HomeMy WebLinkAboutresolution.apz.025-01 RESOLUTION NO. 25
(SEP, XES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION APPROVING THE PROVISION OF 16 LODGE PRESERVATION
ALLOTMENTS AND EXEMPTION FROM THE MOUNTAIN VIEW PLANE AND
RECOMMENDING APPROVAL TO CITY COUNCIL FOR REZONING TO L/TR
WITH LP AND PUD OVERLAYS, MINOR PLANNED UNIT DEVELOPMENT.
SUBDIVISION, AND GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTIONS FOR AFFORDABLE HOUSING AND LODGE PRESERVATION
FOR THE MOUNTAIN CHALET LODGE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2 73 7-182-45-002
WHEREAS, the Community Development Department received an application
from the Mountain Chalet Enterprises (Applicant), represented by Mitch Haas, requesting
land use approvals for the provision of 16 Lodge Preservation allotments, an exemption
for the Wheeler Opera House View Plane, rezoning, minor planned unit development,
subdivision, and GMQS exemptions for affordable housing and Lodge Preservation for
the Mountain Chalet lodge; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire,
Streets, Housing, Environmental Health, and Water Departments as a result of the
Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval for the proposed land use requests for the Mountain Chalet lodge
for the provision of 16 Lodge Preservation allotments, an exemption for the Wheeler
Opera House View Plane, mzoning, minor planned unit development, subdivision, and
GMQS exemptions for affordable housing and Lodge Preservation; and
WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a
unanimous recommendation of approval to City Council to approve the proposed five
affordable housing units for the employees of the Mountain Chalet lodge; and
WHEREAS, the Aspen Planning and Zoning 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 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 heating; and,
WHEREAS, the Planning and Zoning Commission approved, by a vote of five to
zero (5 - 0), the provision of 16 Lodge Preservation allotments, an exemption for the
Wheeler Opera House View Plane; and,
WHEREAS, the Planning and Zoning Commission forwarded a unanimous
recommendati°h 0f appr0val, by a 90te 0f five tO zero (5 ~ 0), tO CitY COuncil tO approve
a rezoning, minor planned unit development, subdivision, and GMQS exemptions for
affordable housing and Lodge Preservation; and,
WHEREAS, the City of Aspen Plarm/ng 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 Community Plan; and,
WHEREAS, the City of 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 THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THIS 19TH DAY OF
JUNE 2001, THAT:
Section 1
pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the requests for the provision of 16 LOdge Preservation allotments, an exemption for the
Wheeler Opera House View Plane, rezoning, minor planned unit development, subdivision,
and GMQS exemptions for affordable housing and Lodge Preservation is approved with the.
following conditions stated herein.
1. That the Applicant shall adequately mitigate for emPlOyee generation by
providing deed restricted emPlOyee housing for at least 3.84 FTES as per the
recommendation from the Aspen / Pitkin County Housing AUthority.
2. That the Applicant shall submit t° the Housing Office prior t° the applicatiOn of
building permits reconfigured employee unit square footages which meet the
minimum square footage requirements as stated in the Guidelines and agreed to
by the Applicant.
3. That the five employee units shall be deed restricted at the Category 2 rental rate,
but that since the units are 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 Phase 1 to establish mutually acceptable
lease terms for employees whose units are attached to the business.
4. That the Applicant complete and record the deed restriction for the units Prior to
application for building permitsl along With a temporary deed restriction for the
unit being used prior to completion of Phase 2, which is located in the Kitzbuhel
Lodge. Housing Office Staff shall approve the KitZbuhel unit prior to the
acceptance of this unit for deed-restricted purposes; this unit shall be restricted at
a Category 2 rate with no limitations on income or assets. The deed restriction on
this specific unit will be released upon approval of the Certificate of Occupancy
for the five emploYee units provided for in the Mountain Chalet.
Page: 2 of 5
12/10/2001 10: 47iq
BILVIA DAVIS PITKIN COUNTY CO R 25.00 D 0.00
5. That the Applicant provides deed restriction language, which addresses the issue
of controlled rents arising from the Telluride Case and SuCh language, shall meet
with the approval of the City and Housing Offices' Attorneys.
6. That the Applicant will conduct a sit? visit with housing office representatives to
inspect the deed restricted units prior to the issuance of the Certificate of
Occupancy for each unit.
7. That the Applicant shall implement the following traffic mitigation measures to
mitigate for PM-10 emissions and trips generated: 1) provide free bus passes to
employees, 2) limiting parking, 3) provide covered and secure bike storage, and
4) provide a free bike fleet consisting of five bikes for emPloyees and guests of
the lodge. In addition, and as required by the Planning and Zoning commission,
the Applicant shall mitigate for the lack of parking and provide a courtesy van or
"vouchers'' for guests of the Mountain Chalet lodge to begin following the
completion of Phase 3 of this development.
8. That 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 windblown dust from crossing
the property line or causing a nuisance. This shall be required prior to the
submittal for building permits.
9. That 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.
10. If changes are planned for food preparation areas, a review of plans and
specifications by the Environmental Health Department is required by Section 10-
401 of the Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State Of Colorado. The Department should be consulted
before preparation of plans and specifications. The Aspen Consolidated
Sanitation District must be contacted for their recommendation On the proper size
of the grease trap.
11. That the Applicant shall provide a foundation drainage system that is separate
from site storm drainage system. Rain and snow melt runoff must be detained
and routed on site. These facilities must be shown on drainage plans and
submitted for approval as part of the application for building permit. The
drainage may be conveyed to existing landscaped areas if the drainage report
Page: 3 of' 5
~2/te/2eet ~.0:47n
demonstrates that the percolation rate and the detention volume meet the design
storm drain.
12. That the Applicant shall designate and install all public sidewalks, curbs, and
gutters in accordance with the City of Aspen Design Standards which are
available in the City Engineering Department.
13. That the Applicant shall install a sprinkler system and a fire alarm system
throughout the entire Mountain Chalet lodge as required by the City of Aspen Fire
Marshal.
14. That the Applicant investigates the opportunity to join the City's free
Transportation Options Program (TOP). As a TOP member, the Mountain Chalet
will receive updated road construction information, free emergency transportation
for employees, RFTA marketing materials and other services that will help both
employees and guests to use alternative transportation. For assistance, contact
transportation staff at 920-5038;
15. That the Applicant shall provide for accessibility for all the basement units. All of
these units will be Type B, Ref Chapter 11 and the lounge area on the 5th floor
shall also be accessible, as required by the City of Aspen Building Department.
16. That the Applicant shall submit a site improvement survey dated within twelve
months of the submittal date for building permit application. The improvements
survey shall be reviewed by the City 0f Aspen Engineering Department, and must
that include monuments (found and set), setback, lines, easements, and be entitled
"Improvement Survey."
17. That the Applicant shall agree that there will be no 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, and 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 hauiing routes and impact on local
streets; and
D. Construction parking mitigation, except for essential 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.
18. That the Applicant shall submit, as part o£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 omo the sidewalks or into
drain chases through the sidewalks.
SILVIR D~VI$ PlTKIN COUNTY CO R 2~ O0 D 0 00 '
19. That the Applicant shall comply with the City of Aspen Water System Standards,
With Title 25, and with applicable portions of Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code as required by the City
of Aspen Water Department.
20. That the Applicant agrees that there Will be no clear water connections such as
roof drains, foundation drains or storm water connections. All clear Water
connections are prohibited as required by the Aspen Consolidated Waste District.
21. That the Applicant shall submit and record a "Final Plat," Final PUD
Development Plans, and a PUD Agreement indicating all current and proposed
improvements and conditions of approval for the entire Mountain Chalet lodge
property.
Section 2
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 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 regular meeting on June 19, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
CitfAttomey R-ol~t=Cgtaioh, Chair '~
ATTEST:
ckie Lotl~i~[n, Deputy City Clerk
H:KMy Documents\Current CaseskPUD and LP Froj ectskMountain Chalet PUDkMemos\Mountain Chalet Memo.doc
R 25,00 O 0.00
$ILVIA OAVIS PITKIN COUNTY CO _ j