HomeMy WebLinkAboutordinance.council.069-89 ORDINANCE NO. ~
(Series of 1989)
AN ORDINANCE GRANTING SUBDIVISION AND PLANNED UNIT DEVELOPMENT
APPROVAL AND CONFIRMING GROWTH MANAGEMENT QUOTA ALLOTMENTS FOR
THE AMENDED APPLICATION FOR THE ASPEN MOUNTAIN SUBDIVISION
PLANNED UNIT DEVELOPMENT
WHEREAS, the Aspen Mountain Subdivision/PUD was approved by
the City Council on May 20, 1985; and
WHEREAS, pursuant to and in accordance with the Aspen
Mountain Subdivision/PUD approval, a PUD agreement and final
PUD/Subdivision plat was recorded in the office of the Pitkin
County Clerk and Recorder on December 2, 1985; and
WHEREAS, an application for amendments to the Aspen Mountain
Subdivision/PUD and its growth management allotments was submit-
ted to the City on January 29, 1988, and later supplemented on
June 3, 1988; and
WHEREAS, on March 8, 1988, the Aspen Planning and Zoning
Commission initiated the public hearing process with respect to
the proposed amendments, which hearing was continued at meetings
on March 15, 22 and 29, April 5, June 28, July 12 and July 26,
1988; and
WHEREAS, at the conclusion of the hearing process, the
Planning and Zoning Commission adopted Resolution 88-8
recommending to the City Council approval of the aforesaid
amendments, a copy of which is appended hereto and made a part
hereof; and
WHEREAS, the City Council continued the hearing process
initiated by the Planning and Zoning Commission with respect to
the proposed amendments, which hearing was continued at meetings
on August 1, 9, 16, 24, and September 6, 1988; and
WHEREAS, at the conclusion of the hearing process, the
Applicant submitted a "First Amended and Restated Planned Unit
Development/Subdivision Agreement Aspen Mountain Subdivision"
incorporating conditions imposed by the Planning and Zoning
Commission and amended by City Council; and
WHEREAS, by Resolution 29, 1988 adopted September 12, 1988,
the Aspen City Council attempted to grant the approval requested;
and
WHEREAS, the District Court of Pitkin County, by Order dated
October 27, 1989 in Fred Smith, et al. v. Hadid Aspen Holdings,
et al., 88 CV 321, declared Resolution 29, 1988 null, void and of
no effect, inasmuch as the ordinance procedures of Section 4.10
of the Aspen Home Rule Charter were not followed prior to
adoption; and
WHEREAS, in compliance with the Court's Order of that date,
the matter has been brought forward for consideration pursuant to
the provisions of Section 4.10.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
City Council does hereby grant the following approvals with
regard to the Aspen Mountain Subdivision/PUD project, subject,
however, to the conditions set forth below:
08/SD! -2-
(a) Confirmation of the 172-unit growth management quota
system allotment previously granted to the Aspen Mountain Lodge
project;
(b) Amendment of the Aspen Mountain Subdivision/PUD plat
approved by the Planning and Zoning Commission, and approval of
the "First Amended and Restated Planned Unit Develop-
ment/Subdivision Agreement Aspen Mountain Subdivision, a copy of
which is appended hereto; and
(c) A growth management quota system exemption to convert
four units at what is now known as the "Grand Aspen Hotel" to
employee housing.
Said approvals are expressly subject to the conditions
recommended by the Planning and Zoning Commission which, to the
extent not amended by this approval, are hereby adopted and
incorporated by the City Council.
Section 2
The Mayor is hereby authorized to sign the Subdivision/PUD
Plat and Agreement and such other documents as may be necessary
to effectuate this approval.
Section 3
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.
08/SD1 -3-
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be held on the 18th
day of December, 1989, at 5:00 p.m. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the day of
William L. Stirring, Mayor
ATTEST:
Kathryn ' .~KoCh, City Clerk
FINALLY adopted, passed and approved at a special municipal
election held February 13, 1990.
~ch, ~rk
08/SD1 -4-
RESOLUTION OF THE ASPEN PLANNING AND ZONING COF2<ISSION
RECO~NDING THAT THE ASPEN CITY COUNCIL APPROVE AF~2NDF~:TS
TO THE ASPEN MOUNTAIN PUD
Resolution No. 88-8
WHEREAS, on I.[ay 20, !985, the Aspen City Council approved
the Aspen Mountain Subdivision/PUD; and
WHEREAS, on December 2, 1985, the PUD Agreement and Final
PUD/Subdivision Plat for the projecu were recorded in the office
of the Pitkin County Clerk and Recorder; and
WHEREAS, in January, 1988, Savannah Limited Partnership
(hereinafter "Applicant") submitted to the City of Aspen GMP and
PUD Amendments to the Aspen Mountain Subdivision/PUD; and
WHEREAS, on I,:arch 8, 1988, the Aspen Planning and Zoning
Commission (hereinafter "Commission") initiated a public hearing
process with respect to the Applicant's requests, which was
continued %;ith meetings on March 15, 22 and 29, April 5, June 28,
July !2 and July 26; and
WHEREAS, during the course of these meetings, significant
changes have been made to the Applicant's proposal due to
requests made ky the Com~.ission, the Planning Office and the
public; and
WHEREAS, as a result cf these changes, the Commission
concludes that the Aspen city Council should approve the
Applicant's request, subject to certain con_=._ons listed here~n.
NOW, THEREFORE, BE IT RESOLVED by the ~ommissicn that it
does hereby recommend the fc!!o%;ing actions uo the Aspen CitS-
Council:
Resolution No. 88-__
Page 2
1) Confi~ ~
_marion of the 172 lodge unit GMQS allotment previously
granted to the Aspen Mountain Lodge.
2)Amendment of the Planned Unit Development.
3)Subdivision of Lot 5 to create a new Lot 6.
4)Rezoning o~ Lot 6 from CL and L/TR to Park
5) GMQS E>:emption to convert 4 units at the Grand Aspen Hotel
to employee housing.
BE IT FURTHER RESOLVED by the Commission that its
recommendation shall be subject to the following conditions:
1) There shall be no more than 155 lodge rooms and 4 employee
units in operation at the Grand Aspen at the time a
~c_ the Ritz-
foundation permit application is obtained = '-
Carlton Hotel.
2) The applicant shall deed-restrict 4 units at the Grand
Aspen Hotel for rental to and occupancy by a minimum of 3.5
moderate income employees. The applicant shall be
permitted to replace these units with other units off the
PUD site which the Housing Authority finds are equal to or
better than the on-site units in terms of size and quality
and which shall also be restricted to moderate income rental
and occupancy by a minimum of 3.5 employees.
3) In order to maintain the'employee generation represented by
the applicant, there shall be no more than 204 dining seats
= d_n,n~
and 4,500 sq. ~t. of net (defined as 80% cf gross) ; ~ ~
area, e>:clusive of lounge area and e>:clusive of seasonal!
outdoor dining, within the Ritz-Carlton hotel. ~
4) There shall be an audit oerformed cf the hotel after its
second = '~
=ui_ year of operation to dete_~r, ine the actual number
cf full time equivalent employees working in the hotel. %n
the event the audit deterr, ines that the hotel has a higher
· e~.iva!ent employee count than was calculated
herein, the applicant shall provide ad~itiona! employee
ho___n~ for s_>.~] percent of those oersons based on the
ra~ios represented herein. :~ans for the ..... ~-:~ housing
shall be required to receive final approval from the City
,..~ .... n %%-;elve ~cnths of the aud~'~ and the rec~ired housin~
~ -~=~-'~ f Occupancy within :wentv-=. ~ou_~-
shall receive a ~e ...... =._ o
months cf t~= audi%, if the audit determines that the hoze!
has a lower full time equivalent employee count than was
calculated herein, the applicant shall receive a credit for
~hcse ad~itlona! persons housed according to the ratios
Resolution No. 88-
Page 3
represented herein. For the purposes cf this requirement,
the audit shall be performed and full time equivalent
employees shall be defined according to the Housing
Authority cuide!ines~ in effect at the time cf ~'~,.lS approval.
The cost cf the audit shall be paid for by the applicant,
but the choice of auditor shall be mutually agreed to by the
applicant and the Housing Authority.
5) The applicable ratios for provision of employee housing
shall be as follows:
a. The unit mix shall consist of at least 56% low income
and no more than 44% moderate income units.
b. Calculation of employee generation shall be as shown in
the attached exhibit A.
6) There shall be a minimum of 220 parking spaces provided in-
the parking structure, of which 18% may be compact spaces,
%;ith minimum dimensions of 7 1/2' x 16' There shall also
be 10 spaces provided for surface loading within Lot 1, of
which 2 shall be for truck loading ~ithin the seN, ice area.
The following spaces shall also be provided on Lot 5 during
~!~ Phase I:
- surface lot west of Grand Aspen: 55 spaces
surface lot east of Grand Aspen: 18 spaces
parallel parking on Dean Street: 13 spaces
angle parking on Dean Street: 9 spaces
guest and service loading: · 6 spaces
subgrade in Grand Aspen garage: 28 spaces
total number of parking spaces: 129 spaces
7) The applicant's commitment in the PUD Agreement to
participation in the Lodge Improvement District shall be
revised to indl~='~=~_ a commitment to _mrovide immrcvemen~s, on
all project frontages %;hich correspond to those planned for
the SouUh Galena/South Mill Improvement District. The
applicant shall also commit to constructing those
improvements adjacent to the hotel which were originally
intended for construction by the district contractor, using
funds ~hich %;iI! be transferred from the district to the
applicant.
8) The stormwater detention ~a~_~!ity in Mill Street shall be
· designed tc avc_~ utility conflicts and .provide ade=uate_
separation from the water main to prevent freezing, to Uhe
satisfaction cf ~he
C~y Engineer.
?) The applicant's drainage commitments in the PUD agreement
Resolution No. 88-
Page 4
shall be revised to indicate a commitment to fund the
comprehensive Aspen ~ountain Dra'inage Plan and to implement
the plan's recommendations or provide drainage easements to
a ma>:imum level of e>~pense of $250,000, which is comparable
to providing on-site facilities at Top of I.:i!l.
10) The applicant shall relocate one proposed fire hydrant to
the SW corner of the intersection of Durant and ~[ill, to the
satisfaction of the City Water Department and City Engineer.
1i) The applicant shall modify the design of the tov;¢r for the
bridge over Dean Street by moving its location 2' closer to
the hotel to provide better clearance for truck turning.
Clearance of 14' in height shall be provided under the
entire bridge span, and clearance of 14 1/2' shall be
provided across a 15' wide stretch of the bridge, which
shall be marked accordingly.
!2) The Norway Maple trees shown on the landscape plan shall be
apprc>[imately 15-20' tall at the time of their planting, and
shall be watered through an underground system to be
installed by the applicant.
13) The applicant shall be required to obtain a demolition
permit and complete demolition of the Grand Aspen Hotel
within three years of the date of issuance of a Certificate
of Occupancy for the Ritz-Carlton Hotel. Re-development of
this site shall proceed in general accord with the plans
presented for Lot 5, which have not been finalized as of the
time of this resolution. .If final approval of re-
development has not been granted by the deadline for
demolition of the Grand Aspen, the applicant shall be
permitted to request an extension of the deadline from the
City Council. If the date for demolition shall occur during
the traditicna! winter season, demolition need not begin
until the day after the ski
. l~_~s shall close during that
season.
14) The app!ican~ shall deve!cp Lot 6 in general accord with the
representations made regarding this site and obtain a
Certificate cf Occupancy for the ice rink and associated
facilities prior to or at the time that a Certificate of
Occupancy' for the Ritz-Carlton Hotel is obtained.
!5) The apF!icant shall be required to .obtain all necessary
a~orcvals f_~m the
__ C_~v for the ~ce rink and associated
fac~'~, including but not limited to G!fQS e>:emD~ion or
=_-o~a~_o.., ccnditiona! use approval for a restaurant an~
PUD approval to establish dimensional and parking
requirements. Ana!~sis of impacts and consideration of
m_~g=~_on measures for the development of Lot 6 has not
Resolution No. $8-__
Page 5
occurred in conjunction with the review of Lot 1.
16) The fol!c%:ing limits shall be placed on the construction
schedule in addition to those proposed by the applicant or
required by the City Engineer:
a. A "tennis" fence material shall be used to screen all
staging areas on the site.
b. All construction (except painting or similar "quiet"
activities) shall be prohibited on the site between the
hours of 10:00 P.M. and 7:00 A.M.
c. The applicant shall demonstrate to the City Engineering
Department that permission has been obtained from
adjacent owners whenever the booms on the tower cranes
swing over their properties.
d. The applicant shall provide the City Engineer %;ith an
updated construction schedule prior to obtaining any
additional building permits for the project.
17) The applicant shall commit to meeting the Health Department
requirements identified by Tom Dunlop in his memo regarding
the project dated February lS, 1988.
lS) The accessory retail uses permitted within the hotel shall
be limited to the following and similar uses: sundry shop;
car rental desk; travel desk; ski rental and repair store,
ski and sports activity center; Ritz-Carlton souvenir store;
beauty shop; florist shop; ~nd gift shop. The four
accessory retail spaces depicted in the building on Durant
Street shall not be combined to create larger retail spaces.
19) The recorded Subdivision and PUD plan set shall be amended
to include the'following new drawings, which shall be
reviewed by the P!annin~ Director an~ City Engineer, prior
to recordation, to determine their consistency %;ith this
approval:
=-. A new _=~=~_~ .~!at in~cating ..... =~>', rather than five lots
and designating ail PUD variations granted to the
project;
b. Revised building locations for the project;
c. Revised final site plan, utility plan and landscape
plan;
~ ~ ~i!! Durant and Dean
d. Elevations for the kcna. ch, ,
Stree~ facades and three elevations for ~he internal
courtyard; an~
Resolution No. 88-
Page 6
e. Flocr plans for each level of the hotel, v;k'ich shall
also indicate countable and e>~c!udable floor area
each level.
An amended subdivision/PUD agreement shall also be submit%ed
to the Planning Director for review and approval by City
Council prior to final action on the PUD amendment.
20) The applicant and the city shall commit to abide by all
written and verbal representations made throughout the
review process, including those in written submissions,
verbal presentations an~ those associated with City Council
Resolution 11 of 1988.
BE IT FINALLY IAESOLVED by the Commission that it does hereby
recommend that the City Council grant an extension to the project
to the e>:tent necessary to permit the completion of the
processing of these amendments, including but not limited to the
recordation of a plat and agreement and obtaining a foundation
permit.
APPROVED by the Commission at a Special Meeting on July 26,
!988.
ASPEN PLANNING AND ZONING
COM!~ISSION
C. We!~on Anderson,
Chairman
ATTEST:
J~M-:Ca~ne~, Deputy Cit~ Clerk
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