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