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HomeMy WebLinkAboutresolution.apz.020-02 RESOLUTION NO. 20, SERIES OF 2002 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A GMQS EXEMPTIOI~ FOR LODGE PRESERVATION AND RECOMMENDING THAT CITY COUNCIL APPROVE THE MINOR PLANNED HOUSING FOR THE INNSBRUCK INN, LOCATED AT 233 WEST MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSiTE OP ASPEN, COLORADO. Parcel ID: 2735-124-54-001 WHEREAS, the Applicant. Innsbruck Holdings, LLC, represented by Haas Land Planning, LLC, submitted an application (hereinafter "the application") requesting approval of a Minor Planned Unit Development, and GMQS Exemptions for Lodge Preservation and Affordable Housing to expand the Innsbmck Inn, located at 233 W. Main St.. Lots A-E, Block 52. City and Townsite of Aspen, by four lodge rooms and an employee housing unit; and, WHEREAS, the Community Development Department determined that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application 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, WHEREAS, the Aspen Planning and Zoning Commission finds that 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 Commun/ty Plan; and. WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on June 18, 2002, at which time the Commission considered and found the application to meet the review standards, and approved a Growth Management Quota System {GMQS) Exemption for Lodge Preservation and recommended that City Council approve with conditions a Minor Planned Unit Development and a GMQS Exemption for the development of an Employee Housing Unit, by a vote of six to zero (6 to 0) for the Irmsbruck I~n, located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary, for the promotion of public health, safety, and welfare. p~ge: ~. of' 7 NOW, THEREFORE, BE IT RESOLVED: SeCtion 1 Pursuant to the procedures and standards set forth in Tit!e 26 Of ~he Aspen Municipal Code, the Aspen Planning and Zoning Commission hereby approves a GMQS ExemptiOn for Lodge Preservation and recommends that City Council approve a GMQS Exemption for Affordable Housing and a Minor Planned Unit Development for the Innsbruck Inn, a property located at 233 West Maig Street Lots A-E, Block 52, City and Townsite of Aspen, with the follOwing conditions: 1. A PUD Agreement shall be recorded 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 recgrd~d within ! 80 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and location of utility pedestals. 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. 3. Prior to applying for a building permit, the applicant shall record a PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder. 2[. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan. (units measured in feet or square feet): 4,5 feet for building/0 feet for existing swimming 13,5 feet for building/0 feet for railroad tie retainin~ wall No Requirement 21 feet 10 feet No Requirement Per Final PUD Plans .9:1 without basement/.95:l including basement addition 0,31 spaces per bedroom (12 spaces and 38 bedroom' 5. 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. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. e. A drainage plan. including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after 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. 6. The Applicant shall install an adequate fire alarm system throughout the structure as determined tO by the Fire Marshal. The Applicant shall also install a fire sprinkler system that meets the requirements of the Fire Marshal. 7. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Cgmmunity 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. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 8. The Applicant shall convey an undivided fractional interest (one tenth of 0.1%) in the ownership of the deed restricted employee housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. 9. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted employee housing unit. 10. Prior to building permit issuance, the Applicant shall record adeed restriction for the employee housing unit, and grant the undivided fractional interest in the ownership of the affordable housing uuits to the AsperffPitkin County Housing Authority. 11. The Applicant shall adequately mitigate for employee generation by providing deed restricted employee housing for at least .59 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority. 12. The employee housing unit shall be deed restricted at the Category 2 rental rate, but since the unit is included in the lodge itself, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of the addition to establish mutually acceptable lease terms for employees whose units are attached to the business. 13. The Applicant shall submit a PM-10 mitigation plan to the Environmental Health Department for approval prior to issuance of a building permit. The Page: 4 of 7 07/05/Z002 10:21~ SlLVIfl DAVI$ PITKIN COUNTY CO R 35.~0 D 0.0~ mitigation plan shall include sufficient measures to mitigate for 36 additional vehicular trips per day. 14. 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 Depanmem 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. 15. The Applicant shall pay the City of Aspen $8,200 in park development impact fees. These fees shall be due and payable at the time of issuance of a building permit for the developmem. 16. The Applicant shall provide priority to the occupant(s) of the employee housin~ unit, the use of one of the off-street parking spaces to the north of the building. In the event that occupant(s) does not use the space, it shall remmn available for the general use of the Innsbruck Inn lodge guests. 17. The Applicant shall obtain a revocable encroachment license to continue to allow the lodge to utilize the parking spaces on the alley as angled "head in" parking as they currently exist. 18. That the Applicant shall sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees prior to issuance of a Certificate of Occupancy. 19. That the Applicant shall pay the appropriate Street Impact Fees to the City of Aspen for excessive wear to the streets caused by construction traffic as determined by the Engineering Department. 20. That the Applicant shall be required to show plans for all improvements, snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. 21. 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. 22. That the Applicant shall install tree saving construction fences around the drip line of any trees to be saved. a: ' The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage °f C°nstruction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. 23. That the Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with 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. 24. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. If new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connectiOns (roof, foundation, perimeter drains) shall be allowed. All improvements below grade shall require the use of a pumping station. 25. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 26. 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 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.The city encourages that site workers be shuttled in from the airport parking area. 27. A bear-proof dumpster shall be located on-site meeting the standards of the City of Aspen Wildlife Ordinance. 28. One ground floor lodge room shall meet handicap accessibility requirements. 29. The Applicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to issuance of a Certificate of Occupancy for the added Page: 6 of 7 07/05/2002 tO:2[A SILVIA DAVIS PITKIN COUNTY CO R 35.00 O 0.00 lodge rooms. If determined to be necessary, the Applicant shall install an oil and grease interceptor in the breakfast room/kitchen. 30. The Applicant shall post a sign indicating that the westernmost parking space on the alley is for compact cars only. 31. The Applicant shall join any future improvement districts that are formed to complete future City approved improvements to the adjoining/ surrounding right-of-ways. Section 2: All mater/al representations and commitments made by the applicant pursuant to the development approvals as herein a~varded, whether in public hearing or documentation presented before the Aspen Planning and Zoning 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 an authorized entity. Section 3: This Resolution shall not effect 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 4: 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 COMMISSION at its regnlar meeting on the 18th day of June, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ~/ ~ ATTEST: ~kie Lothian, Deputy City Clerk pac~e: T of T 07/05/2002 lg:211~ T N ¢OU~'rY CO I~ 35.00 O 0.00