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HomeMy WebLinkAboutPZ_Draft Resolution_12_1_20_GL Comments Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 1 of 9 RESOLUTION #XX (SERIES OF 2020) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING, WITH CONDITIONS, PLANNED DEVELOPMENT, DETAILED REVIEW AND COMMERCIAL DESIGN, FINAL REVIEW FOR THE PROPERTY COMMONLY KNOWN AS LIFT ONE LODGE, 710 S. ASPEN STREET, WILLOUGHBY PARK, AND LIFT ONE PARK, AND LEGALLY DESCRIBED AS LOTS 1, 2, 3 AND 4 OF THE LIFT ONE LODGE SUBDIVISION / PUD ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5, 2013, AT BOOK 102, PAGE 1, RECEPTION NO. 597438, COUNTY OF PITKIN, CITY OF ASPEN, STATE OF COLORADO. Parcel ID: 2735-131-01-001; 2735-131-01-002; 2735-131-01-800; 2735-131-01-801 WHEREAS, the Community Development Department received an application for the Lift One Lodge Subdivision and Planned Unit Development (the Application) from Lift One Lodge Aspen, LLC (Applicant), represented by Stan Clauson Associates, Inc. for the following land use review approvals: • Planned Development, Major Amendment, Detailed Review (26.445) for proposed changes to an approved Pplanned Ddevelopment. While the project holds vested rights, changes of this magnitude require that a project be reviewed under the current Land Use Code, unless otherwise noted by the approval Ordinance; and • Commercial Design, Final Review (26.412) for Lots 1, 2 and 3 of the Planned Development. The project will be evaluated as part of the Mountain Base Character Area. • Final Major Development Review (HPC) (26.415) for rehabilitation and alterations affecting Skier’s Chalet Lodge, Skier’s Chalet Steakhouse, Lift 1, Willoughby Park and Lift 1 Park. WHEREAS, the subject property is zoned Lodge (L) and Park (P) with a Planned Development (PD) Overlay. Portions of the property are designated historic; and, WHEREAS, Historic Preservation Commission Resolution No. 14, Series of 2010, granted approval related to the relocation and designation of the Skiers’ Chalet and Skiers’ Chalet Steakhouse; and, WHEREAS, the original approval of the Lift One Lodge Subdivision / PUD was granted through Ordinance No. 28, Series of 2011; and, WHEREAS, an Amendment to the Planned Development was approved by Planning and Zoning Commission in Resolution No. 2, Series of 2016; and, WHEREAS, City Council, in Resolution No. 41, Series of 2015, Resolution No. 90, Series of 2017, and Resolution No. 71, Series of 2018 granted extensions of vested rights; and, Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 2 of 9 WHEREAS, the Lift One Lodge Project has existing vested rights through November 28, 2021; and, WHEREAS, following a community discussion and direction from City Council, Lift One Lodge worked with multiple stakeholders to redesign their project to accommodate the relocation of a new Lift 1A, and; WHEREAS, as a consequence of the proposed changes constituting a Major Amendment, all code citation references to the City of Aspen Land Use Code are in effect on the day of initial application – September 4, 2018, as applicable to this Project, unless otherwise noted by the approval ordinance; and, WHEREAS, the proposed changes in the Application for the Lift One Lodge Subdivision/PD were in response to a completed study of the Lift 1A corridor and the proposed relocation of the Lift 1A lift station to Willoughby Park; and, WHEREAS, the Historic Preservation Commission on October 24, 2018 in Resolution No.16, Series of 2018 granted Conceptual Major Development / Commercial Design Review Approval and a recommendation of approval for Project Review of a Planned Development by a seven to zero (7-0) vote, and; WHEREAS, following a review of the project and referral to an election by Aspen City Council, Aspen Voters approved Ordinance No. 38, Series of 2018 in March of 2019, granting approval of Planned Development, Project Review and several related reviews, and; WHEREAS, a complete application for Detailed/Final Review was received on September 1, 2020, and; WHEREAS, the Aspen Community Development Department and multiple referral agencies have reviewed the proposed Application and recommends approval with conditions; and, WHEREAS, the Planning and Zoning Commission was introduced to the Application review process at a duly noticed public hearing on November 4, 2020 and voted unanimously to continue the hearing to a date certain; and, WHEREAS, the Historic Planning Commission in a duly noticed public hearing on November 11, 2020, approved Resolution No. 23, Series of 2020, in a six to zero (6-0) vote to approve Historic Preservation Major Development Final Review, with conditions; and recommended approval of Planned Development, Detailed Review and Commercial Design, Final Review; and, WHEREAS, at a continued public hearing on December 1, 2020, The Planning and Zoning Commission, considered the application, a presentation by the applicant, public comment, and the recommendation of the Community Development Department; and, Commented [GL1]: Clarification – from the previous approval? Commented [GL2]: Could this statement be consolidated with the Whereas starting with “Following a community discussion…” a couple back? Commented [GL3]: General comment: In my Reso it was suggested to eliminate too much detail of process from Project review that was outlined in the Ordinance whereas statements so the detailed reso’s Whereas’ reflect current, detailed review process. Might simplify the Reso to address current review only. Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 3 of 9 WHEREAS, the Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission in Resolution #XX, Series of 2020, by an X to X (X-X) vote approving Planned Development, Detailed Review and Commercial Design, Final Review, as identified herein, with the recommended conditions listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval: A. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby grants the Lift One Lodge Planned Development – Detailed Review approval and Final Commercial Design Review approval, subject to the conditions of approval as listed herein. B. The Lift One Lodge Planned Development is subject to all conditions of approval, rights, obligations, and responsibilities as described in City Council Ordinance No. 38, Series of 2018, and Historic Preservation Commission Resolutions No. 16, Series of 2018 and No. 23 of 2020, unless otherwise amended by this Resolution. C. Any revisions from the Project Review approval contained in this application are considered insubstantial and within the allowances and limitations established in Ordinance No. 38, Series of 2018. Section 2: Dimensions on Lots 1 and 2 A. Dimensional limitations approved in Ordinance 38, Series 2018, are unchanged by this Resolution unless specifically noted. The approved dimensions from the Ordinance are attached hereto as Exhibit A, with additional notations to improve clarity. The project continues to be subject to all conditions stated in Ordinance No. 38, Series of 2018, including Section 8, Project Dimensions. B. Minimal modifications to dimensional limitations, as determined by the Community Development Director to be of a technical nature, or that are the result of Building Code requirements or Engineering Design Standards, may be approved administratively through an Insubstantial Planned Development Amendment review to memorialize any altered dimensions. C. Following approval of this Resolution, any future modifications to the dimensional requirements of Lots 1 and 2, beyond those identified in Paragraph B of this section, shall be subject to Land Use Code provisions related to Amendments to Planned Developments (26.445) and Common Development Procedures (26.304). Section 3: Dimensional Limitations on Lot 3 A. Lot 3 is to be zoned Park (P) upon recordation of an approved Plat. In the Park Zone District, dimensional requirements for all permitted and conditional uses are established by the Planned Development. On Lot 3, due to the technical complexities of the relationship between the subgrade structure and above grade facilities, and final design outcomes of the accessory structures identified in Section 4, below, the final dimensional requirements of Lot 3 shall be established and memorialized as specified by the issued building permit. Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 4 of 9 B. Following memorialization at building permit issuance, any future modifications to the dimensional requirements on Lot 3 shall be subject to Land Use Code provisions related to Amendments to Planned Developments. Section 4: Accessory Structures on Lot 3 A. Three (3) accessory structures on Lot 3, that were identified and described in Ordinance No. 38, Series of 2018, require additional design detail: 1. Tthe elevator tower that connects the parking garage to the park (final design by Lift One Lodge) 2. Tthe “lift shack” that provides operation control of the ski lift and related storage (final design by Aspen Skiing Company) 3. Tthe exterior public restrooms located south of the Skiers’ Chalet Lodge in the relocated “pool house” (Final Design by City of Aspen Parks Department) B. The final design for the three structures shall be reviewed and approved administratively through an Insubstantial Amendment to the Planned Development, Commercial Design Review, and Historic Preservation Major Development approvals. Approval is required prior to the submission of a building permit. Section 5: Planned Development, Detailed Review and Commercial Design, Final Review A. Unless otherwise identified by this Resolution and remedied by a condition of approval, the current project design meets the review criteria for Planned Development and Commercial Design Review. As the design continues to advance, compliance with review criteria and these approvals will continue to be monitored and will be confirmed in the required Approved Plan Set review and again during Building Permit reviews. B. The materials as represented at the December 1, 2020 P&Z meeting, attached as Exhibit B, are approved for the Lift One Lodge Buildings. Depending on the nature of the changes, minor changes to the exterior material palate may be approved either during the building permit review or through an Insubstantial Planned Development Amendment at the discretion of the Community Development Director. Section 6: Affordable Housing Mitigation: The current plans have been re-evaluated and remain consistent with Ordinance No. 38, Series of 2018 related to required affordable housing mitigation. Updated calculations will be confirmed at prior to Building Permit issuance review. Section 7: Parks Department: A. Unless otherwise defined by Ordinance No. 38, Series of 2018, HPC Resolution No. 16, Series of 2018 and HPC Resolution No. 23, Series of 2020, or this Resolution, the project shall continue to comply with Title 13 of the Municipal Code. A final landscaping plan shall be approved by the City of Aspen Parks Department prior to building permit issuance. B. The project is subject to the Water Efficient Landscaping Ordinance. Approval by the City of Aspen Parks Department is required prior to building permit submission. C. Project utility infrastructure – including related conduit is not allowed across Doliensek Gardens. Per Aspen Valley Land Trust / City of Aspen agreements, the conservation easement precludes utility easements across the parcel. D. The Aapplicant shall continue to coordinate with City of Aspen Parks Department staff Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 5 of 9 related to continuing landscape design refinement, tree mitigation, interface with Dolinsek Gardens, and maintenance plans prior to building permit issuance (?). E. Landscaping, Lighting, Signage, and other design choices on Lot 3 and related to the Skiers’ Chalet Steakhouse on Lot 1, shall continue to be coordinated with Historic Preservation staff and monitors, and the provisions of HPC Resolution No. 23, Series of 2020. 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. All conditions of Ordinance No. 38, Series of 2018 shall be met including all conditions to be met prior to building permit issuance, throughout construction of the project, and after issuance of a Certificate of Occupancy. The following are conditions of this approval: A. Construction Management Plan: The Applicant shall work with the Engineering Department to ensure the final Construction Management Plan meets all City requirements. B. Snow Storage: An adequate snow storage plan shall be approved prior to building permit issuance. The snow storage plan shall accommodate snow storage and removal on site that is a result of S. Aspen Street snow removal and maintenance along S Aspen St. All snow shedding requirements as outlined in Ordinance No. 38, Series of 2018 shall be met. C. Temporary Encroachments: All temporary uses and work within the ROW that are subject to ROW leases shall be subject to applicable fees as outlined in Section 21.12.140 of the City of Aspen Municipal Code. This requirement shall be memorialized in the Development Agreement. Acknowledging In accordance with the provisions ofin Section 6, Paragraph C of Ordinance 38, Series of 2018, all fees for soil stabilization / earth retention in the ROW beyond eight (8) months, the including fees for rental of the ROW for staging, storage, and laydown, shall not be waived. D. Mudflow: The project will shall be required to adequately mitigate mudflow hazards. Compliance is required prior to building permit issuance. E. Public Improvements: Given the overlapping complexities of the Lift One Lodge and Gorsuch Haus projects, the PD Development Agreement needs toshall speak to the expectations of installation timing for all public infrastructure including but not limited to: 1. 1) Tthe 16" waterline connection from S Aspen St to Monarch St.; T 2. 2) the electric primary from S. Aspen St, to Monarch St.; 3. A3) any necessary interim drainage and mudflow infrastructure should one project proceed ahead of the other; 4. T4) the condition of the termination of S. Aspen St. for both vehicles and pedestrians should Lift One Lodge proceed ahead of Gorsuch and; E.5. T5) the completion of all Dean Street improvements in regards to Gorsuch Haus or if those improvements are solely tied to Lift One Lodge. F. Ground Stability Monitoring: A slope stability report needs toshall be submitted prior to building permit issuance. In order to ensure that development of the Project does not Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1" Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 6 of 9 exacerbate naturally occurring ground movement, an inclinometer shall be installed and maintained by Lift One Lodge or its successors or assigs with bi-annual readings taken through the time of issuance of a Certificate of Occupancy. The first Building Permit application for the Project shall include a report on the initial readings and a subsequent report is required prior to issuance of a Certificate of Occupancy. G. Transportation Impact Analysis: The submitted TIA is not approved. The issue of measures being financed by the Ccity is still relevant. The City cannot accept TIA measures that are funded by the City to mitigate trips for a private development. The purpose of the TIA program is to hold private developments responsible to mitigate vehicle trips that are created by the new development. Reducing single vehicle dependence is a goal of the City and the TIA program ensures private developments supplement the work the City is also doing. It goes against the essence of the program to accept the TIA with measures that are funded by the taxpayers. The Ordinance does not lay out exactly what the $4,360,000 from the City will go towards other than “public facing element of the Project, including without limitation improvements to Dean Street and the relocation and rehabilitation of the Skier’s Chalet Lodge.” Given this language, the TIA for LOL should not include any improvements on Dean St for the TIA to be accepted by the Engineering Department. Alternatively, the project could provide a cost estimate of all TIA measures proposed along with the Chalet relocation. This cost estimate would need to demonstrate there are measures above and beyond the $4.36 million that LOL is financially contributing toward to mitigate the required 65 trips. An approved TIA shall be required as an exhibit to the development agreement. H. Dolinsek Interface: The Project will continue to work with COA Parks Dept to refine the grading interface between the Dolinsek Park and skiway. The COA understands the skiway grading as presented shall not vary greatly and if needed grade will be made up on the Dolinsek parcel. The drainage plan for the Dolinsek parcel is not completed. The project will continue to work with Parks to refine the drainage plan between the Dolinsek parcel and skiway. I. Dean St: There shall be a clause in the Ddevelopment Aagreement that directs the final decision on the use of pervious pavers or asphalt along Dean St. to the City Engineer at the time of building permit. The language should also include the possibility for other “green” or sustainable pavement options. Section 9: Building Code Compliance Project shall meet all requirements outlined in Ordinance No. 38, Series of 2018 and is subject to the adopted Building Codes in place at the time of building permit submission and shall show compliance prior to issuance of a building permit. Section 10: Fire Mitigation: The project shall meet all adopted Fire Code requirements in effect at the time of building permit submission and shall show compliance prior to issuance of a building permit. Section 11: Environmental Health Department: A. All conditions of Ordinance No. 38, Series of 2018 and Title 12 and Title 13 of the Aspen Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 7 of 9 Municipal Code shall be met. B. Appropriate sizing and other design requirements of the trash utility enclosure(s), will be confirmed prior to building permit issuance. C. Special Review Approval pursuant to Section 12.10.080 of the Aspen Municipal Code is required for the Trash, Utility, and Service area access configuration. Approval must be granted prior to building permit issuance. Section 12: Subdivision/PD Plat and Agreements A. Drafts of required licenses, easement agreements, and other agreements identified by Ordinance No. 38, Series of have been submitted for review. All required licenses and agreements shall be further reviewed, executed, and recorded in coordination with the Plat, Development Agreement, and other required approval documents. B. All other requirements for submittal of documents identified by Ordinance No. 38, Series of 2018, HPC Resolutions No. 16, Series of 2018 and No. 23, Series of 2020, shall continue. Section 13: Additional Approval Documents Required by this Resolution: A. A Noise Mitigation Plan for the roof top deck of the lodge building on Lot 1 and associated activities shall be included in the Development Agreement. The Plan will be reviewed by the City of Aspen Community Development and Environmental Health Departments to ensure compliance with the City of Aspen Noise Ordinance. The Plan shall include discussion of amplified sound, hours and nature of use, and relationship to special events. B. As identified in Condition 7, of Section 8, above, an updated and approved TIA shall be included as an exhibit to the Development Agreement. C. If at any point during the review and approval of Subdivision/PD Plats and Agreements, to perfect the entitlements granted, the relevant parties are unable to reach agreement on an aspect or condition of these documents, further review and mediation may be required by the review body with purview on that topic, including Aspen City Council, Planning and Zoning Commission, or the Historic Preservation Commission. Section 14: Outdoor Lighting and Signage: All outdoor lighting and signage shall meet the requirements of the Aspen Municipal Code. A Master Sign Plan is anticipated and shall be approved by the Community Development Director to establish a specific sign plan for the Lots 1, 2 and 3, prior to the issuance of a building permit, in accordance with Section 26.445.110.A - Insubstantial Planned Development Amendments. Section 15: Impact Fees: All applicable impact fees shall be calculated and assed prior to building permit issuance using the rates in effect in the Land Use Code at the date a building permit is submitted. Section 16: Vested Rights: Vested Rights for this project are subject to all rights, obligations, and responsibilities set forth in Ordinance 38, Series of 2018. Section 17: All material representations and commitments made by the Applicant pursuant to the development Commented [GL4]: This was for the GH service access, just making sure this is applicable to your project. Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 8 of 9 proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, and the Historic Preservation Commission 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 18: 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 19: 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. Section 20: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Applicant is required to submit within 180 days, a package of approval / entitlement documents as specified by Ordinance No.38, Series of 2018. Section 21: 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 Historic Preservation Commission, 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 22: 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 23: 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 1st day of December, 2020. Approved as to form: Approved as to content: Planning and Zoning Commission Resolution #XXX Series of 2020 Lift One Lodge Page 9 of 9 ___________________________ ________________________________ Katharine Johnson, Assistant City Attorney Spencer McKnight, Chair Attest: ____________________________ Cindy Klob, Deputy City Clerk EXHIBITS: A – Dimensional Table B – Materials Palette C – Site Plans, Floor Plans, Elevations, and Renderings