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Home My WebLink Aboutresolution.apz.037-01 RESOLUTION NO. 37, (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING TWO LODGE PRESERVATION ALLOTMENTS, GMQS EXEMPTIONS FOR LODGE PRESERVATION AND AFFORDABLE HOUSING, AND RECOMMENDING APPROVAL TO CITY COUNCIL FOR THE PLANNED UNIT DEVELOPMENT AMENDMENT, CONDITIONAL USE FOR TIMESHARE, AND SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-00-003 WHEREAS, the Community Development Department received an application from Charles and Fonda Patterson, owners, represented by Mitch Haas. requesting a Substantial Planned Unit Development Amendment, two Lodge Preservation Allotments, GMQS Exemptions for Lodge Preservation and Affordable Housing, Conditional Use for Timeshare, and Subdivision Review for a property consisting of portions of Lots A-I. Block 32. City and Town Townsite of Aspen; and, WHEREAS, the subject property is approximately 19.287 square feet, and is located in the R-15 Zone District with Lodge Preservation and Planned Unit Development Overlays; and, WHEREAS. pursuant to Section 26.445, the City Council may approve a Substantial Planned Unit Development Amendment, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Commmfity Development Director. and recommendations from relevant referral agencies; and, WHEREAS. the Community Development Director recommended approval of the Substantial Planned Unit Development Amendment, finding that the PUD dimensional requirements for on-site parking have not been met; and, WHEREAS, pursuant to Section 26.425.040. the Planning and Zoning Commission may approve a request for Lodge Preservation Allotments and GMQS Exemptions for Lodge Preservation and Affordable Housing during a duly noticed public hearing after considering a recommendation from the Community Development Director, comments from the general public, and recommendations from relevant referral agencies; and. WHEREAS, the Commumty Development Director recommended the Planning and Zoning Commission approve Resolution No. 37, Series 2001 which approves the two Lodge Preservation Allotments, GMQS Exemptions for Lodge Preservation and Page: t of 5 04/25/2002 02: 18~ Affordable Housing, and recommends approval to City Council for the Planned Unit Developmen~ Amendment, Conditional Use for Timeshare, and Subdivision; and, WIIEREAS, during a duly noticed public hearing on April 19. 2000. and again through a Memorandum to the Community Development Department dated August 7, 2001. the Aspen/Pitkin County Housing Authority recommended approval to the Planning and Zoning Commission of the GMQS Exemption for affordable housing; 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 and affordable housing after considering a recommendation from the AspenfPitkin County Housing Authority and Community Development Director; and, WItEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified h~rein, 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 hearing; 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 Community Plan; and, WHEREAS, during a duly noticed public heating on August 21, 2001, the Planning and Zoning Commission approved Resolution 37, Series 2001, by a six to one (6-1) vote, approving two Lodge Preservation allotments, GMQS Exemption for lodge prese~cvation and affordable housing, and recommended City Council approve the Boomerang Lodge Substantial PUD Amendment, conditional use for timeshare, and subdivision review; 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. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 The Aspen Planning and Zoning Commission hereby approves two (2) Lodge Preservation allotments, GMQS Exemption for lodge preservation and affordable housing, and recommended City Council approve the Substantial Planned Unit Development Amendment, Conditional Use for Timeshare, and Subdivision Review with the conditions stated herein. Page: 2 or' 5 04/25/2002 02: 18; SlLVlA DAVIS AITKIN COUNTY CO R 2S.00 O 0.00 Section 2 That the Boomerang Lodge expansion to a real property (namely, Parcel Number 2735-124- 66-001) to include six detached buildings, including four (4) chalets, one (1) cottage, and sixth building containing two (2) affordable housing units, four (4) 1-bedroom lodge units, and a bathhouse, is approved, subject to the follow/ng conditions: 1. An amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C) of the Land Use Code. The process to amend the PUD in the future shall be addressed in the PUD agreement. 2. A Final PUD Plan shall be recorded within 180 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 parking spaces within City rights-of-way, 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. d. In conjunction with building permits, the Applicant shall submit 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. If a 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. 3. If the project is phased, the Applicant agrees the construction on the affordable housing units shall beg~n no later than 36 months after the completion of the three (3) chalets on the eastern portion of the lot. If the construction does not begin on the two affordable housing units within this time frame, the applicanl shall pay the cash-in- lieu fee at the then current rates to mitigate in accordance with the Housing Authority recommendation. 4. The Applicant shall pay the City of Aspen $2,860.58 in school land dedication fees. These fees shall be due and payable at the time of application of a building permit for the development per structure. 5. The Applicant shall pay the City of Aspen $2§,156.00 in park development impact fees. These fees shall be due and payable at the time of application of a building permit for the development per structure. 6. As a condition specific to the Conditional Use for Timeshare, the Applicant shall keep the units available to the general public for at least s~x months of the year on a short-term basis in keeping with the parameters of the lodge definition. 04/25/2002 02:18; SILVIA DAVIS PITKIN COUNTY CO R 25.00 D 0.00 m. Allowable Floor Area Ratio. The Applic.ant shall provide an accurate floor area ratio for the purposes of recordation. n. Minimum Off-Street Parking. As shown on Final PUD Plans (not less than 13 spaces). Section 3: All mater/al 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 h~ein, unless amended by an authorized entity. Section 4: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending und~ 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 5: If any section, subsection, sentence, clause, phrase, or portion of th/s Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a seParate, dist'mct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its regular meeting on August 21, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ~/~ ATTEST: -~kie Lothiah, Deputy City Clerk Page: 5 of 5 04/25/2002 02: 18;