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HomeMy WebLinkAboutresolution.apz.009-02 RESOLUTION NO. 09 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO CITY COUNCIL OF T~I]E LITTLE RED SKI E[AUS MINOR PL~D UNIT DEVELOPMENT, REZONING TO INCLUDE A LODGE PRESERVATION OVERLAY, AND APPROVING A GMQS EXEMPTION FOR LODGE PRESERVATION FOR LOT O, AND THE WEST HALF OF LOT P, BLOCK 69, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-71-005 WHEREAS, the Community Development Department received an application from Little Red Ski Hans LLC, owners, represented by Carl Dan-, Gibson/Dan- Architecture and Consulting, requesting approval for a Growth Management Quota System (GMQS) Exemption for lodge preservation, a Minor Planned Unit Development (PUD), and Rezoning to Residential Multi-family, IUMF, with Planned Unit Development and Lodge Preservation Overlay for a property consisting of portions of Lots O and P, Block 69, City and Town Townsite of Aspen: and, WHEREAS, the subject property is approximately 4,500 square feet, and is located in the R/MF Zone District; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code, the CiE~ Council may approve amendments to the Official Zone District Map after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and tak'mg and considering public testimony at a duly noticed public hearing; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Minor Planned Unit Developmem, during a duly noticed public hearing after considering a recommendation fi'om the Planning 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 Community Development Director recommended approval of the proposed rezoning and Minor PUD application finding that the respective review standards have been met; and, WHEREAS, pursuant to Section 26.470.070(M), during a duly noticed public hearing, the Planning and Zoning Commission may approve a GMQS Exemption for lodge preservation after considering a recommendation from the Asper~itkin County Housing Authority and Community Development Director; and, WHEREAS, the Aspen/Pitkin County Housing Authority and Community Development Director recommended approval finding that the affordable housing mitigation requirements were met; and, WHEREAS, during a duly noticed public hearing on March 5, 2002, the Planning and Zoning Commission approved a resolution, by a five to one (5-1) vote, approving a GMQS Exemption for lodge preservation, and recommending City Council approve the Little Red Ski Hans Minor PUD and Rezoning to Residential Multi- family/PUD/LP; and, WltEREAS, the Aspen Planning and Zoffmg Commission 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 heating; and, WItEREAS, the Aspen Planning and Zoning Commission finds thai 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, WI-IEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 The GMQS Exemption for lodge preservation is approved with no affordable housing mitigation being required and an allocation of zero LP allotments due to the reduction in lodging moms resulting in no net increase in employee generation. Section 2 That the Planning and Zoning Commission recommends that City Council approve with the following conditions, the proposed rezoning of the subject property to Residential Multi- family/PUD/LP, and the proposed Minor PUD: 1. A PUD Agreement and Final PUD Plans shall be recorded in the offices of the Pitkin County Recorder within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: Page: 2 of' 7 04/25/2002 02: 161~ $ILVIA DAVIS PITKIN COUNTY CO R a. A final plat meeting the requirements of the City Engineer and showing f-~ easements, encroachment agreements and licenses with reception numbers for physical improvements. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment ~d debri~ on-site during and a~er 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. The foundation drainage system shall be separated from the site storm drainage system. The drainage system shall meet the City Engineering Department's drainage criteria. 3. The applicant shall obtain a revocable encroachment license for the existing fence that encroaches into the public right-of-way. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. 5. Prior to issuance ofabuilding 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 abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 8. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required prior to the submittal for building permits. 9. The Applicant shall agree that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans as part of the building permit application, and the management Page: 3 of 7 04/25/2002 02 $ILV;[KI DAVIS pITKIN COUNTY CO R 35.00 D 0.00 plan shall include a noise, dust control, and construction traffic management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and impact on local streets; and b. Construction parking mitigation, except for essential trade tracks, no other personal tracks are to parked in the area around the site. The city encourages that site workers be shuffled in from the airport parking area. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Tire 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. A bear-proof dumpster shall be located on-site meeting the standards of the City of Aspen Wildlife Ordinance. 12. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 13. The Applicant shall install a fire alarm and sprinkler system throughout the entire Little Red Ski Hans lodge as required by the City of Aspen Fire Marshal. 14. The applicant shall landscape over the existing gravel area in the public right-of-way to the southwest of the Little Red Ski Hans and a "no parking" sign shall be erected in the public right-of-way where the gravel area currently exists, southwest of the Little Red Ski Haus. 15. The applicant shall obtain a revocable encroachment license for the existing sign. If the applicant would like to replace the existing sign, then the new sign shall be placed within the boundaries of the property and shall require a sign permit. 16. The'dining facilities may only be advertised in conjunction with renting lodge rooms or facilities within the Little Red Ski Haus. The dining facilities shall not be .independently advertised as a commercial restaurant. 17. The applicant shall obtain a Colorado Retail Food Establishment License prior serving guests food that has been prepared on-site. This will require kitchen plans and specifications to be submitted to the City of Aspen Environmental Health Department prior to commencement of food service. a. The applicant shall install an oil and grease interceptor as required by the Aspen Consolidated Sanitation District. 18. The applicant shall obtain a liqUor license prior to serving alcoholic beverages to guests of the lodge. 19. The applicant shall adhere to the State of Colorado's Swimming Pool and Mineral Bath Regulations for the proposed Hot Tub. 20. The applicant shall adhere to all conditions set forth in Resolution No. , Series of 2002 approved by the Aspen Historic Preservation Commission approving a Conceptual Review request for the Little Red Ski Hans expansion. 21: The applicant shall submit a tree protection plan to the Parks Department for review prior to the application for building permits. An inspection of all tree protection shall take place BEFORE any construction activities begin. 22. A construction fence shall be installed at the drip line of the CottOnwood to be saved to the south of the structure. a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. c. The applicant shall hand excavate the existing walkway being removed to protect the root system of the protected Cottonwood Tree. 23. The PUD development plans shall establish the dimensional requirements for the Little Red Ski Hans as the following: Minimum Lot Size (square feet) 4,500 Minimum Lot Area per Dwelling Unit N/A Maximum Allowable Density 14 Lodge Units Minimum Lot Width 45 feet Minimum Front Yard Setback 10 feet Minimum West Side Yard Setback .5 feet Minimum East Side Yard Setback .5 feet Minimum Rear Yard Setback .25 feet Maximum Height 25 feet Minimum Distance b/w Buildings N/A Minimum Percent of Open Space Not Regulated Allowable Floor Area (FAR) 1.35:1 (6,035 sq. fi.) Minimum Off Street Parkin$ 3 on-site spaces Section 4: 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 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 Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceed'rog now pending under or by virtue of the ordinances repealed or amended as her~in 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 Resolution is for any reason held invalid or unconstitutional in a corot 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 Commission at its regular meeting on March 5, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jas=/nea'yg e, Chair (_J ATTEST: clde Lothian,-D~puty City Clerk 466646 Page: 6 o¢ 7 04/26/2002 02: 161: 00 D O. OO ,~ MEMORANDUM TO' City of Aspen Historic Preservation Commission THRU: City of Aspen Planning and Zoning Commission Joyce Ohlson, Deputy Director FROM: James Lindt, Planner RE: Little Red Ski Haus Design Referral DATE: March 6, 2002 The Planning and Zoning Commission reviewed the proposed Little Red Ski Haus Lodge Preservation PUD and expansion request at a public hearing on March 5, 20021 Several members of the Planning and Zoning Commission and the public expressed concerns with the design and the size of the proposed alley addition as it related to neighboring properties. The Planning and Zoning Commission has asked that the HPC specifically review and address in their final significant design review the following concern: )~ The massing, bulk, and roof design of the proposed alley addition as it relates to the neighbor's (across the alley) view planes. The Planning and Zoning Commission approved the additional square footage (as requested by the Applicant) for the express purpose of allowing the HPC the maximum design ~ flexibility in their review. The Planning and ZOning Commission would not be ._ · adverse to a redUction in the additiOnal square footage if the bulk-and-masS concern on the alley side could be alleviated with less square footage. However, the Planning and Zoning Commission does not favor a reduction of the proposed on-site parking for the purpose of alleviating the bulk-and- mass concern; and, The Planning and Zoning Commission approved the proposed PUD and expansion, but have requested that the aforementioned issues get careful consideration by HPC. The Applicant was put on notice at the Planning and Zoning Commission Hearing that the design concerns were HPC's purview, and that the Planning and Zoning Commission felt that it was inappropriate for P & Z to make any attempts at a redesign of the alley faCade.