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HomeMy WebLinkAboutresolution.council.094-99 RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR THE BAVARIAN INN AFFORDABLE HOUSING DEVELOPMENT ON LOTS D THROUGH I, BLOCK 11, AND LOTS K THROUGH P, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735.123.08.004 r-- "- Resolution #99 - 94 WHEREAS, the Community Development Department received an application from Savanah Limited Partnership, owner, as represented by Vann Associates, LLC, for Conceptual Planned Unit Development approval of a for sale, deed restricted, residential affordable housing development of 19 units, 40 bedrooms and 31 parking spaces on two (2) parcels located between W. Main Street, Seventh Street, Eighth Street, and W. Bleeker Street; and, WHEREAS, pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code, the Planning and Zoning Commission shall make a recommendation to the City Council regarding requests for Planned Unit Development (PUD) approval; and, WHEREAS, pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code, City Council shall approve, approve with conditions, or disapprove Conceptual PUD approval requests upon receipt of recommendations from staff and the Planning and Zoning Commission, and after taking and hearing public comment regarding the proposal; and WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, Parks Department, Environmental Health Department, the City Transportation Planner, the City Zoning Officer, the Roaring Fork Transit Agency, the Aspen/Pitkin County Housing Authority, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, the above referenced application was legally noticed for a public hearing held before the Planning and Zoning Commission on April 13, 1999, and, WHEREAS, the above referenced application was, subsequent to the conclusion of the Planning and Zoning Commission hearings, legally noticed for a public hearing to be held before the City Council on November 8, 1999 and continued to November 22, 1999; and, WHEREAS, during the third continuance of the Planning and Zoning Commission public hearing, on August 24, 1999 (first hearing on 4/13/99 was continued to 6/1/99, then continued to 7/20/99, and finally to 8/24/99), the Commission recommended that the City Council grant Conceptual PUD approval for the Bavarian Inn Affordable Housing PUD (Lots D through I, Block II, and Lots K through P, Block 12, City and Townsite of Aspen) with conditions by a vote of six to zero (6,0) by Resolution o No. 09, Series of 1999; and, r-- ~ ~, !~ o WHEREAS, City Council conducted a public meeting, as part of the action item agenda, on September 27, 1999, and conducted a legally noticed public hearing opened on November 8, 1999, and continued to November 22, 1999, then to November 23, 1999, then to December 6, 1999, at which time City Council received and took into consideration public comments and the recommendations of the Planning and Zoning Commission and City staff; and, WHEREAS, after consideration of agency and public comment, the applicable review standards as contained in Chapter 26 of the Aspen Municipal Code, to wit, Section 26.84.030 (Planned Unit Development), and the recommendations of staff and the Planning and Zoning Commission, the City Council finds the proposed Conceptual PUD plan of the above referenced application to be consistent with the minimum requirements and review standards for Planned Unit Development provided that the stipulated conditions are met. NOW, THEREFORE BE IT RESOLVED by the Aspen City Council: Section One: That the' City Council hereby grants Conceptual Planned Unit Development (PUD) approval for the Bavarian Inn Affordable Housing PUD with the following conditions: 1. If the requested rezoning of Parcel 2 from R-15 to R,MF/PUD is not approved, this Conceptual PUD approval shall be rendered null and void. 2. For the Final PUD application, the proposed Site Development Plan shall be revised and other submittals made as follows, with final determination to be made at Final PUD review: a. The Bleeker Street frontage of the property shall remain undeveloped (with the exception of Nl) to serve as a play area, courtyard and open space. Trees located outside of the areas designated for driveway, sidewalk and parking shall be preserved with final determination to be made by the Parks Department. b. The three conifer trees on the north side of the N2 building shall be preserved and the final plan shall show how the site plan layout (particularly the N2 building location) and construction practices will accomplish this. The N2 building shall provide for a two (2) bedroom unit. c. Parking shall meet as closely as possible with the off-street parking standards of Section 26.515, however; a minimum of 31 parking spaces shall be allocated for the entire PUD. d. Vehicular access to parking shall be signed in order to encourage access to the development from Bleeker Street and from the east end of the alley only, with the exception of the existing parking spaces accessed from Seventh Street, in front of the Bavarian Inn. The applicant shall develop a signage plan which will minimize general public use of the alley at the 8th Street intersection. Such plan shall be coordinated with and meet with the approval of all effected City department staff and effected utility/service districts. e. Turning movements at the east end connection of the alley to Seventh Street shall be restricted to right-in and right-out only. Once Highway 82 has been realigned 2 .~, to Main Street, the Seventh/Main Street intersection has been signalized, and traffic volumes on Seventh have decreased, the right,in and right-out only restriction may be removed after further analysis by the City's staff upon application for an insubstantial PUD amendment to allow left turn movements to and from the alley. f. The applicants shall submit a remodeling plan for the Bavarian Inn showing architectural changes, facade materials, and any other proposed exterior improvements. Landscaping for the Bavarian Inn shall be included in the overall PUD landscaping plan. 3. All buildings shall have flat roofs. Heights must comply with the R-MF zone district's twenty-five (25) foot limitation and specifically, the Nl/N2 building complex and Sl,S5 building complex shall not exceed 20 feet in height to the top of the roof, and the W2-W5 complex shall not exceed 25 feet in height to the top of the roof. Prior to Final PUD plan submittal, the applicant shall meet with the Historic Preservation Commission (in an advisory capacity) to review the architectural design of the proposed structures to discuss compatibility with the 8th Street and Main Street neighborhoods and streetscape. 4. The Final PUD application shall include a plan for the relocation of the two (smaller) cabins located on Parcell of the site. The third (larger) cabin may be included in this relocation plan. The final disposition of the cabins shall not interfere with the review process of this PUD. (\ 5. The proposed landscape plan of the Final PUD shall be modified in accordance with the changes required pursuant to condition 2., above. In preparing the proposed landscape plan for the Final PUD application, the applicant shall work with the City Parks Department to arrive at an acceptable plan with regard to selection of species, spacing of plantings, tree relocation, preservation, and removal requirements as well as how the landscaping could potentially mitigate noise impacts from Main Street. The landscape plan shall also include a construction management plan which describes specific tree preservation strategies during the construction period. The plan shall demonstrate consistency with the recommendations of the "Entrance to Aspen Main Street Design Report", including addressing the post,development grade changes between the "new" Main Street and the development site. In association with the landscape plan, the applicant shall provide plans or documents describing provisions for the on-going maintenance of all common areas and for ensuring landscape success for a three-year period. 6. The Final PUD application shall include a detailed outdoor lighting plan which illustrates that any outdoor lighting used on the subject property will comply with the City's current lighting regulations. 7. The Final PUD shall meet all requirements of the Aspen Fire Protection District, including but not limited to the installation of approved fire sprinkler and alarm systems, and the maintenance of all fire department apparatus emergency access routes. Proposed snow storage areas shall be identified on the Final PUD Site Development Plan. ~ 3 i~ 8. The final PUD shall include a Special Review application for parking addressing the specific off,street parking requirements of Section 26.515 of the Municipal Code. Any and all PUD variance requests shall remain outstanding until final PUD review. 9. The final PUD application shall include a detailed utility plan including proposed easements; a detailed stormwater drainage plan; a PMro mitigation plan; a fugitive dust control plan and construction management plan; a report detailing the results of an asbestos inspection of the Bavarian Inn and its associated out-buildings as completed by a person licensed by the State of Colorado; a draft plat and Subdivision/PUD Improvements Agreement; and, any other reports as required for final PUD pursuant to the land use code. 10. The applicant shall record (and pay the applicable fees) with the Pitkin County Clerk and Recorder the signed Planning and Zoning Commission Resolution that provides City Council with a recommendation regarding the proposed Bavarian Inn Affordable Housing Conceptual PUD. In.the alternative, the applicant may pay the recordation fee to the City Clerk, who will record the Resolution. 11. All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. r-- Section Two: In accordance with Section 26.84.030(C)(1 )(b) and (c), Sections One of this Resolution, as provided above, shall not constitute final Planned Unit Development approval or permission to proceed with development. Instead, such approval shall constitute only authorization to proceed with a development application for a final development plan. A development application for final development plan shall be submitted within one (I) year of the conceptual development plan's date of approval by City CounciL Unless an extension is granted by the City Council, failure to file such an application within this time period shall render the approval of a conceptual development plan null and void. FINALLY, adopted, passed and approved this 6th day of December, 1999. E.Ftichards,~ayor ATTEST: /""', 4 ~. ('. ~, APPROVED AS TO FORM: ~(/?~ John orces er, City Attorney G: planning/aspenJresos.docJcitycounc/Bavcoucreso.doc 5