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HomeMy WebLinkAboutOrdinance_11-12-18City Council Ordinance No. 39, Series 2016 Page 1 of 11 ORDINACE NO. 39 (SERIES OF 2016) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PLANNED DEVELOPMENT-PROJECT REVIEW AND ASSOCIATED LAND USE REVIEWS FOR THE GORSUCH HAUS, A PROPERTY LOCATED AT THE BASE OF ASPEN MOUNTAIN AND 1A LIFT, ON THE EAST SIDE OF S. ASPEN STREET, COMPRISED OF FOUR PARCELS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel IDs: 273513127001, 273513126001, 273513400028 WHEREAS, the Community Development Department received an application for the Gorsuch Haus lodge from Norway Island LLC, PO Box 12393, Aspen CO 81612 (applicant), where Aspen Skiing Company, PO Box 1248, Aspen CO 81612 is the owner, represented by Design Workshop for the following land use review approvals: • Planned Development – Project Review, pursuant to Land Use Code Chapter 26.445; and, • Rezoning - pursuant to Land Use Code Chapter 26.310; and, • Growth Management Reviews – for lodge, free-market, affordable housing, and commercial development pursuant to Land Use Code Chapter 26.470; and, • Conceptual Commercial Design Review - pursuant to Land Use Code Section 26.412; and, • 8040 Greenline Review - pursuant to Land Use Code Chapter 26.435; and, • Mountain View Plane - pursuant to Land Use Code Chapter 26.435; and, • Major Subdivision - pursuant to Land Use Code Chapter 26.480; and, • Vested Property Rights - pursuant to Land Use Code Chapter 26.308. WHEREAS, the application for the redevelopment proposes:  67 hotel units with 81 keys.  6 free-market residential units.  1 affordable housing unit.  61 parking spaces; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority, and Utilities 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 by the board was provided; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed application and initially recommended restudy of the project so the design, mass and scale of the project better fit with the context of the immediate neighborhood; and, City Council Ordinance No. 39, Series 2016 Page 2 of 11 WHEREAS, the Planning and Zoning Commission reviewed the application at a duly noticed public hearing on July 5, 2016, that was continued to July 19, 2016, August 16, 2016, and September 20, 2016, during which the Planning and Zoning Commission made a recommendation of denial of the application via Resolution No. – (Series of 2016). 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; 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 AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the land use reviews needed to redevelop the site with a mixed use building containing a mix of lodging, free-market residential, affordable housing and commercial net leasable space, and a new chairlift. The following land use reviews be approved: Planned Development- Project Review, Rezoning, Major Subdivision, Growth Management Quota System Reviews, Conceptual Commercial Design, Mountain View Plane, 8040 Greenline, and Vested Property Rights approval for the Gorsuch Haus, subject to the conditions of approval as listed herein for a development containing 67 lodge units (with 81keys,) 6 free-market residential units, 1 affordable housing unit, 6,810 sq. ft. of commercial net leasable space and a new ski lift. The lodge units shall operate under the rules and regulations of the City of Aspen. The six free- market units are not permitted to be combined. A transit shuttle will be provided for skier and guest access to the site. Section 2: Planned Development -Project Review The proposed project includes the development of a new, relocated ski lift as well as a mixed use building that contain a mix of lodging, free-market residential, affordable housing, and commercial uses. The recommended dimensions, site plan, architectural massing and character are represented as Exhibits A and B of this resolution. Within 180 days of approval of this ordinance, the applicant shall submit an ‘Approved Plan Set,’ containing the floor plans, site plan, lot configuration, and elevations that were approved by the City Council. Section 3: Rezoning The current zoning for the subject properties located with the city’s municipal boundary is Conservation (C). The City Council approves the rezoning of the subject properties to the Ski Area Base (SKI) zone district. City Council Ordinance No. 39, Series 2016 Page 3 of 11 Section 4: Subdivision Currently the subject land area consists of four parcels within the city’s municipal boundary. The applicant proposes, and the City Council approves the parcels be reconfigured into two lots. The City Council also approves the vacation of the public rights-of-way, comprised of 13,234 sq. ft. as requested by the Applicant (a portion of S. Aspen Street, all of Summit Street and a portion of Hill Street) to be replaces with any necessary easements. Section 5: Growth Management Allotments 2.1 Reconstruction Credits. Based on the Gorsuch Haus redevelopment proposal, the Applicant is entitled to a reconstruction credit, pursuant to Land Use Chapter 26.470. a. 2,117 sq. ft. of commercial net leasable is represented to currently exist on the site. This credit and the FTEs generated by the square footage will be verified and applied to the project at building permit submission. 2.2 Growth Management Allotments. The following growth management allotments are granted to the Hotel: a. 6 free market residential dwelling unit allotments. b. 1 affordable housing unit allotment. c. 4,693 sq. ft. of new commercial net leasable space. 112 lodging pillows from the 2016 GMQS calendar year, with a recommendation of 50 lodging pillows to be granted from the 2017 GMQS calendar year. Section 6: Affordable Housing 3.1 Mitigation Requirements. The mitigation required for the project is as follows, which may change upon further review and modification of the project: Free Market Residential 8.21 Lodge 29.16 Commercial Net Leasable 15.81 53.17 FTES (MINUS ANY CREDIT) The project includes one (1) three-bedroom affordable housing unit for on-site mitigation and the balance of mitigation is to be in the form of off-site units or certificates of affordable housing credits (AHCs). 3.2 Affordable Housing Conditions. Any affordable housing units shall be deed restricted at a Category 4 income level or lower. They are permitted to be rental units, and shall comply with the APCHA Guidelines, now and as amended. No Certificate of Occupancy shall be granted for any component of the project until all of the affordable housing mitigation is provided. Section 7: ESA Reviews City Council Ordinance No. 39, Series 2016 Page 4 of 11 The City Council finds the application meets the 8040 Greenline review criteria and finds that the project has a minimal effect on the Wheeler view plane. 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. 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). 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. Additional materials shall be submitted as part of the Planned Development Detailed Review application inclusive of, but not limited to, a detailed plan for existing tree protection and sidewalk development for the property. 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. The current sanitary sewer service line is substandard and shall be replaced with a new connection to the District’s main sewer line in the alley. Section 12: Environmental Health Department 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. Additional materials shall be submitted as part of the Final Commercial Design Review application inclusive of but not limited to appropriate sizing of the trash/utility enclosure, delineation of clearance of the waste enclosure, clarity on co-location of trash and utilities to ensure adequate room is provided. Section 13: 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 City Council Ordinance No. 39, Series 2016 Page 5 of 11 assessed per applicable codes and standards. Utility placement and design shall meet adopted City of Aspen standards. Section 14: Plan Set and Development Agreement Conditioned on final approval being granted for this project, Planned Development- Detail Review, a final plan set shall be recorded inclusive of an architectural character plan, an interpolated natural grade plan, landscape character plan, and a public infrastructure plan. The record owners shall prepare, execute and record a Development Agreement meeting the requirements of Section 26.490.050, Development Agreements, Section 26.490.060, Financial and Site Protection Requirements, and Section 26.490.070, Performance Guarantees of the land use code. The Site Protection and Site Enhancement Guarantees which are part of the Financial and Site Protection Requirements, shall be $250,000.00 per guarantee. The plan set and development agreement shall be reviewed to ensure each item and condition of approval is documented to the satisfaction of the Community Development Director, the City Engineer, and the City Attorney prior to recordation. No building permit submission for development of the lot shall be permitted until recordation has occurred. The Development Agreement shall set forth a description of the proposed improvements and obligations of the parties. Section 15: Vested Rights Vested rights period of five years is granted conditioned on the applicant receiving final approval of the project. Section 16: Severability 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 17: Existing Litigation 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 18: Representations Preserved 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 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 19: Public Hearing A public hearing on this ordinance shall be held on the 13th day of February, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. City Council Ordinance No. 39, Series 2016 Page 6 of 11 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of December, 2016. Attest: __________________________ ____________________________ Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of , 2017. Attest: __________________________ ___________________________ Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R. True, City Attorney Attachments: Exhibit A – Site plan and elevations Exhibit B - Dimensional standards Exhibit C – Legal description City Council Ordinance No. 39, Series 2016 Page 7 of 11 Exhibit A – Site Plan and elevations City Council Ordinance No. 39, Series 2016 Page 8 of 11 City Council Ordinance No. 39, Series 2016 Page 9 of 11 Dimensional standards Dimensions Current Proposal (SKI) Minimum lot size 75,466 (Lot 1) Minimum net lot area per dwelling unit NA Minimum lot width +/- 221 ft. Front yard 46 ft. Side yard 6 and 0 ft. Rear yard 5 ft. Maximum height 47 ft. Cumulative floor area 70,134 sq. ft. Lodging floor area 51,268 Commercial floor area 5,910 Multi-family floor area 12,102 Affordable housing floor area 854 Maximum multi-family size cap NA Minimum off-street parking spaces Lodge 81 keys = 41 Residential 7 units = 7 Commercial 6,810 = 7 Public Amenity Space NA City Council Ordinance No. 39, Series 2016 Page 10 of 11 Exhibit C – Legal Description The legal descriptions are as follows: PARCEL 1: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 AND 14, BLOCK 10, EAMES ADDITION TO THE CITY OF ASPEN PARCEL 2: LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN PARCEL 3: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY 15, 1985 AS RECEPTION NO. 156038 IN BOOK 270 AT PAGE 21 OF THE PITKIN COUNTY RECORDS AND THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED JULY 13, 1971 AS RECEPTION NO. 146439 IN BOOK 256 AT PAGE 506; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 1 IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 10 EAMES ADDITION TO THE CITY OF ASPEN, WHENCE THE NORTHEAST CORNER OF LOT 7 OF SAID BLOCK 10 BEARS N.15°46'58"E. A DISTANCE OF 41.96 FEET; SAID POINT ALSO BEING THE SOUTHWEST CORNER OF CARIBOU CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED APRIL 24, 1973 IN PLAT BOOK 4 AT PAGE 379; THENCE S.70°03'10"E. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS A DISTANCE OF 1.01 FEET TO THE NORTHWEST CORNER OF MOUNTAIN QUEEN CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE OF SAID CARIBOU CONDOMINIUMS S.11°25'30"E. ALONG THE WESTERLY BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 110.77 FEET TO A POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 1; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID MOUNTAIN QUEEN CONDOMINIUMS S.89°55'06"W. ALONG SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 53.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLOCK 12 EAMES ADDITION TO THE CITY OF ASPEN; THENCE LEAVING SAID SOUTH LINE OF SAID GOVERNMENT LOT 1 N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 5.21 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SUMMIT STREET RIGHT OF WAY; THENCE CONTINUING N.15°46'58"E. ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 10 EAMES ADDITION; THENCE CONTINUING N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 10 EAMES ADDITION A DISTANCE OF 88.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2,973 SQUARE FEET OR 0.068 ACRES, MORE OR LESS. PARCEL 4: A PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE DOCUMENT RECORDED DECEMBER 19, 1946 AS RECEPTION NO. 094502 OF THE PITKIN COUNTY RECORDS; SAID PARCEL OF LAND ALSO BEING SITUATED IN GOVERNMENT LOT 31 IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS DESCRIBED BY THE DEPENDENT RESURVEY AND SURVEY PLAT OF TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, FILED MAY 30, 1980 IN THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT OFFICE IN DENVER, COLORADO ("BLM PLAT"); SAID PARCEL OF LAND IS LOCATED ENTIRELY WITHIN THE CITY LIMITS OF THE CITY OF ASPEN AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 27, 1974 IN PLAT BOOK 4 AT PAGE 489, WHENCE THE NORTHWEST CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS BEARS N.11°25'30"W. A DISTANCE OF 110.77 FEET; THENCE City Council Ordinance No. 39, Series 2016 Page 11 of 11 S.11°25'30"E. ALONG SAID WESTERLY BOUNDARY LINE OF MOUNTAIN QUEEN CONDOMINIUMS A DISTANCE OF 197.75 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE S.45°00'00"W. A DISTANCE OF 6.42 FEET TO THE SOUTHWEST CORNER OF SAID MOUNTAIN QUEEN CONDOMINIUMS; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.45°00'00"W. ALONG THE EAST LINE OF SAID GOVERNMENT LOT 31 A DISTANCE OF 281.39 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THE SOUTH ANNEXATION TO THE CITY OF ASPEN, COLO, ACCORDING TO THE MAP THEREOF RECORDED MARCH 24, 1967 IN PLAT BOOK 3 AT PAGE 132; THENCE LEAVING SAID EAST LINE OF SAID GOVERNMENT LOT 31 N.70°37'00"W. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTH ANNEXATION TO THE CITY OF ASPEN A DISTANCE OF 757.26 FEET TO A POINT ON THE WEST LINE OF SAID GOVERNMENT LOT 31; THENCE N.14°40'13"E. A DISTANCE OF 35.71 FEET TO THE SOUTHERLY MOST POINT OF GOVERNMENT LOT 38, ACCORDING TO SAID "BLM PLAT"; THENCE ALONG THE COMMON LINE BETWEEN SAID GOVERNMENT LOT 31 AND SAID GOVERNMENT LOT 38 THE FOLLOWING TWO (2) COURSES: 1) N.38°38'25"E. A DISTANCE OF 72.34 FEET 2) N.45°13'35"W. A DISTANCE OF 33.86 FEET; THENCE LEAVING THE EAST LINE OF SAID GOVERNMENT LOT 38, CONTINUING ALONG THE WEST LINE OF SAID GOVERNMENT LOT 31 N.14°42'57"E. A DISTANCE OF 30.93 FEET TO A POINT ON THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31; THENCE LEAVING SAID WEST LINE OF SAID GOVERNMENT LOT 31 N.89°55'06"E. ALONG THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31, A DISTANCE OF 598.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF BLOCK 12, EAMES ADDITION TO THE CITY OF ASPEN THENCE LEAVING SAID NORTH LINES S.14°50'49"W. ALONG THE WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 6.17 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 12 EAMES ADDITION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION S.75°09'11"E. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITIONS A DISTANCE OF 181.46 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 12 EAMES ADDITION; THENCE N.15°46'58"E. ALONG THE EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION A DISTANCE OF 54.79 FEET TO A POINT ON SAID NORTH LINE OF SAID SE1/4NE1/4 OF SECTION 13, SAID POINT ALSO BEING A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 31; THENCE LEAVING SAID EASTERLY BOUNDARY LINE OF SAID BLOCK 12 EAMES ADDITION N.89°55'06"E. ALONG THE NORTH LINE OF THE SE1/4NE1/4 OF SECTION 13, ALSO BEING THE NORTH LINE OF SAID GOVERNMENT LOT 31, A DISTANCE OF 53.70 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 240,375 SQUARE FEET OR 5.518 ACRES, MORE OR LESS.