HomeMy WebLinkAboutresolution.council.033-03 RESOLUTION NO. 33,
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONCEPTUAL PLANNED UNIT DEVELOPMENT, CONCEPTUAL
TIMESHARE, AND A CONCEPTUAL SPECIAL PLANNED AREA
AMENDMENT FOR THE RESIDENCES AT LITTLE NELL ON PARCELS
LEGALLY DESCRIBED AS THE TIPPLE INN CONDOMINIUMS, TIPPLER
TOWNltOMES SUBDIVISION, THE TIPPLE LODGE CONDOMINIUMS, AND A
PORTION OF LOT 2, SUBDIVISION EXEMPTION PLAT OF THE LITTLE
NELL SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID# (Tipple Lodge Parcel): 2737-182-36945
Parcel ID# (Tipple Inn Parcel): 273 7-182-36291
Parcel ID# (Ski Company Parcel): 2737-182-36877
WHEREAS, the Community Development Department received an application
bom the Aspen Land Fund. LLC (Applicant), represented by Sunny Vann of Vann
Associates, requesting the Planning and Zoning Commission recommend approval of a
Conceptual Planned Unit Development, Conceptual Timeshare, and Conceptual Special
Planned Area Amendment for the Residences at Little Nell; and,
WHEREAS, the application submitted for the Residences at Little Nell proposed
(on plans dated October 25. 2002) a 109,500 square foot, multi-story structure consisting
of 30 fimeshare units, 1 condominium unit, 4 affordable housing units, approximately
10.000 square feet of commercial and ancillary space, a 72 space sub-grade parking
garage, and a request to establish the non-conforming dimensional standards of the two
adjacent single-family residences as conforming; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineer/ng, Building
Department, Fire, Streets. Housing, Environmental Health. Parks and Water Departments
as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposed Conceptual PUD, Conceptual Timeshare, and
Conceptual Special Planned Area Amendment and recommended approval with
conditions; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD
approval may be granted by the City Council a~ a duly noticed public heating after
considering recommendations by the Planning and Zoning Commission, the Community
Development Director. and relevant referral agencies; and,
WHEREAS, pursuant ro Section 26.590 of the Land Use Code, Conceptual
Timeshare approval may be granted by the City Council at a duly noticed public heating
after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WltEREAS, pursuant to Section 26.440 of the Land Use Code, Conceptual
Special Planned Area Amendment approval may be granted by the City Council at a duly.
noticed public hearing after considering recommendations by the Planning and Zoning
Commission, the Community Development Director, and relevant referral agencies; and,
WltEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
unanimous recommendation of approval to City Council to approve the proposed
affordable housing mitigation and replacement units for the Residences at Little Nell;
and,
VqItEREAS, Conceptual PUD, Conceptual Timeshare, and Conceptual Special
Planned Area Amendment review by the Planning and Zoning Commission requires a
public hearing and this application was reviewed at a public heating where the
recommendations of the Community Development Director and comments from the
public were heard; and,
WltEREAS, during a regular meeting on December 3, 2002, the Planning and
Zoning Commission opened a duly noticed public hearing fo consider the project and
continued the public hearing to January 7, 2003; then continued it to January 21, 2003;
and finally to February 4, 2003. At the February 4, 2003 public hearing, the Planning and
Zoning Commission recommended City Council approve the Conceptual Planned Unit
Development, Conceptual Timeshare, and Conceptual Special Planned Area Amendment
by a four to zero (4-0) vote, with the findings and conditions listed in the approved
Resolution No. 4, Series of 2003; and,
WHEREAS, the Planning and Zoning Commission foUnd that the development
review standards for a Conceptual PUD, Conceptual Timeshare, and Conceptual Special
Planned Area Amendment plan have been met, as long as conditions listed in Resolution
No. 4, Series of 2003 are implemented; and,
WHEREAS, the applicant amended the application after conceptual approval by
the Planning and Zoning Commission tO propose (on plans dated February 28, 2003); a
98,200 square foot, multi-story structure consisting of 24 timeshare units, 8 lodge units, 1
condominium unit, 8 affordable housing units, 9,740 square feet of commercial and
ancillary space and a 60 space sub-grade parking garage; and,
WHEREAS, the applicant again amended the application after initial conceptual
review by the City Council (as shown on plans dated June 30, 2003) revising the
architecture and building mass, increasing the number of parking spaces in the parking
garage from 60 to 66 spaces, eliminating the one condominium unit, and changing the
affordable housing and rezone proposal; and,
WltEREAS, staff feels that the revised plan more fully addresses the conditions
recommended by the Planning and Zoning Commission and the initial concerns of the
City Council; and,
WHEREAS~ the City of 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 AsperffPitkin
County Housing Authority, the Community Development Director, the Planning and
Zoning Commission, and the applicable referral agencies and has taken and considered
public comment at a public heating; and,
WHEREAS, the City of Aspen City Council finds that the application for a
Conceptual Planned Unit Development, Conceptual Timeshare, and Conceptual Specially
Planned Area Amendment meets or exceeds all applicable standards and is consistent
with the goals and elements of the Aspen Area Community Plan: and,
WItEREAS, on July 28, 2003, the City.of Aspen City Council, by a vote of four to
zero (~ - 0), approved a Conceptual Planned Unit Development, Conceptual Timeshare,
and Conceptual Specially Planned Area Amendment for the Residences at Little Nell;
and
WltEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
WHEREAS, Conceptual PUD, Conceptual Timeshare, and Conceptual Special
Planned Area Amendment approval shall only grant the ability for the applicant to submit
a Final PUD, Timeshare, and Special Planned Area Amendmem Application and the
proposed development is further subject to Rezoning, Subdivision, Growth Management
Quota System Exemption, Special Review, Condominiumization, and 8040 Greenline
approval, pursuant to the Municipal Code; and,
NOW, THEREFORE BE IT RESOLVED that the City Council approves the
Conceptual Planned Unit Development, Conceptual Timeshare, and Conceptual Specially
Planned Area Amendment for the Residences at Little Nell, subject to the conditions
listed in Section 1 below.
Section 1:
The approval is subject to the following conditions:
1. The Final PUD apphcation shall significantly reflect and demonstrate compliance
with this Resolution and the plans dated June 30. 2003. which proposed an
approximately 98.200 square foot lodge facility with 24 timeshare lodge units, 8
hotel rooms, 8 affordable housing units, approximately 9,700 square feet of
commercial and ancillary space, a 66 space, sub-grade parking garage, and
associated off-site improvements including, but not limited to the leveling out of the
grade and enhancement of Dean Avenue for the portion of Dean Avenue that fronts
the applicant's property.
2. The Final PUD application shall include:
a. An application for Final PUD, Subdivision, Rezoning, Special Review for
parking, Growth Management Quota System Exemption, Specially Plam~ed
Area Amendment, 8040 Greenline Review, Subdivision, Timeshare,
Condominiumization. A pre-application conference with a member of the
Community Development Deparunent is required prior to submitting an
application:
b. Delineation of all dimensional provisions to become requirements of the PUD.
c. A proposed subdivision plat and PUD plans.
r~x d. A construction management plan describing timing of construction
components, areas of disturbance, contractor parking, and a physical plan for
maintaining adequate access, including emergency access, to land uses
remaining active during construction.
e. A detailed phasing plan that describes overall timing of specific project
phases, including the off-site improvements to Dean Avenue and the moving
of the Little Nell chairlift, and describing construction impacts on the
neighboring properties.
3. Based on comments from the DRC meeting on November 13, 2002, the applicant
shall:
a. Consult with the City Engineer in order to comply with all required permits and
standards.
b. Consult with the Aspen Consolidated Sanitation District in order to comply with
all required permits and standards.
4. Parking Agreemem: The applicant shall demonstrate the adequacy of the proposed
parking at time of Final PUD. If the applicant is unable to demonstrate this, then
they shall enter into a parking agreement with the owners of the Little Nell Hotel
whereby the guests of the Residences at Little Nell may utilize a portion of the
parking spaces at the Little Nell Hotel during times when the parking demand
exceeds the supply in the parking garage of the Residences at Little Nell. The
,~, parking plan. if necessary, shall be submitted and approved with the Final PUD
application for the Residences at Little Nell.
5. Apres-Ski Activities: The proposed restaurant, bar, and outdoor seating areas shall
offer "apres ski" activities during the times of the year that the Aspen Mountain Ski
Area is open for skiing and for a reasonable amount of time after the ski area closes
for daily operations. Apres-ski activities shall mean, at a minimum, that the bar and
restaurant be open for sale of food and beverages to the general public. In addition,
the restaurant, bar, and outdoor seating areas shall also be open for public use during
the summer season.
6. Retail Uses: The proposed retail uses on the ground floor along Dean Avenue shall
remain as retail or restaurant uses and shall not be converted into office space of any
kind.
7. Roof Top Decks: The applicant shall submit a plan with the Final PUD application
describing the proposed uses and restrictions for the rooftop deck. The privacy and
the right to peace and quiet of the immediate neighbors shall be a consideration in
formulating the plan.
8. Resident Multi-Family Replacement Program (RMFRP): The applicant shall
provide at least eight (8) bedrooms at a minimum of 400 square feet each on-site as
part of its RMFRP requirement. The remaining obligation of four bedrooms and a
to-be-determined amount of square feet of replaceauent housing may be met off-site.
Employees of the Residences at Little Nell shall have the first right of refusal to rent
the on-site units whenever they become available.
W'~,, 9. Grading Plan: The applicant shall submit a final grading plan (including drainage
and erosion control) as part of the Final PUD plan application and shall make the
plan available to the North of Nell Condominium Association and other interested
parties.
10. Porte Cochere Traffic Flow: The traffic flow into the porte cochere from Galena
Street shall remain in a clockwise rotation to mitigate vehicle headlights shining into
the North of Nell Condominium units.
11. Shipping and Receiving: Tracking, shipping and/or receiving, service, inspection, or
commercial vehicles serving the Residences at Little Nell and/or associated
commemial facilities shall not utilize Ute Avenue for such purposes. All shipping
and receiving, service vendors, inspection, and other commercial vehicles to and
from the Residences at Little Nell and its associated commercial facilities shall be
only via its parking garage and/or loading dock off of Galena Street.
12. Geo-teclmical Report: With the Final PUD application, the applicant shall submit a
Soil Suitability and Slope Stabihty Analysis by a licensed engineer with a specialty
in geo-technical sciences. At a minimum, such report shall determine the feasibility
of excavating the hillside and identification of any necessary mitigation during
construction of the lodge to protect adjoining properties from damage. In addition,
the report shall include a baseline for slope stability prior to any excavation.
establish a monitoring program to be implemented throughout the construction and
for two years after completion of construction using accepted engineering standards
~ approved by the City of Aspen. including, without limitation, review of all soils,
engineering designs, de-watering plans, and other apphcable standards.
13. Affordable Housing Mitigation Pro~ram: The Planning and Zoning Commission
supports the location of the required affordable housing mitigation outside of the
City of Aspen boundary, bul within the Aspen Community Growth Boundary.
While the City Council encourages the applicant to continue to investigate locating
more of the affordable housing within City boundaries, they support the applicant's
proposed "framework" for meeting the affordable housing requirements. The
"framework" shall be defined as providing at least 59% of the required affordable
housing mitigation requirement within the City boundaries, in the form of buy-
downs of Resident Occupied (R.O.) and/or free market units, and/or new
construction, and no more than 41% of the mitigation requirement may occur
outside of the City boundaries in the Aspen Community Growth Boundary. In
addition, 50% of the units shall be deed restricted to Category 2 restrictions and 50%
of the units shall be deed restricted to meet the Category 3 restrictions. The
applicant shall submit a plan with the Final PUD plans detailing specifically how
they propose to comply with the approved framework, including the location and
s~ze of the deed restricted units. Pitkin County approval of any affordable housing
project outside of the city boundary shall be secured prior to final approval of the
Final PUD for Residences at Little Nell.
14. Rezoning: The City Council and Planning and Zoning Commission support the
concept of a rezone of Parcels A, B, and C (using the Improvement Location Survey
in attached Exhibit A as a reference) from their existing zone district, L/TR
(Lodge/Tourist Residential) to CL t Commercial Lodge) / PUD and a rezone of
the north half of Parcel H from C (Conservation} to CL/PUD.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an
ab atement 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 3:
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 Aspen City Council at its regular meeting on July 28.2003.
Kathryn Kocf~,Cit'f'Cler k
APPROVED AS TO FORM:
[Worce~t~, City Attorney