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HomeMy WebLinkAboutresolution.apz.051-01 RESOLUTION NO. 51 (SERIES OF 2001 ) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A GMQS EXEMPTION FOR 8 LODGE PRESERVATION ALLOTMENTS AND 2 AFFORDABLE HOUSING UNITS AND RECOMMENDING APPROVAL TO CITY COUNCIL FOR MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTMAS INN, LOCATED AT 232 WEST MAIN STREET, LOTS K, L, M, AND WESTERLY HALF OF LOT N, BLOCK 51, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID: 2735-124-40-007 WHEREAS, the Community Developmenl Departmem received an application from Seven Seas Investments, LLC (Applicant), represented by Stan Clauson, requesting land use approvals for a GMQS Exemption for 8 Lodge Preservation allotments and 2 affordable housing units and minor planned unit development for the Christmas Inn; and WHEREAS, the property is currently located in the Office Zone District with Lodge Preservation and Main Street Historic District Overlays; and WHEREAS, the Community Development Department received referral comments from the Aspen Pitkin County Housing Authority, Aspen Consolidated Waste District, City Engineenng, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Deparrmems as a result of the Developmen~r Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Developmem Department recommended approval to the Planning and Zoning Commission for the proposed land use requests for the Christmas Inn including GMQS Exemptions for 8 Lodge Preservation allotments and 2 affordable housing units and minor planned unit development; and WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Historic Preservation Commission on October 24th., 2001, at which time the Aspen Historic Preservation Commission considered and found the application to meet the review standards, and approved the Minor and Conceptual Review for the Christmas Inn, with conditions, by a vote of six to one (6 - 1); and WHEREAS, the City of Aspen / Pitkin County Housing Authority, at a regularly held public hearing on September 19, 2001, forwarded a recommendation of approval to the Planning and Zoning Commission to approve the proposed 3 affordable housing units for the employees of the Christmas Inn; and ] VOtEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified heroin, has reviewed and considered the recommendation of the City of Aspen / Pitkin County Housing Authority, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, R 25 O0 WltEREAS, the Planning and Zoning Commission approved the GMQS Exemption request for 8 Lodge Preservation 2 affordable housing allotments and forwarded a recommendation of approval, by a vote of five to two (5 - 2), to City Council to approve a minor planned unit development for the Christmas Inn; and. WHEREAS, the City of Aspen Planning and Zoning Comanission fmds that the development proposal meets or exceeds ali 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, WHEREAS, the City of Aspen Planning and Zoning Corranission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare NOW, THEREFORE, BE IT RESOLVED BY THE PLANi~TI~G AND Zo~qrlNC, COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS 18Tn DAY OF DECEMBER 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a GMQS Exemption for 8 (eight) Lodge Preservation allotmems and 2 (three/ affordable housing units and a minor planned unit developmem is approved with the following conditions: 1 The Applicant shall provide a pricing structure for the cwo on-site affordable housing units that meet the maximum monthly rental rates capped at the rate relating to the square footage of the units. 2. The Applicant shall deed restrict the units in perpetuity to the APCHA. 3. The Applicant shall file a deed restriction prior to building pernnt approval and shall state the following three conditions: a. The deed restrictions on the affordable housing units shall be ~n perpetuity to the rental price terms as defined in the Asper~Pitkin County Affordable Housing Guidelines at the time of building permit approval. b.The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. c.Since these units are located on-site of the lodge, the income and asset requirements will be waived for any employees of the lodge owner. 4. The Applicant shall provide a 0.01% interest in the ownership of the property to the AsperffPitkin County Housing Authority prior to Certificate of Occupancy with the language and the document approved by the Housing Authority's legal counsel. 5. That the Applicant shall adequately mitigate for employee generation by providing on-site deed restricted employee housing for at least 1.96 FTEs as per the recommendation from the Aspen / Pitkin County Housing Authority as calculated in the Memorandum prepared by the Housing Office, dated September 24, 2001. 6. The Applicant 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 windbk>wn dust from crossing the property line or causing a nuisance. This shall be required prior to the submittal for building permits. 7. That the Applicant shall complete (prior to any of the remodel work, including removal of dry,vail, 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. 8. The Applicant shall design and install the Main Street section of the public ~'~'~ ~ sidewalk to be converted from the existing curb cut in ac¢ordance with the City of Aspen Design Standards, which are available in the City Engineering Department. 9. That the Applicant shall install a fire alarm sprinkler syste~n throughout the entire Christmas Inn lodge as required by the City of Aspen Fire Marshal. 10. That the Applicant shall agree that there will beno construction material stored on the public rights-of-way. 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, mad construction traffic management plan which addresses, at a minimum, the following issues: a. Signal traffic control devices; b. Press release - Radio - Local TV; c. Defining the construction debris hauling routes and impact on local streets; and d. Construction parking mitigation, except for essenti~d trade trucks, no other personal trucks are to parked in the area around the site. The city encourages that personal be shuttled in from the airport parking area. 11. The Applicant shall submit, as part of the building permit application, a full drainage and erosion plan to prevent mud getting tracked into the streets and demonstrating that roof drainage will not be discharged onto the sidewalks or into drain chases through the sidewalks. 12. The Applicant shall submit and record a "Final Plat," Fh~al PUD Development Plans, and a PUD Agreement indicating all current and proposed improvements and conditions of approval for the entire Christ'mas Inn property. 13. The Applicant shall adhere to all conditions set forth in Resolution No. 45 and 46, Series of 2001 approved by the Aspen Historic Preservation Commission approving a Minor and Conceptual Review request for Christmas Inn expansion. 14. The Applicant shall ensure that the new conference area and the hot tub are handicap accessible and one of the rooms is required to be fully assessable and have a heating-impaired alarm system as a requirement of the City Building Department. 15. The Applicant shall provide 1) a full size improvement survey where the Surveyor Certification needs to state the accuracy of the survey (1:10000), 2) a dust and noise mitigation plan, and 3) a traffic control plan for construction including construction vehicle parking and intended routs for heavy machinery to the City Engineering Department at the time of building permit application. 16. The Applicant shall not be allowed to exclusively use the existing parking along 2nd Street; it is to be made available to the general public. 17. At present, the Applicant has not acquired appropriate tree removal permits for extensive tree removals proposed in the project. Prior to the application for building permits, the Applicant shall adequately address tree removal through the appropriate permits as required by the City of Aspen Parks Department. 18. 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. Irrigation in the front parkway is desired in order to maintain the parkwa~¢ street tree system. t9. The PUD development plans shall establish the dimensional requirements for the Christmas Inn as the following: Minimum Lot Size (square feet) 6,000 Minimum Lot Area per Dwelling Unit N/A Maximum Allowable Density N/A Minimum Lot Width 60 feet Minimum Front Yard Setback 4.7 feet Minimum West Side Yard Setback 0 feet Minimum East Side Yard Setback 3.4 feet Minimum Rear Yard Setback I-2 feet Maximum Height 27' 3" Minimum Distance b/w Buildings i0 feet Minimum Percent of Open Space Not Regulated Allowable Floor Area (FAR) 1.33:1 (14,124 sq. ft.) Minimum Off Street Parking 5 on-site spaces 20. The Applicant shall agree to maintain a relationship with High Mountain Taxi or other similar taxi service as long as the use of the property continues as a lodge. Specifically, the use of the taxi service shall be incorporated into an agreement that requires the Christmas Inn to use the service during the peak times of the year; namely, from June 15th to August 31st, and from December 1st to April 15th. 21. The Applicant shall construct the two affordable housing unks to share no less than 1,000 square feet in total FAR and shall the units shall be constructed to also meet the Aspen Pitkin County housing Authority square feet and FTE minimums. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in pubhc hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the ,,Dame shall be complied with as if fully set forth herein, tmless 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 jrwisdiction, such portion shall be deemed a separate, disthact and independent provision and shall not affect the validity of the remaining portions thereo£ Approved by the Commission at its regular meeting on December 18th, 2001 APPROVED AS TO FORM: PLANNING AND ZONING City-Attorney Jasmine Tygre, Chair ATTEST:  e Lbth~an, ]5'~pu~ City Clerk