS, during a duly noticed public hearing on November, 7, 2000,
continued to December 5, 2000, and continued to January 16, 2001, the Planning and
Zoning Commission recommended, by a four to zero (4-0) vote, that the Aspen City
Council approve the Hotel Aspen Minor Planned Unit Development, with conditions
contained herein; and,
WltEREAS, 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,
WItEREAS, 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, is consistent with the goals and elements of the Aspen 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 as follows:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Hotel Aspen Minor Planned Unit Development, consisting of an eight (8) lodge unit
and two (2) affordable housing unit addition to the existing lodge, is approved subject to
the conditions of approval described hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by
the Community Development Director to reflect Lots F, G, H, I, P, Q, R, and S, Block 58,
City and Townsite of Aspen, as assigned with a Planned Unit Development (PUD)
Overlay.
Section 3:
Conditions of Approval:
1. A PUD Agreement shall be recorded within 180 'days of the final approval by City
Council and shall include the following:
a) The approved dimensional requirements for the property in a tabular format.
b) The information required in Section 26.445.070(C).
c) A parking management plan that details the marketing, taxi voucher, and free
bicycle programs that will be implemented by the hotel operator.
Ordinance No. __, Series of 2001
Page 2
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
any physical improvements within City rights-of-way, and location of utility
pedestals. If any utility mains are to be relocated, those new locations must be
shown. If any utility mains exist in the vacated alley, easements shall be
granted if not already established.
b) An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the approved dimensional requirements in a tabular
format.
c) A drawing representing the project's architectural character.
d) A lighting plan demonstrating compliance with the City Lighting Regulations.
e) A geometric design of the Main Street loading pull-out area with a signature
line for the City Engineer.
f) A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer maintaining drainage and sediment 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.
3. Prior to application for a building permit being accepted by the Building Department
the applicant shall:
a) Recor~l the PUD Agreement and the Final PUD Plans.
b) Gain final approval from the Historic Preservation Commission.
c) Deed restrict the two one-bedroom employee units to Category 2, or lower, with
the Aspen/Pitkin County Housing Authority.
d) Deed restrict the two one-bedroom employee units to employees of Hotel
Aspen, or its successors or assigns.
e) Review a PM10 mitigation plan with the City Environmental Health
Department.
4. The building permit application shall include:
a) A copy of the final PUD Ordinance, recorded PUD Agreement, and the
applicable HPC approval documents.
b) The conditions of approval placed on the project by for Planning and Zoning
Commission, City Council, and the Historic Preservation Commission
approvals printed on the cover page of the building permit set.
c) A completed tap permit for service with the Aspen Consolidated Sanitation
District.
Ordinance No. __, Series of 2001
Page 3
d) A tree removal permit as reqUired by the City Parks Department.
e) A completed agreement to join any future improvement districts formed for
the purpose of constructing improvements in adjacent public rights-of-way.
f) Construction drawings for improvements to the Main Street right-of-way for
approval by City Engineering.
g) An encroachment license for the parking area within the Bleeker Street right-
of-way for approval by the City Engineer. This encroachment may also
require a lease agreement ~vith the City.
h) Encroachment licenses for existing unlicensed improvements in public right-
of-way.
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.
b) All tap fees, impacts fees, and building permit fees shall be paid.
6. The applicant shall encourage visitors to not rent a car when staying at the Hotel
Aspen through marketing information, supply free taxi vouchers to guests, and the
free use of bicycles to guests. The Hotel manager Shall use day parking passes
available through the City Parking Department for off-site guest parking. The details
of this ongoing obligation shall be included in the PUD agreement.
7. Two parking spaces shall be made available and signed for the employee units.
8. All construction vehicles, materials, and debris shall be maintained on-site and not
within public rights-of-way unless specifically approved by the Director of the Streets
Department. All vehicle parking, including contractors' and their employees', shall
abide by the 2 hour residential parking limitation of the area unless an exemption is
granted by the Parking Department. The applicant shall inform the contractor of this
condition.
9. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m. with no construction activity on Sundays.
10. Prior to issuance ora Certificate of Occupancy or Certificate of Completion for the
employee units, a member of the Aspen/Pitkin County Housing Authority shall
inspect the units to determine if the units comply with the representations made in the
application.
11. Before issuance ora building permit, the applicant shall record the Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza '
Building. There is a per page recordation fee. In the alternative, the applicant may pay
this fee to the City Clerk who will record the resoluti°n~
Section 4:
All material representations and commihments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
Ordinance No. , Series of 2001
Page 4
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 5:
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 conducted and concluded under such
prior ordinances.
Section 6:
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.
Section 7:
Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of
this Ordinance to be published in a newspaper of general cimulation within the City of
Aspen no later than fourteen (14) days following final adoPtion hereof.
Section 8:
A public hearing on the was held on the 12th day of March, 2001, at 5:00 in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to Which hearing a
public notice of the same was published in a newspaper of general circulation within the City
of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City °fAsPen on the 26th day of February, 2001.
Attest:.
athr~n'S~och, City Clerk "~ T;rr~ Pau o Mayor pro Tem
FINALLY, adopted, passed and approved this [Z, dayof ~ 2001.
Approved as to form: Approved as to content:
Ordinance No. , Series of 2001
Page 5
Ci~3~tto~le~ - ~ ~ ' em
Attest:
C:khome\Chris\CASESkHotel_Aspen\Ordinance.doc
Ordinance No. , Series of 2001
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