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HomeMy WebLinkAboutresolution.apz.028-04 09/09/2004 10: SlLVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00 RESOLUTION NO. 28 (SER~ES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW AND 8040 GREENLINE REVIEW FOR THE RESIDENCES AT LITTLE NELL AND OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, SUBDIVISION, CONDOMINIUMIZATION, TIMESHARE, AND AMENDMENT TO THE OFFICIAL ZONING MAP FOR THE RESIDENCES AT LITTLE NELL, LOCATED AT 535 DEAN AVENUE, AND AN AMENDMENT TO THE LITTLE NELL SPECIALLY PLANNED AREA, LOCATED AT 675 EAST DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID (Tipple Lodge Parcel): 2737-182-36945 Parcel ID (Tipple Inn Parcel): 2737-182-36291 Parcel ID (Tippler Parcel): 2737-182-96033 Parcel ID (Conservation Parcel): 2737-182-36877 Parcel ID (Aspen Skiing Company Parcel): 2737-182-00080 Parcel ID (Little Nell Hotel Parcel): 2737-182-50102 Parcel ID (Henn Residence): 2737-182-96002 Parcel ID (Anderman Residence): 2737-182-96005 Parcel ID (Jacoby Residence): 2737-182-96004 Parcel ID (Westpac Residence): 2737-182-96003 WHEREAS, the Community Development Department received an application from the Aspen Land Fund, LLC (AppliCant), represented by Sunny Vann of Vann Associates, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare approval, Special Review, an Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review for the Residences at Little Nell Planned Unit Development; and, WHEREAS, the application submitted for the Residences at Little Nell (plans dated May 1, 2004) proposes a 108,000 square foot, multi-story structure consisting of 24 timeshare units, 8 hotel rooms, 2 condominium units, 8 affordable housing units, approximately 8,900 square feet of commercial and ancillary space, and a 70 space sub- grade parking garage; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, P&Z Resolution No. 28, Series of 2004. Page 1 09/09/2004 10: 1SA $ILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00 WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Shi~di~i~iofi, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.430 of the Land Use Code, Special Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.435 of the Land Use Code, 8040 Greenline Review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map, Section 26.440 (Special Planned Area & Amendment), Section 26.445 (Final Planned Unit Development), Section 26.470 (Growth Management Quota System Exemptions), Section 26.480 (Subdivision and C°ndominiumization), Section 26.590 (Timeshare) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, at their regularly scheduled meeting on June 2, 2004, the Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval with conditions to City Council to approve the proposed affordable housing mitigation and replacement units for the Residences at Little Nell; and WHEREAS, Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on August 3, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to August 10, 2004; then continued it to August 17, 2004 where the Planning and Zoning Commission approved the request for Special Review and the 8040 Greenline Review and recommended City Council approve the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map, and Special Planned Area Amendment by a four to zero (4-0) vote, with the findings and conditions listed hereinafter; and, P&Z Resolution No. 28, Series of 2004. Page 2 Page: 3 o¢ 12 Og/Og/2004 10: ~ILVIA DAVIS PITKIN COUNTY CO R ~01.00 O 0.00 WHEREAS, the Planning and Zoning Commission finds that the development review standards for a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Special Review, Amendment to the Official Zoning Map, Special Planned Area Amendment, and 8040 Greenline Review plan have been met, as long as certain conditions are implemented; 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 that the Planning and Zoning Commission approves the Special Review and 8040 Greenline Review and that the Planning and Zoning Commission recommends that the City Council approves the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Condominiumization, Timeshare, Amendment to the Official Zoning Map, and Special Planned Area Amendment for the Residences at Little Nell, subject to the conditions listed below. Section 1: Rezoning The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect Lot # 1 of the Residences at Little Nell as included in the Commercial Lodge (CL), Conservation (C), and Lodge Tourist Residential (LTR) zone districts, as depicted in Exhibit A to this Resolution and to be more precisely delineated on the Zoning Map of the Final PUD Plans. Section 2: Project Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: P&Z Resolution No. 28, Series of 2004. Page 3 Page: 4 of' 12 09/09/2004 10: SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00 Minimum Lot Size 66,737 Square Feet Minimum Lot Area per Dwelling Unit No requirement Maximum Allowable Density No requirement Timeshare units Lodge Units Residential Units Minimum Lot Width 24 units, comprised of 19 three-bedroom units and 5 four-bedroom units. 16 of the timeshare units include "lock-off" units for a total of 40 rentable divisions. 8 units Minimum Front Yard Setback 0 feet Minimum West Side Yard Setback . 0 feet Minimum East Side Yard Setback Minimum Rear Yard Maximum Site Coverage Maximum Height Min. Distance between Buildings Min. Percent of Open Space Allowable External Floor Area Minimum Off-Street Parking Spaces 2 Free-market units. Also see Section 9 8 Affordable Studio units. Also see Section 8 206 feet measured along the Dean Avenue right-of-way. 0 feet 4 feet As represented on Final PUD Development Plan. Reference drawing #9 of application. As represented in Final PUD Plans. Also see Section 3. Reference drawing #30 of application. No Requirement 0 percent, provided areas outside the building footprint shall only be developed according to the Final PUD Development Plan. Reference drawing #9 of application. 108,000 square feet. 2 short-term space within the porte-cochere 70 spaces within the underground parking garage. Reference drawings # 10 and # 11 of application. Section 3: Height Plan The Final PUD Plans shall include a height plan depicting the height of the building at various points relative to the lower of existing or proposed grade and relative to a fixed elevation control point. Section 4: Multi-Family Housing Replacement Program The Development Order issued commensurate with final approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - MUlti- Family Housing Replacement Program. P&Z Resolution No. 28 Series of 2004. Page 4 Page: ~5 o~ :12 09/09/2004 10: 15~ STLVZA DAVZS PZTKIN COUNTY CO R s:1.ee 0 e.ee Section 5.' Impact Fees Park Impact Fees of $58,315.95 shall be assessed. Amendments to the Project shall include an adjustment to this impact fee according to the following schedule: Park Fees - Proposed Development: 8 Studio affordable housing units ~ $1,520 per unit = $12,160 8 studio lodge units~ $1,520 per unit = $12,160 19 three-bedroom lodge units ~ $3,634 per unit = $69,046 5 four-bedroom lodge units ~ $3,634 per unit = $18,170 2 four-bedroom residential units ~ $3,634 per unit = $7,268 8,900 square feet of Commercial ~ $1,785 per 1,000 s.f. = $15,886.50 Total = $134,690.50 Park Fees - Credit for Existing Development: 2 Studio residential units~ $1,520 per unit -- $3,034 10 studio lodge units~ $1,520 per unit = $15,200 3 one-bedroom units~ $2,120 per unit = $6,360 9 two-bedroom units~ $2,725 per trait = $24,525 1 four-bedroom unit~ $3,634 per unit = $3,634 13,230 square feet of commercial ~ $1,785 per 1,000 s.f. = $23,615.55 Total Credit = ($76,374.55) Total Park Impact Fee Due = $58,315.95 School Impact Fees shall be assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen shall verify the unimproved land value of the lands underlying the Project from recent transactions and information from the Pitkin County Assessor. The subject subdivision is not condUcive to locating a school facility and a cash2in-lieu payment shall be accepted. School Impact Fees shall be specified prior to final approval. Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Standards The applicant shall comply with the Aspen COnsolidated sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. All improvements below grade shall require the use of a pumping station. P&Z Resolution No. 28, Series of 2004. Page 5 SILVIA DAVIS PtTKIN COUNTy CO R 61.00 D 0.00 Section 8: Affordable HousinF. --~ The applicant shall provide affordable housing mitigation for 60 Full-Time Equivalents in the £ollowing manner: · Eight studio rental units to be constructed on site and restricted to Category 2. · Fifteen traits to be provided by the "buy down" of the Obermeyer Resident Occupied (RO) one-bedroom units. Seven of these units shall be Category 2 and eight shall be Category 3, · Eight three-bedroom for-sale units to be constructed at the Aspen Airport Business Center (AABC), known as the Alpine Grove Condominiums. Three of these units shall be Category 2 and 5 shall be Category 3. 501719 Page: 6 of' 12 09/09/2004 10: The applicant shall provide a "receipt" or letter from the Obermeyer developer indicting good faith pursuit of the Buy Down Agreement prior to the public hearing for the Residences with City Council. The applicant shall receive final approval from Pitkin County for the required mitigation housing project located in the AABC in Pitkin County (known as Alpine Grove Condominiums) prior to final City Council approval for the Residences at Little Nell. A Certificate of Occupancy for the Residences at Little Nell shall not be issued until such time as Certificates of Occupancy for the deed restricted affordable housing units, which are required for mitigation, have been issued. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the' APCHA Guidelines and the Obermeyer buy-down units shall be governed by the City Council approvals for the project. The applicant shall structure- a deed restriction for the eight on-site studio rental units such that 1/10th of 1% of those units are deeded in perpetuity to the APCHA; or the applicant may propose any other means that that APCHA determines acceptable. Employees to be housed in the deed-restricted units shall meet the minimum occupancy requirements under the APCHA Guidelines. The deed restriction shall be filed concurrently with the submission of the condominium map to the City of Aspen and shall abide by all restrictions as stated in the Guidelines. Section 9: Conversion of Free-Market Residential Units to Timeshare Units The two free market condominium units may be condominiumized and sold as wholly- owned residential units and occupied on a short- or long-term basis. These two units may be converted and included as part of the timeshare use plan pursuant to an Insubstantial PUD Amendment. Section 10: Subdivision Plat & Final PUD Plans Within 18 0 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. P&Z Resolutio~ No. 28, Series of 2004. Page 6 Page: T of' 12 09/09/2004 10: 1SA SILVIA DAVIS PITKIN__ COUNTY CO R 61.00 O 0.00 The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: 1. The final property boundaries and disposition of lands to be dedicated to the Dean Street right-of-way. 2. The location of Revocable Encroachments for physical improvements within public rights-of-way with reference to agreements and licenses appended to the PUD Agreement. 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way. 4. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised street and parcel botmdaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: 1. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 3. Design specifications and profiles for the Dean Street improvements. 4. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, projections, and locations of projections such as elevator shaft heads, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. 5. Floor plans of each level depicting unit divisions and plaza level improvements. 6. A utility plan meeting the standards of the City Engineer and City utility agencies. 7. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer (also see Sectionl 1, condition 81) 8. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 11: Subdivision/PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to P&Z Resolution No. 28, Series of 2004. Page 7 09/09/2004 10: SILVIA DAVIS PITKIN COUNTY ¢0 R 61.00 D 0.00 this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. Operating specifications for the Commercial and Accessory Uses consistent with the proposed requirements as outlined in Exhibit B to this Resolution. 2. Revocable Encroachment agreements and licenses for physical improvements within public rights-of-way with reference to their locations depicted on the Subdivision Plat. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. The agreement shall include a maintenance and operating agreement for Dean Street. 5. A Construction Management Plan (CMP) acceptable to the Community Development Engineer. (A draft plan is part of the application.) 6. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure and provisions for noticing the City Streets Department, the City Engineering Department, utility providers (including City agencies), and emergency service providers. 7. An agreement to return Galena Street to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A final two-inch overlay may be necessary. In the alternative, the applicant may pay a one-time payment concurrent with receipt of a building permit of $7,950 into the City street maintenance fund (an amount equal to the cost of a 2" asphalt overlay over half the width of Galena Street along the frontage of the Little Nell property to Durant Street). 8. Costs of project-related off-site drainage improvements done in coordination with the City Engineering Department shall be determined by the City Engineer and prorated with other properties receiving such benefit and shall be payable concurrent with receipt of a building permit. 9. In order to secure the performance of the construction and installation of improvements in the public rights-of-way, the landscape and public facilities perfor'mance security shall include and secure the estimated costs of proposed right-of-way improvements. Section 12: Building Permit Requirements The building permit application shall include/depict: 1. A signed copy of the ftnal Ordinance granting land use approval. 2. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. P&Z Resolution No. 28, Series of 2 004. Page 8 Page: 9 of 12 09/09/2004 10:15A SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00 A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal mitigation payment of $27,645.31. This figure represents the difference between the assessed value of trees to be removed and the cost estimate to supply and install the proposed trees and native vegetation. Amendments to the plan shall require a recalculation. 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary,, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 7. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department would strongly prefer that the applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. (A study has been 'submitted and is under review by the City. This condition will be removed or amended accordingly prior to final review by City Council.) 8. A study that demonstrates, to the City Engineer's satisfaction, the impact that potential mud flows will have on the proposed buildings and that the structures are designed to minimize the damage caused by mud flows. Grading must provide a pathway for mudflows around the uphill side of the building. (A study has been submitted and is under review by the City. This condition will be removed or amended accordingly prior to final review by City Council.) 9. A construction site management and parking plan meeting the specifications of the City Building Department. (A study has been submitted and is under review by the Citv. This condition will be removed or amended accordingly prior to final review by City Council.) 10. The applicant shall submit a Soil Suitability and Slope Stability Analysis by a licensed engineer with a specialty in geo-technical sciences. At a minimum, such report shall determine the feasibility of excavating the hillside and identification of any necessary mitigation during construction of the lodge to protect adjoining properties from damage. In addition, the report shall include a baseline for slope stability prior to any excavation, establish a monitoring program to be implemented throughout the construction and for two years after completion of construction using accepted engineering standards approved by the City of Aspen, including, without limitation, review of all soils, engineering designs, de-watering plans, and other applicable standards. (A study has been submitted and is under P&Z Resolution No. 28. Series of 2004. Page 9 11. Page: 10 of 12 09/09/2004 ~.0: '15~ SILVIA DAVIS PITKIN COUNTY CO R 61.00 O 0.00 review by the City. This condition will be removed or amended accordingly prior to final review by City Council.) The roof plan shall demonstrate substantial compliance with the representations made by the applicant with regard to limiting the rooftop mechanical equipment o~nd the use of non-reflective roofing material. Prior to issuance of a building permit: 1. All tap fees, impacts fees, and building permit fees shall be paid. 2. The location and design of standpipes, fire sprinklers, and alarms acceptable to the Fire Marshall. shall be Section 13:PM10 Mitigation Plan In order to reduce the impacts of PM10 generated by the project, the project shall prov~ide a shuttle service for use by the owners/guests of the Residences at Little Nell and shall advertise to their guests that need for a personal/rental car is not mandatory due to the shuttle amenitv. In addition, the Environmental Health Department recommends (but is not requiring) that the lodge and its businesses join the Transportation Options Program and provide secure covered bike storage. This PM10 mitigation plan has been accepted by the City's Environmental Health Department and no further plan shall be required. Section 14: Delivery Dock No trucking, shipping and/or receiving, service, inspection, or commercial vehicles serving the Residences at Little Nell and/or associated commercial facilities shall utilize Ute Avenue for such purposes. All shipping and receiving, service vendors, inspection, and other commercial vehicles to and from the Residences at Little Nell and its associated commercial facilities shall be only via its parking garage and/or loading dock off of Galena Street. Section 15: Condominiumization Condominiumization of the Project to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condomininmization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 16: The applicant shall explore material and color pallet changes to the southern or northern portion of the building to help break-up the massing and differentiate the tWo free-market residential units located on parcel "D" from the remainder of the project. sectiOn 17: Prior to recordation of the Final PUD plans, the Plans to be recOrded Shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. P&Z Resolution No. 28, Series of 2004. Page 10 Pa~e: 11 of' 12 09/09/2004 Section ]8: S~Lvz~ DI~VTS pTTK~N COUNTY CO [~ 61.00 D 0.00 The Project's restaurant, bar and outdoor dining terrace shall offer "apres-ski" services to the general public all days during the year that the Aspen Mountain Ski Area is open for public skiing and for a minimum of two (2) hours after the gondola closes. During all 'hours of operation, the restaurant shall be open to the general public. No memberships shall be required, although0ccasiOnal private events may be held. Section 19: 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 20: If any section, subsection, sentence, clause, phrase, or portion oftliis Resolution is for any reason held invalid or unconstitutional ina 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 Commission at its regular meeting on. ,2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ATTEST: fickie'Lothi~[~ Deputy City Clerk Exhibit A: Proposed Zoning Boundary Map P&Z Resolution No. 28, Series of 2004. Page 11 -.SILVIA DAVIS PITKIN COUNTY CO R 61.00 D 0.00 PLA~.4 HUNTER STREET The Residences at Little Nell ASPen, Cotorado FINAL PUD SUBM~TTA_ ~--~