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Home My WebLink Aboutresolution.apz.010-03 RESOLUTION NO. 10, (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECONEVIENDING CITY COl~ii~ APPROVE A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESHARE, AND SUBDIVISION FOR THE ST. REGIS HOTEL, LOT 1 ASPEN MOUNTAIN SUBDIVISION PUD. CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-1828-5001 WHEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), represented by Gideon Kaufrnan of Kanfman and Peterson, P.C., requesting a PUD Amendment, Growth Management Quota System Exemptions, Timeshare. and Subdivision to convert 98 existing hotel rooms toro 24 timeshare lodge units and one residential unit, to conver~ a pomon of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenky, and to convert the existing spa facility on the Second Level of Building B to relocated hotel offices: and, WHEREAS. the 24 timeshare lodge units are proposed to be sold in a minimum of 1/11th fractional interests; and, WltEREAS. the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire. Streets, Parks, Housing, Envirotzmental Health. and Water Departmems as a result of the Development Review Committee meeting; and, WHEREAS, the applicant has chosen to consolidate all oftlhe land use approvals. in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; 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 St. Regis Hotel; and, WHEREAS. at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of tl~ree to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 18th DAY OF MARCH 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission recommends approval of the Amendment to the PUD, GMQS Exemptions, Timeshare, and Subdivision subject to the following conditions: 1. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A traffic management plan that addresses issues such as COnstruction worker parking and hauling routes. 2. Prior to issuance of a building permit: a. The primary contractor shall sUbmit a letter to the Cotnmunity Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. c. A complete set of sprinkler and alarm plans shall be subm]itted to the AsPen Fire Marshal in order to determine if the fire sprinkler system and alarm system is adequate. d. The APPlicant Shall comply With the AsPen COnsOlidated S~itati°n DistriCt's rules and regulations. No clear Water connections (roof, foundatiOn, perimeter drains) shall be allowed. All sanitation-related imProvements below grade shall require the use of a pumping station. The conversion from lOdge Units may result in additional tap fees due to the additional kitchens ~md other sources of wastewater. e. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Based on the sprinkler requirements of the Fire Department, a neTM and larger water taP may be needed. An additional tap fee may be assessed due to the change in use. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number oftype A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TC0) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adoPted International Fire COde. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-off of building permit. In addition, the applicant shall COmply With new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the Water tap, and W~ter serVice feesl h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approw~l of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B-4G of the 1st Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), immediately after one full fiscal year following the iSSUance of a certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. 4. Should the housing audit show an increase in the number of employees, the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for any additional emplOyees of the new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 5. Final Condominium Declarations shall be submitted to the City concurrent with the submission of the Condominium Subdivision Plat and shall include the following language regarding timeshare: a. ' Timeshare estates shall be made available for short-term rental when the estate is not in use by the owner of the unit, the owner's guests, or persons occupying the unit under an exchange program. Units that are available for rental shall be listed at competitive rates in a central reservation system. b. The covenants of the homeowners association shall permit walk-in rental of units. The association shall not limit rental of units to such arrangements as only weekly rentals or Saturday-to-Saturday rentals; instead the association shall permit shorter stays, split-week rentals, and similar flexible arrangements. c. Owners oftimeshare estates shall be required to reserve their unit/time sufficiently far enough in advance to enable the public to obtain access to those units that are not so reserved. d. The owner of a timeshare estate shall not be permitted to occupy that estate for any period in excess of thirty (30) consecutive calendar days. e. The owner of a timeshare estate shall be prohibited from storing a vehicle in a parking space on-site whcm the owner is not using that estate. ~. 6. The timeshare lodge units that remam in the developer's inventory shall be made available for rental to the public while the estates are being sold, except for models and other units that are needed for marketing or promotional purposes. 7. The Applicant shall pay the City of Aspen school land dedication fees for the additional residential unit. These fees shall be due and payable at the time of issuance of a building permit for the development. 8. A PUD Agreement and Amended PUD Plan 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). 9. The applicant shall file a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permk 10.With this approval, the applicant shall commit to having the St. Regis Hotel open for business year around. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public heatings or documentation presented Before the Planning and Zoning Commission or City Council. are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forfl~ 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 March 18, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit~Attomey - ~/ Jasmine Tygre, Chair ATTEST: an, Deputy City Clerk