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HomeMy WebLinkAboutresolution.apz.026-01 RESOLUTION NO. 26 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO CITY COUNCIL FOR A PROJECT PRESENTED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION FOR A CONSOLIDATED PLANNED UNIT DEVELOPMENT, REZONING, SUBDIVISION AMENDMENT, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR LOT 2B OF MOSES LOT SPLIT AND A REZONING OF THE LANDS WHICH INCLUDE LOT ~B, THE 300, 400, AND 700 BUILDINGS OF THE ASPEN ALPS, AND SURROUNDING LANDS OWNED BY THE ASPEN ALPS CONDOMINIUM ASSOCIATION, WHICH ARE CURRENTLY ZONED EITHER R-15 PUD OR CONSERVATION TO LODGE / TOURIST RESIDENTIAL PUD (L/TR PUD)THE ASPEN ALPS CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273 7-182-56-004 WHEREAS, the Community Development Department received an application from the Aspen Alps Condominium Association (Applicant), represented by Alan Riclm~an, requesting land use approvals for a consolidated planned unit development, rezoning, subdivision amendment, growth management quota system exemption, and variances of secondary mass, covered entry, and one-story element fi.om the residential design standards for the construction of 3 employee-housing units and a two level sub- grade parking garage. The property on which the construction is proposed to occur is described as Lot 2B of the Moses Lot Split, City of Aspen, Pitkin County, Colorado of the Aspen Alps Condominit~ns; and, WHEREAS, the Community Development Depar[ment received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Housing, Environmental Health, Parks, and Water Departments; 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 Lot 2B of the Moses Lot Split including a consolidated planned unit development, subdivision amendment, rezoning for the lands which include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD)from R-15.PUD to L/TR PUD, GMQS Exemption, and variance from the residential design standards regarding single-story element, secondary mass, and covered front porch standards; and WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval, by an unanimous vote of six to zero (6 - 0), to City Council to approve the proposed three affordable housing units for the employees of the Aspen Alps Condominium Association; and [I II Il ll II Ill I III111[ Ill Page: 1 otr 6 12/10/2001 10:47gi 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 hearing; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of four to zero (4 - 0), to City Council to approve a consolidated planned unit development, rezoning, subdivision amendment, growth management quota system exemption, and approved variances from secondary mass, covered entry, and one- story element of the residential design standards for the construction of 3 employee- housing units and a two level sub-grade parking garage on Lot 2B of the Moses Lot Split, City of Aspen made at a duly noticed public hearing on June 19, 21)01, that included comments from the general public, a recommendation from the City of Aspen / Pitkin County Housing Authority, the Community Development Director, the applicable referral agencies; and, WHEREAS, the City of 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 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 THE 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 request for a consolidated planned unit development, rezoning, subdivision amendment, growth management quota system exemption, are recorm~ended for approval andand variances of secondary mass, covered entry, and one-story element from the residential design standards are approved for the construction of 3 employee-housing units and a two level sub-grade parking garage for include Lot 2B, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD)from R-15 PUD to L/TR PUD, City of Aspen with the following conditions: 1) The Applicant shall either 1) remove an encroachment or 2) be subject to current encroachment license requirements should any encroachments into the public right-of-way be found.; 2) That the Applicant submit a drainage plan that meets the City's required standards and criteria. This includes, but is not limited to, foundation drainage, flow patiem, erosi°n control, S°il Stabilization, and re-vegetation in disturbed areas. Page: 2 otr B 12/10/2001 10:4T~ BIL~IA D~qVI$ PlT~<IN COUNTY gO R 30.00 D 0.00 3) That the APPlicmt Shall in~tali sPrinkler; fire alarm, and stand Pipe systems for the entire project as required by the City of Aspen Fire Department; 4) That the Applicant shall provide full accessibility to the tennis courts located on top of the garage and that all bathrooms and office and laundrY rooms require full accessibility as required by the City of Aspen Building Department; 5) That the Applicant shall designate specific Parking spaces in the garage for the deed-restricted affordable housing units; 6) That the Applicant shall submit the following plans to the Engineering Department for approval prior to application for building permit: 7) Construction Traffic Maintenance Plan 8) Construction Erosion Control Plan 9) Drainage and Dewatering Mitigation Plan 10) Noise and Dust Control Plan 11) Soils report 12) Full set of construction Plans 13) That the Applicant shall make the following corrections to the site improvement survey: 14) Show legends on drawing i5) stamp (wetseal) and date the survey within the last year 16) Monuments are to be tied to either city or USGS grid 17) Show easement title policy 18) "All easements of record as indicated on Title Policy No. , dated (within the past 12 months) are shown hereon." t9) That the Applicant agrees that drain lines from the car wash, maintenance shop floor drains, and parking structure trench drains must be connected to a district approved oil and sand separator which should be located outside the structure if at all possible; 20) That the Applicant agrees that the laundry facility shall be required to have lint traps in place; 21) That the Applicant agrees to pay the sanitation fees associated With the project prior to the issuance of a building permit; 22) That the Applicant and all propOsed uses and construction shall be required to comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code; Page: 3 of' 6 zz/~e/2ee~ 10: 47~q SlCVln OAVIS PITK[N COUNTY CO R 30.ee o 0.00 23) That the Applicant shall, prior to excavation, conduct two bores on Southeast and Southwest comers of the prOposed parking garage to determine the level of groundwater. If groundwater is encountered within the proposed excavation, a plan detailing how it will be diverted to the nearby mine drainage ditch is to be submitted to the City of Aspen Water Department for approval; 24) The Applicant shall agree that if seasonal water, groundwater, or dampness is encountered during excavation, the applicant will need to employ extra measures to make sure the proposed affordable housing units do not have mold or mildew problems. The Applicant shall agree to consult an engineer if this is the case; 25) That the Applicant shall be required by the City of Aspen Environmental Health Department to have the Aspen Alps management notify its contractors about City ordinances prohibiting vehicle idling for more than five minutes, and not starting construction work before 7 am; 26) That the Applicant shall be required to submit a Fugitive Dust Control Plan to the Environmental Health Department prior to the application of building permits. In addition, the Applicant is aware that there are no special reghlations pertaining to movement of mine tailings in any area of the County or City of Aspen except those within the Smuggler Mountain Superfund Site boundary. However, these soils may contain more lead or other heavy metals than other dirt in the area, and nearby neighbors have already expressed concern to the applicants. Therefore, the Applicant shall require their contractor to keep all mine-related soils damp at all times as a dust suppression measure to prohibit the release cf particulates into the air. The Applicant shall contact the Pitkin County Solid Waste Center to determine whether these soils can be taken to the landfill. If not, the Applicant shall contact this office before moving soils off the site. The Applicant shall consult with Environmental Health Department once they have soils test results. Finally, the Applicant shall maintain constant dialogue with the Environmental Health Department mhd include them as a monitor during the excavation of the soils for the project. 27) That the Applicant shall be aware that the Director of the Environmental Health Department my require any person undertaking to conduct activity or development within the site to test any soil or material to establish it's total lead (Pb) content. All testing shall utilize and adhere to protocols established or approved by the United States Environmental Protection Agency (pursuant to Ordinance 25, Series 1994). 28) That the Applicant shall abide by the noise level standards and hours of operation for the construction of the project pursuant to the City of Aspen Municipal Code; 29) That the Applicant agrees to provide the Aspen Parks Department with an excavation plan that indicates how the proposed excavation will take place for the project; 30) That the Applicant shall provide the City Parks Department with an excavation and landscaping plan for their approval prior to the application of building permits that includes including protection techniques to be employed in the areas marked "trees to be saved ifpossible" on the current landscape plan. If the spruce trees on the adjacent property directly to the south (along the fence) that are not marked on the site plan are damaged during excavation, the Applicant agrees to replace all the trees damaged at the Applicant's expense; 31) That the Applicant shall file an appropriate deed restriction agreed to by the City of Aspen Attorney with the City of Aspen / Pitkin County Housing Authority prior to the issuance of building permits; 32) That the Applicant shall conduct a site visit and tour of the three employee units with City of Aspen / Pitkin County Housing Authority Staff prior to the Certification of Occupancy; 33) That the Applicant shall draft a modified subdivision agreement that shall include the decision by City Council to amend the current restrictions associated with Lot 2B of the Moses Lot Split and the subject of this application and present it to the City of Aspen Attorney for approval and shall have this docUment recorded with the Pitkin County Clerk and recorders office; 34) That the Applicant understands that the existing restrictions on Lots 2A and 2B continue after the rezoning occurs. The Applicant agrees the deed restrictions will not be dissolved by the rezoning; 35) That the Applicant amends the plan to provide better access from the employee units to the parking spaces in the garage. Specifically, the Applicant shall add a garage access door from the walk around patio in front of the employee units to the top level of the garage where space 41 is currently proposed. Parking spaces for the employee units shall be required to be dedicated as close to that access door as possible; 36) That the Applicant utilize a color treatment such as earth tones for the employee units so that they are effectively blended into the hillside; 37) That the Applicant shall not operate a dry cleaning service in the laundry facility proposed in the sub-grade garage; 38) That no night time lighting be installed for the tennis courts located above the sub-grade garage; and 39) That the Applicant agrees that only Aspen Alps associated vehicles be permitted to use the garage. Specifically, those would be vehicles of the unit owners, visitors, employee unit residents, and maintenance and Laundry, and Aspen Alps fleet vehicles; and 40) That the Applicant agrees to file for recordation a Final Plat / Plan PUD / Subdivision Improvement Agreement to the Pitkin County Clerk and Recorder's Office within 180 days of approval by the City Council indicating all current improvements and conditions of approval for the entire Aspen Alps property as described herein as Lot 2B of the Moses Lot Split, the 300, 400, and 700 buildings of the Aspen Alps, and surrounding lands owned by the Aspen Alps Condominium Association, which are currently zoned either R-15 PUD or Conservation to Lodge / Tourist Residential PUD (L/TR/PUD) from R-15 PUD to L/TR PUD, owned by the Aspen Alps Condominium Association. 41) That the Applicant has agreed to begin the excavation for the project only between October 1 and May 30 of the year(s) of construction of the project. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating 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: City*Attorney _Rnh~rt m~h, Chair F ~) ATTEST: /~ackie Lothian, Deputy City Clerk