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HomeMy WebLinkAboutresolution.council.010-89 RESOLUTION NO. /~ (Series of 1989) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING 12 LODGE ROOMS TO THE MOUNTAIN HOUSE LODGE IN THE LP ZONE DISTRICT THROUGH THE 1988 LP GROWTH MANAGEMENT COMPETITION WHEREAS, in accordance with Chapter 24, Section 8-106 of the Municipal Code, October 1 of 1988 was established by the City Council as the 1988 deadline for submission of applications for Growth Management Tourist Accommodations allotments in the LP Zone District; and W~EREAS, the Mountain House Lodge Growth Management application was the only 1988 application submitted to the Aspen/Pitkin Planning Office; and WHEREAS, duly noticed Public Hearings were held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on December 6, 1988 and January 10, 1989 to consider the Growth Management Quota System competition for Tourist Accommodations in the (LP) (0) (R-6) (R-15) (RMF) zone districts, at which time the Commission did evaluate and score the Mountain House Lodge expansion project; and WHEREAS, the Mountain House met the minimum threshold of 26 points by scoring 32.5 points; and WHEREAS, the Commission considered the representations and commitments made by the applicant in scoring the Mountain House Lodge project and granting Special Review approval to increase FAR with the following conditions: 1. The dining area shall be limited to the guests of the lodge, shall not be open to the general public, shall only serve breakfast and shall not request a liquor 1 license. 2. The applicants shall provide a sidewalk along the Hopkins Street frontage which shall be designed to the satisfaction of the city Engineer in order to permit angle parking to continue along this property line. A sidewalk shall also be provided along the West End Street frontage, which shall be coordinated with the City's repaving of this street. 3. The applicants shall provide all trash and utility needs on-site and shall pave the area used for trash access. Prior to review by City Council, the applicants shall provide the Planning and Engineering Department with a letter from BFI which states the needed amount of trash storage required for the development, based on the frequency of pick-up. 4. Prior to issuance of a building permit, the applicants shall make a cash contribution to the Aspen Consolidated Sanitation District for improvements to the system. The amount of this payment shall be acceptable to the ACSD, based on the commitment made by the applicant in the GMQS. 5. The applicants shall make every effort to see that the log house is relocated to another site in town. The applicants shall report back to the Planning Office 45 days prior to initiating the development in order to allow the City an opportunity to find a site if the applicants have been unsuccessful. 6. That a deed restriction approved by the Housing Authority be recorded for the on site units before an issuance of a Building Permit for any portion of the development. Said units shall be restricted to the then current Employee Housing Guidelines and indexed to the low income category. 7. The Owner covenants that the use and occupancy of the employee rental unit shall be limited to housing for qualified employees in accordance with the low rental guidelines established by the Housing Authority of the City of Aspen and Pitkin County or a successor thereto. The Owner of the unit shall have the right to lease the units to qualified employees of his own selection. Such individual may be employed by the Owner, or employed in Aspen/Pitkin County, provided such persons fulfill the requirements of a qualified employee. "Qualified employee" as used herein shall mean any person currently residing in and employed in the City of Aspen or Pitkin County for a minimum average of 30 2 - hours per week, nine months out of any twelve-month period, who shall meet low income and occupancy eligibility requirements established and applied by the Housing Authority with respect to employee housing. 8. Verification of employment of person(s) living in the employee rental units shall be completed and filed with the Housing Authority Office by the Owner of the unit prior to occupancy thereof, and reverified on a yearly basis. If the Owner does not rent the employee unit to a qualified employee the unit shall be made available for occupancy in accordance with the Housing Authority guidelines, provided the Owner shall have the right to approve any prospective tenant, which approval shall not be unreasonably delayed or withheld. 9. These covenants shall be deemed to run with the land as a burden thereof for the benefit of, and shall be specifically enforceable by, the Board of County Commissioners of Pitkin County, the Housing Authority of the City of Aspen and Pitkin County, or the duly authorized designee of the Board of County Commissioners of Pitkin County, by any appropriate legal action including but not limited to injunction, abatement, or eviction of non-complying tenants during the period of the life of the last surviving member of the presently existing Board of County Commissioners of Pitkin County, Colorado, plus twenty-one years, or for a period of fifty years from the date of recording hereof in the Pitkin County real property records, whichever period shall be less. 10. When a lease is signed with a tenant, a copy shall be sent to the Housing Office so that a current file may be maintained on each unit. 11. Deed restriction shall be approved and signed by the Chairman of the Housing Authority prior to recordation and a copy of the recorded document shall be provided to the Housing Authority Office after recordation. WHEREAS, the Commission further recommended approval of a Growth Management Exemption request for 4 on-site employee rooms; and W~EREAS, the Commission further recommended rezoning approval for the adjacent parcel (Lots A, B 1/2 of C, Block 32) from RMF to LP; and 3 WHEREAS, the Aspen City Council having considered the Aspen Planning and Zoning Commission's scoring for the Mountain House Lodge project does wish to grant the requested 12 room allotment. NOW, THEREFORE, BE IT RESOLVED by the City Council of Aspen, Colorado that 12 rooms of the LP Zone District Tourist Accommodations ~ota is hereby allocated to the Mountain House Lodge. BE IT FURTHER RESOLVED by the City Council of Aspen, Colorado that pursuant to Chapter 24, Section 8-108 of the Municipal Code, this allocation shall expire on the day after the third anniversary of the date of approval of a site specific development plan unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. Dated: ~~ /'~-- . , 1989 William L. Sti~ling, May~r I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~..~.~¥~ ~'~ , 1989. Kathryn.~S. KoCh, City Clerk C~.~./das ccreso.mtn.house 4