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HomeMy WebLinkAboutresolution.apz.015-04RESOLUTION NO. 15 (SERIES OF 2004) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CiTY COUNCIL AppROVE THE CHART HOUSE LODGE CONCEPTUAL PLANNED UNIT DEVELOPMENT APPLICATION ON THE PROPERTYDESC~ED'Xg~LOTg~629~'"g~6~k 3, OF THE EAMES ADDITION TO'THE CiTYAND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2735-131-06-002 WHEREAS, the Community Development Department received an application from LCH, LLC, owner, represented by Stan Clauson Associates, LLC, requesting approval of a Conceptual Planned Unit Development to construct fourteen (14) timeshare lodge units and four (4) affordable housing units on the property described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the subject property is approximately 11,979 square feet, and is located in the Lodge/Tourist Residential (L/TR) Zone District; and, WHEREAS, the Applicant concurrently applied for fourteen (14) tourist accommodation growth management allotments and the Growth Management Commission awarded a failing score to the application on March 9, 2004; and, WHEREAS, the Applicant appealed the Growth Management Commission's scoring of the Growth Management application for tourist accommodation growth management allotments to City Council at a public hearing on April 12, 2004, and City Council remanded the Commission's scoring of the application for re-scoring by the Planning and Zoning Commission after the review of the conceptual PUD is completed; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the City Council may approve, approve with conditions, or deny a Conceptual Planned Unit Development request during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on May 4, 2004, the Planning and Zoning Commission conducted and continued the public hearing on the Chart House Lodge Conceptual PUD to May 18, 2004; and, WHEREAS, during a duly noticed public hearing on May 18, 2004, the Planning and Zoning Commission continued the public hearing on the Chart House Lodge Conceptual PUD to May 25, 2004; and, WHEREAS, during a duly noticed public hearing on May 25, 2004, the Planning and Zoning Commission approved Resolution No. 15, Series of 2004, by a four to two (4- 2) vote, recommending that City Council approve with conditions,' the Chart House Conceptual PUD; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identifi ed herein; and, WHEREAS, the 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 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 TX city OF ASPEN pLANNING AND ZONING COMMISSION AS FOLLOWS] Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve the Chart House Timeshare Lodge Conceptual PUD to construct fourteen (14) three-bedroom timeshare units and four (4) two-bedroom affordable housing units at 219 E. Durant Avenue, subject to the following conditions: The Applicant shall submit an application for final PUD review within one year of gaining conceptual PUD approval. The final PUD application shall include detailed utility, landscaping, erosion control, and drainage plans. The utility plan to be SUbmitted with the final PUD application shall include the snowmelt service lines and access points. The service lines shall be planned in a manner that will not require trenching under existing trees or under proposed landscaping. Existing sanitary sewer service lines serving the property shall be abandoned at the main line and shall be excavated. The utility plan shall also indicate only one water tap to the main water line. The existing water services line shall be abandoned at the main line and shall be excavated. o o 10. The landscaping plan to be submitted with the final PUD application shall include a detailed tree protection plan and a right- of-way irrigation plan. The landscaping plan shall not contain multi-stem plants and shrubs in the public right-of-way. The landscaping plan shall also include an elevation drawing detailing the location of the proposed sidewalk along Durant Avenue in order to give the Parks Department a better idea as to how the sidewalk will affect the grade around the existing Cottonwood trees. The Applicant shall submit a drainage plan prepared by a licensed engineer prior to City Council's review of the conceptual PUD request. The drmnage plan shall not show any clear water connections and the drainage system shall route site drainage to the nearby City storm drains. Roof drains shall discharge onto landscape areas and not directly into the storm sewer. The final PUD application shall indicate that the proposed entry plaza on the comer of Durant Avenue and Monarch Street is completely within the confines of the property. The proposed landscape walls delineating the edge of the patios on both Durant Avenue and Monarch Street shall also either be removed or located Completely within the confines of the property on the final PUD application. Additionally, the final PUD plan shall indicate that the proposed entry plaza is not located within the dfiplines of any of the Cottonwood trees to be saved. A generator will be required to operate the parking elevator and the fire pump during power outages. A designated location for the generator shall be proposed in the final PUD application. The restrooms located in the proposed restaurant shall meet the minimum building code requirements on the final PUD application plans. The final PUD application shall only include at most two (2) gas log fireplaces. The Applicant shall contribute to the City's street repair fund or place a 2-inch thick overlay on Dean Avenue between Monarch Street and S. Aspen Street to offset accelerated deterioration of street pavement due to construction traffic generated by the proposal. The Applicant shall route construction traffic from Dean Avenue to S. Aspen Street and then onto Highway 82. 11. 12. 13. 14. 15. 16. 17. 18. The final PUD application shall either propose non-reflective glass on the four (4) story glass element that is on the south facing fagade or replace the glass element with other opaque materials. The final PUD application shall include the following methods of PM- 10 mitigation: Provide free bus passes to all employees. Provide an airport shuttle for use by guests and estate owners. Advertise transportation alternatives to potential guests/ estate owners. Sidewalk improvements in the adjacent right-of-ways. The Applicant shall study the feasibility of providing four (4) to five (5) additional parking spaces on-site or leasing an equivalent amount of spaces off-site for use of the development. The Applicant shall not schedule and accept delivery of goods and supplies between 9 PM and 5 AM. The final PUD plans shall indicate that oil and grease interceptors meeting the Aspen Consolidated Sanitation District's requirements Will be installed in both of the poSSible food preparation areas, which include the kitchen in the rooftop restaurant and the kitchen serving the street-level bar/lounge. The final PUD plans shall also indicate that oil and sand separators meeting the Aspen Consolidated Sanitation District's requirements will be installed in the parking garage. A detailed plan for interceptors, separators, and glycol containment shall be submitted with the building permit application. The final PUD application shall contain a detailed landscape and improvements plan for the Dean Street right-of-way abutting the Chart House property that is consistent with the Dean Street pedestrian improvements plan that Staff has initiated. The Applicant shall provide a detailed study from a licensed Engineer as part of the final PUD application demonstrating sufficient ability of larger delivery vehicles to safely enter and exit the proposed delivery area off of Dean Street. The study shall address possible vehicular conflict with the Aztec Condominium's garage entry and the turning radius of larger delivery vehicles. The Applicant shall study the possibility of providing for a greater ~est side yard setback prior to submitting a final PUD application. 19. The Applicant shall study the possibility of reducing the height of the proposal prior to submitting a final PUD application. 20. Snowmelt shall be allowed in the public right-of-way as proposed by the Applicant if a maintenance agreement is executed requiring that the Applicant or the Applicant's heirs and assigns maintain said' snowmelt system in perpetuity. Section 3: 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 4: 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 5: 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 Planning and Zoning Commission of the City of Aspen on this 25th day of May, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: C~'ty Attorney Roge~0It~aneman, Co-Chair ATTEST: /~c~ckie Lothian, D~ty City Clerk