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HomeMy WebLinkAboutresolution.apz.006-05RESOLUTION NO. 6 (SERIES OF 2005) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE ST. REGIS HOTEL PLANNED UNIT DEVELOPMENT TO CONVERT 2,717 SQUARE FEET OF FOOD AND BEVERAGE SPACE TO A BACK INJURY TREATMENT FACILITY/SPA AREA ON THE PROPERTY DESCRIBED AS LOT 1, OF THE FIRST AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-182-85-001 WHEREAS, the Community Development Department received an application from the Aspen Back Institute, lnc, represented by Alan Richman Planning Services, requesting approval of a PUD amendment and an administrative GMQS exemption to convert 2,717 square feet of food and beverage space to a back injury treatment facility/ spa area in the St. Regis Hotel, Lot 1, of the first amended plat of the Aspen Mountain Subdivision/PUD, City and Townsite of Aspen; and, WHEREAS, the property owner, SLT Aspen Dean Street, LLC, provided the Applicant with a letter of consent to apply for the requested land use actions; and, WHEREAS, the subject property is located in the Lodge/Tourist Residential (L/TR) Zone District with a PUD overlay; and, WHEREAS, the back injury treatment facility/ spa use was considered as an accessory use to the operations of the hotel; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the Planning and Zoning Commission may approve, approve with conditions, or deny an amendment to an approved PUD during a duly noticed public hearing, after taking and considering comments from the general public, and after considering recommendations from the Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on February 1, 2005, the Planning and Zoning Commission approved Resolution No. 6, Series of 2005, by a six to zero (6-0) vote, approving with conditions, an amendment to the St. Regis Hotel (formerly known as the Ritz Carlton) PUD to convert 2,717 square feet of food and beverage space formerly occupied by the Whiskey Rocks Lounge into a back injury treatment facility/spa area; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, glLVIA DAVIS PITKIN COUNTY CO R 1B.O0 O 0.00 WItEREAS, the 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, WItEREAS, 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 BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a PUD amendment to the St. Regis PUD to convert 2,717 square feet of food and beverage space that formerly housed the Whiskey Rocks Lounge into a back injury treatment facility/spa area, subject to the following conditions: As was established in Condition No. 3 of Ordinance No. 25, Series of 2003, the St. Regis shall conduct a housing audit after one full fiscal year from the date of issuance of the certificate of occupancy for the remodeled spa facility, hotel rooms, timeshare units, and residence pursuant to the terms set forth in Ordinance No. 25. The back injury treatment facility/ spa area shall be included in the audit. Pursuant to Ordinance No: 25, should the housing audit show an increase in the number of employees over those mitigated for in the original PUD (331 employees, or 60% of 331 which equals 198.5 employees), the St. Regis shall return to the Housing Authority under the following terms: a. The St. Regis shall provide deed restricted, affordable housing for 60% of any additional employees of the new facilities approved in Ordinance No. 25, Series of 2003 and approved herein. b. The St. Regis shall abide by the Aspen/Pitkin County Affordable housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. The back injury treatment facility/spa shall operate generally consistent with the operations plan that was provided as Exhibit "6" (entitled "Executive Summary") in the application submitted by Alan Richman Planning Services, dated December of 2004. Significant changes to the operations plan approved herein shall require review and approval of a subsequent PUD amendment by the Community Development Director or by the Planning and Zoning Commission depending on the magnitude of the change. All activities conducted within the facility shall comply with all necessary state and federal professional licensing requirements and inspections. Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the 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 affect 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 Planning and Zoning Commission of the City of Aspen on this 1st day of February, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: ckie Lothian~ tieputy City Clerk SILVI~ DRVIS pITKIN COUNTY CO R [~.00 D 0.00