HomeMy WebLinkAboutresolution.apz.004-03 RESOLUTION NO. 04,
(SEINES OF ZOOS)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING CiTY' COUNCIL APPROVE THE
RESIDENCES AT LITTLE NELL CONCEPTUAL DEVELOPMENT PLAN FOR
A PLANNED UNIT DEVELOPMENT; CONCEPTUAL TIMESHARE, AND A
CONCEPTUAL SPECIAL PLANED AREA AMEND~NT~ c~T~/ OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 2 73 7~182-96033
WHEREAS, the Community Development Deparu~ent received an application
from the Aspen Land Fund, LLC (Applicant), represented by Sunny Vann of Vann
Associates, requesting the Planning and Zoning Commission recommend approval of a
Conceptual Development Plan. Conceptual Timeshare, and Conceptual Special Planned
Area Amendment for the Residences at Little Nell Planned Unit Development; and.
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District. City Engineering, Building
Department, Fire, Streets. Housing, Environmental Health. Parks and Water Departments
as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposed Conceptual PUD, Conceptual Timeshare, and
Conceptual Special Planned Area Amendment and recommended approval with
conditions; and,
WHEREAS, pursuant to Section 26.445 of the Land Use C, ode, Conceptual PUD
approval may be granted by the City Council at a duly noticed public heating after
considering recommendations by the Planning and Zoning Commission. the Community
Development Director, and relevant referral agenctes; and,
WHEREAS, pursuant to Section 26.590 of the Land Use Code, Conceptual
Timeshare approval may be granted by the City Council at a duly noticed public hearing
after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.440 of the Land Use Code, Conceptual
Special Planned Area Amendment approval may be granted by the City Council at a duly
noticed public hearing after considering recommendations by the Planning and Zoning
Commission, the Community Development Director, and relevant referral agencies; and,
WHEREAS. the City of Aspen / Pitkin County Housing Authority forwarded a
unanimous recommendation of approval to City Council to approve the proposed
affordable housing mitigation and replacement units for the Residences at Little Nell; and
WHEREAS, Conceptual PUD, Conceptual Timeshare, and Conceptual Special
Planned Area Amendment review by the Planning and Zoning Commission requires a
public hearing and this application was reviewed at a public hearing where the
recommendations of the Community Development Director and comments from the
public Were heard; and,
WHEREAS, during a regular meeting on December 3, 2002, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
continued the public hearing to January 7, 2003, by a five to zero (5-0) vote. At the
January 7, 2003 public hearing, the planning and Zoning C0rrmalsSion opened a duly
noticed public hearing to consider the project and voted six to zero (6-0) to continue the
project to January 21, 2003. At the January 21, 2003 Public he~tring, the Planning and
Zoning Commission opened a duly noticed public hearing to Consider the project and
voted five to zero (5-0) to continue the project to February 4, 2003. At the February 4,
2003 public heating, the Planning and Zoning Commission recommended City Council
approve the Conceptual Planned Unit Development by a four to zero (4-0) vote, with the
findings and conditions listed hereinafter; and,
WHEREAS, Conceptual PL~, Conceptual Timeshare, mid concePtual special
Planned Area Amendment approval shall °niy grant the ability for the aPplicm~t to submit
a Final PUD, Timeshare, and special piarmed Area Amendment Application and the
proposed development is further SUbject to Final PUD review, Rezoning, Subdivision,
Growth Management Quota System, Special Review, Specially Planned Area,
CondOminiumization, 8040 Greenline and Timeshare, approval pursuant to the Municipal
Code.
WHEREAS, an application was submitted for the Residences at Little Nell,
which proposed a 109,500 square foOt, multi-story structure consisting of 30 timeshare
units, 1 condominium unit, 4 affordabl~ hbUilng unitS, app~o~ima~iy 10}000 square feet
of commercial and ancillary space and a 72 space sub-grade parking garage.
WHEREAS, The Commission finds that the development ]review standards for a
Conceptual PUD, Conceptual TimeShare, and C6ncePtuai Special Planned Area
Amendment plan have been met, as long as certain conditions are iraplemented.
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission
recommends that the City Council approve the ConcePtUal Planned Unit Development,
Conceptual Timeshare, and Conceptual Specially Planned Area Amendment for the
Residences at Little Nell, subject to the conditions listed in Section 1 below.
Section 1:
The approval is subject to the following conditions:
1. The Final PUD application shall reflect and demonstrate compliance with the
findings of the Commission, as described above.
2. The Final PUD application shall include:
a. An application for Final PUD, Subd/vision, Rezoning,. Special Review for
parking, Growth Management Quota System, Specially Planned Area
ganendment, 8040 Greenline Review, Subdivision, Timeshare,
Condominitunization. A pre-application conference with a member of the
Community Development Department is required prior to submitt'mg an
application;
b. Delineation of all dimensional provisions to become requirements of the PUD.
c. A proposed subdivision plat and PUD plans.
d. A construction plan describing timing of construction components, areas of
disturbance, contractor parking, and a physical plan for mzuntaining adequate
access, including emergency access, to land uses remaining active during
construction shall be provided with the Final PUD application.
e. A detailed phasing plan that describes overall timing of specific project
phases, including the off-site improvements to Dean Avenue and the moving
of the Little Nell chairlift, and describing construction affects on the
neighboring properties.
3. Based on comments from the DRC meeting on November 13, 2002, the applicant
shall:
a. Consult with the City Engineer in order to comply with all required permits and
standards.
b. Consult with the Aspen Consolidated Sanitation District in order to comply with
all required permits and standards.
4. Prior to submitting an application for a Final PUD, the applicant shall make the
~ following revisions to the plan:
a. Buildin~ Height: Lower the heights of the lodge building, specifically the
portions of the building on the southern side of the site as the site begins to climb
up the hillside and the portion that reaches the height of 53' as shown on the east
elevation. The goal is to have the structure better conform to the heights of the
surrounding structures and not be so prominent on the hillside. In addition, the
height of the restaurant is a concern on the part of the neighbors and the Planning
and Zoning Commission, so the applicant shall work with the North of Nell
Condominium Association in an attempt to find consensus regarding the location
and height of the restaurant.
b. Building Mass: The mass of the building shall be additionally broken up with
more 'teeth", or visual variety, of the rooftine. Reduce mass ~n the southwest
comer of the building to provide buffer to neighbors and to reduce construction
concern of large excavation being conducted so close to neighboring properties.
c. Setbacks: Shift the southern portion of the lodge building to the east, to create a
larger buffer space between it and the residences to the west of the property.
Additional landscaping could then be added to further bolster the buffer area.
d. Resident Multi-Family Replacement Program (RMFRP}.'_ The apphcant is not
required to replace all twelve (12) bedrooms and 4,469 square feet of net
liveable area of the residential units that are required ]:o be replaced by the
RMFRP. Instead, at least eight (8) of the bedrooms in the range of 450-650
square feet shall be replaced on-site. Lodge employees shall have the first right
of refusal to rent the units whenever they become available.
e. Site Planning: Mitigate the vehicular and pedestrian conflicts in the area where
the porte cochere is proposed (the comer of Dean Aver~ue and Galena Street).
The site plan shall be redesigned so that there will be direct access from the pone
cochere to the parking garage ramp in order to prevent guest vehicles from
having to travel back onto Galena Street prior to turning onto the ramp to go
park in the underground garage. Change the traffic flow into the porte cochere
from counter clockwise to clockwise to mitigate headlights shining into the
North of Nell Condominium units.
5. Grading Plan: The applicant shall submit a final grading plan (including drainage
and erosion control) and a construction managemmt plan as; pan of the Final PUD
plan application and shall make the plan available to the North of Nell
Condominium Association and other interested parties.
6. Shipping and Receiving: No trucking, shipping and/or receiving, service.
inspection, or commemial vehicles servang the Residences at Little Nell and/or
associated commercial facilities shall utilize Ute Avenue fbr such purposes. All
shipping and receiving, service vendors, inspection, and other commercial vehicles
to and from the Residences at Little Nell and its associated commercial facilities
shall be only via its parking garage and/or loading dock off of Galena Street.
7. Geo-technical Report: With the Final PUD application, the applicant shall submit a
~'"~ Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty
m geo-technical sciences. At a minimum, such report shall determine the feasibility
of excavating the hillside and identification of any necessary mitigation during
construction of the lodge to protect adjoining properties from damage. In addition,
the report shall include a baseline for slope stability prior to any excavation.
establish a momtoring program to be implemented throughout the consumction and
for two years after completion of construction using accepted engineering standards
approved by the City of Aspen, including, without limitation, review of ail soils,
engineering designs, de-watering plans, and other applicable standards.
8. Off-site Affordable Housing: The Planning and Zoning Commission stated they
support the concept of off-site mitigation of affordable housing, even in the County,
but within the Urban Growth Boundary.
9. Rezoning: The Planning and Zoning Commission support a split zoning for the
project. Specifically, the Commission supports a rezone of Parcels A, B, and C
(using the Improvement Location Survey in attached Exhibit A as a reference) from
their existing zone district, L/TR (Lodge/Tourist Residential) to CL (Commercial
Lodge) and a rezone of Parcel H from C (Conservation) to CL. Parcels D and E
will remain their existing zoning, L/TR. Retaining the L/TR zoning on Parcels D
and E will serve to address the two concerns that P&Z has regarding the floor area
ratio and the possible commercial uses on the southcnm portion of the site. The
underlying zone districts should be used a guide in determining the floor area ratios.
Section 2:
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 3:
If any section, subsection, sentence, clause, p~ase, 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 February 4, 2003.
Approved by the Commission at its regular meeting on February 4, 2003.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair ~/ kJ
ATTEST:
j~kie Lothian, I~eputy City Clerk