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HomeMy WebLinkAboutresolution.apz.029-04RESOLUTION NO. 29 SERIES OF 2004 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE MINOR PLANED UNIT DEVELOPMENT, SUBDIVISION, TIMESItARE, AND LODGE PRESERVATION AND AFFORDABLE HOUSING GMQS EXEMPTIONS FOR THE INNSBRUCK INN, LOCATED AT 233 WEST MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2735-124-54-001 WHEREAS, the Applicant, 233 W. Main Development Corporation, represented by Haas Land Planning, LLC, submitted an application (hereinafter "the application") requesting approval of a Minor Planned Unit Development, Subdivision, Timeshare request, and GMQS Exemptions for Lodge Preservation and Affordable Housing to remodel and expand the Innsbruck Inn, located at 233 W. Main St., Lots A-E, Block 52, City and Townsite of Aspen, into a timeshare lodge to consist of twenty-two (22) lodging bedrooms and a one-bedroom affordable housing unit; and, WHEREAS, the Community Development application met the applicable review standards, conditions; and, Department determined that the and recommended approval with WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public heating; and, WHEREAS, the Aspen 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, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on September 7, 2004, at which time the Commission considered and found the application to meet the review standards, and recommended that City Council approve with conditions an application for Minor Planned Unit Development, Subdivision, Timeshare, and GMQS ExemptiOns for.Lodge Preservation and the. development of an Employee Housing Unit, by a vote of four to one (4 to 1) for the Innsbruck Inn, located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen; and, WHEREAS, the Aspen 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: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Planning and Zoning Commission hereby recommends that City Council approve Minor Planned Unit Development, Subdivision, Timeshare, and Lodge Preservation and Affordable Housing GMQS Exemptions for the Innsbruck Inn, a property located at 233 West Main Street, Lots A-E, Block 52, City and Townsite of Aspen, to expand and convert to a timeshare lodge consisting of twenty-two (22) lodging bedrooms and a one-bedroom affordable housing unit, with the following conditions: A final Subdivision/PUD agreement shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by the Historic Preservation Commission (the HPC). A final Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval granted by the HPC and shall include the following: A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. bo An illustrative site .plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: 6,000 No requirement 60 feet 4 Feet for building/1.5 Feet for 2nd Floor Decks, 0 Feet for Planter Box and Monument Signage Wall 4 Feet for building/0 Feet for 2nd Floor Decks and Roof Overhangs 13.5 Feet (Railroad Tie Retaining Wall to ROW) No Requirement 25 Feet No Requirement Per Final PUD Plans .985:1 Per Final PUD Plans 0.26 spaces per bedroom (6 spaces and 23 total bedrooms, including one Affordable Housing bedroom) (This represents the Parking Option of removing the parking spaces accessed from Main Street without replacing them on 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution, as well as the Final HPC Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. do A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. A 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. o o o f. A construction management plan pursuant to the requirements specified in Condition No. 21 included herein. go A fugitive dust control plan to be reviewed and approved by the Environmental Health Department, as detailed in Condition No. 15 included herein. Throughout the structure, the Applicant shall install a fire alarm system meeting the requirements of the Fire Marshal. The Applicant shall also install a fire sprinkler system that meets the requirements of the Fire Marshal. Prior to issuance of a building permit: The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. The Applicant shall convey an undivided fractional interest (one-tenth of one percent (0.1%)) in the ownership of the deed-restricted employee housing to the AsperffPitkin County Housing Authority for the purposes of complying with rent control legislation and common law. To satisfy rent control issues, the Applicant may submit an alternative option acceptable to the City Attorney. Conveyance of the undivided fractional interest in the affordable housing unit shall occur prior to issuance of a certificate of occupancy on the reconfigured and expanded lodge. If the Applicant conveys an interest in the affordable housing unit to the Housing Authority as described in Condition No. 7 above (rather than an alternative acceptable to the City Attorney), the Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to the Housing Authority's ownership in the deed restricted employee-housing unit. Prior to issuance of a building permit, the Applicant shall record a deed restriction for the employee-housing unit. The employee-housing unit shall be deed restricted at the Category 2 rental rate, but since the unit is included in the lodge itself and intended to house employees of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staff prior to the completion of construction 10. 11. 12. 13. 14. 15. 16. to establish mutually acceptable lease terms for employees whose units are attached to the business. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. The Applicant shall repair any cracked or uneven sections of sidewalk adjacent to the property and improve the sidewalk, curb, and gutter in the adjacent public right-of-way along Main Street and along South Second Street to meet the City Engineering Department's Standards, which includes replacing the Main Street gutter system adjacent to the Innsbruck property to provide a gutter with a slope that meets the City Engineer's specifications. The curb along Main Street adjacent to the subject property shall be improved to a six (6) inch vertical curb. The Applicant shall extend the sidewalk that exists adjacent to South Second Street across the alleyway with six (6) inch thick reinforced concrete. The Applicant shall also install a concrete driveway ramp meeting the City Engineer's standards from South Second Street to the sidewalk that is to cross the alleyway. The Applicant shall pay the appropriate Street Impact Fees to the City of Aspen for excessive wear to the streets caused by construction traffic as determined by the Engineering Department. The Applicant shall be required to show plans for all improvements, snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carded out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required with the submittal for building permits. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: The City Forester or his/her designee must inspect this .fence before .any construction activities commence. 17. 18. 19. 20. 21. 22. 23. 24. 25. bo No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Applicant shall install a tree root barrier on the trees that are to be planted within ten (!0) feet the sidewalk, curb, and gutter to prevent future root damage and sidewalk upheaval. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. If new sewer lines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) to sanitary sewer lines shall be allowed. All improvements below grade shall require the use of a pumping station. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. There will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans that are consistent with the City Construction Management Plan Guidelines at the time of building permit submittal. The Applicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to serving food in the multi-purpose room. If determined to be necessary by the Aspen Consolidated Sanitation District, the Applicant shall install an oil and grease interceptor in the multi-purpose room/kitchen. The Applicant shall join any future improvement districts that are formed to complete future City approved improvements to the adjoining/ surrounding right-of-ways. All exterior lighting shall meet the City of Aspen Lighting code pursuant to Land Use Code Secti'on 26.575.150, Outdoor Lighting, as may be amended from time to time. All design, installation, and maintenance of the pool and spa must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations." Pool water shall be drained directly into the sanitary sewer and shall not be drained into the storm sewer. The Applicant must have the Aspen Consolidated Sanitation District approve the drain size for the swimming pool and spa before installing them. 26. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. 27. The Applicant shall pay the applicable school land dedication fees as determined by the City of Aspen Zoning Officer prior to building permit issuance. 28. All unsold timeshare units that are not used by the Applicant for exchange, marketing or prOmotional purposes shall be made available for short-term rent until purchased. This condition shall be included in .the PUD/Subdivision Agreement to be recorded in the Pitkin County Clerk and Recorder's Office. 29. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. The Applicant shall submit timeshare documents to the City Attorney for review and approval, prior to recording them at the office of the Pitkin County Clerk and Recorder. 30. The Applicant shall maintain the option of signing up to two (2) on-street parking spaces adjacent to the Innsbruck Inn as short-term drop-off parking for guests checking in and checking out. If the Applicant chooses to sign up to two (2) on-street parking spaces as short-term drop-off parking, they may sign the spaces either on Main Street or South Second Street. Section 2: All material representations and commitments made by the Applicant pursuant to the development approvals awarded herein, whether in public hearing or documentation presented before the Aspen Planning and Zoning Commission, 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 3: 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 4: 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 COMMISSION at its regular meeting on the 7th day of September, 2004. APPROVED AS TO FORM: City'Attorney PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair '~ ~} ATTEST: ian, Deputy City Clerk