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HomeMy WebLinkAboutresolution.council.054-04RESOLUTION NO. 54 (SERIES OF 2004) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE CHART HOUSE LODGE CONCEPTUAL PLANNED UNIT DEVELOPMENT 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 heating 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 heating 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, during a duly noticed public hearing on June 14, 2004, City Council reviewed the proposal and requested that the Applicant amend their design to address specific concerns about the height and west side yard setback; and, WHEREAS, during a regularly scheduled City Council meeting on June 28, 2004, City Council reconsidered their motion on June 14, 2004, remanding review of a revised design back to the Planning and Zoning Commission; and, WHEREAS, the Applicant submitted an amended Conceptual PUD application with a revised design consisting of twelve (12) three-bedroom timeshare lodge units and 2 two-bedroom affordable housing units for review; and, WHEREAS, during a duly noticed public hearing on July 27, 2004, the Planning and Zoning Commission reviewed the revised Chart House Lodge Conceptual PUD application and continued the review until August 3, 2004; and, WHEREAS, during a duly noticed public hearing on August 3, 2004, the Planning and Zoning Commission concluded review of the revised design and approved Planning and Zoning Commission Resolution No. 27, Series of 2004 by a five to two (5- 2) vote, recommending that City Council approve with conditions, the revised Chart House Lodge Conceptual PUD application to construct a tWelve (12) unit timeshare lodge with two (2) affordable housing units and a ground floor restaurant at 219 E. Durant Avenue, Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen; arid, WHEREAS, during a duly noticed public hearing on August 9, 2004, the Aspen City Council reviewed the revised Chart House Lodge Conceptual PUD application and continued the review until August 23, 2004; and, WHEREAS, the Applicant revised the design once again by reducing the upper floor to approximately 3,900 square feet and reduced the number of lodge rooms to eleven; and, WHEREAS, during a duly noticed public hearing on August 23, 2004, the Aspen City Council approved, with conditions, by a three to two (3-2) vote, the revised Chart House Lodge Conceptual PUD application to construct an eleven (11) unit timeshare lodge with two (2) affordable housing units and a ground-floor restaurant at 219 E. Durant Avenue, Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council 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 Aspen City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the Chart House Timeshare Lodge Conceptual PUD to construct eleven (11) timeshare lodge units and two (2) 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. o 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. 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 o o o 10, 11. 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 drainage 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. 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 final PUD application shall only include at most two (2) gas log fireplaces. The Applicant shall contribute to the City's street repair fund to offset accelerated deterioration of street pavement due to construction traffic generated by the proposal. The Applicant shall route construction traffic from Dean Street to S. Aspen Street and then onto Highway 82. The final PUD application shall include the following methods of PM- 10 mitigation: ao C~ 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 meeting the requirements of the City Engineer. The final PUD plans shall indicate that oil and grease interceptors meeting the Aspen Consolidated Sanitation District's requirements will be installed in the possible food preparation areas. The final PUD plans shall also indicat6 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. 12. The final PUD application shall contain a detailed landscape and improvements plan for the Dean Avenue Right-of-way abutting the Chart House property that is consistent with the Dean Street pedestrian improvements plan that Staff has initiated. 13. 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. 14. All exterior lighting shall meet the City of Aspen Lighting Code requirements pursuant Land Use Code Section 26.575.150, Outdoor Lighting. 15. The Applicant shall obtain an encroachment license from the City Engineering Department to allow for the rollout awnings to extend into the Monarch Street Right-of-Way. 16. The uppermost floor shall be reduced to 3,200 square feet upon submittal of an application for final PUD review. Section 3: All material representations and commitments made by thc applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or dOcumentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall bc 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. FINALLY, ADOPTED, PASSED, AND APPROVED on August 23, 2004, at a public hearing before City Council. APPROVED AS TO FORM: ATTEST: