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Home My WebLink Aboutresolution.apz.009-05RESOLUTION NO. 9 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A CONCEPTUAL PLANNED UNIT DEVELOPMENT AND A CONCEPTUAL TIMESHARE FOR THE LODGE AT ASPEN MOUNTAIN, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES AND BOUNDS TRIANGULAR SHAPED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-23-001 (Mine Dump Apartments) 2735-131-13-001 (Parcel with the Single-Family Residence) WHEREAS, the Community Development Department received an application from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates for a Conceptual Planned Unit Development and Conceptual Timeshare; and, WHEREAS, the original application submitted (dated October 1, 2003) proposed a 204,500 square foot, 121-unit, mixed use, hotel/fractional ownership project consisting of 76 hotel rooms, 29 fractional units, 4 condominium units, 12 affordable housing units, commercial and ancillary space and a total of 156 spaces in two, sub-grade parking garages; 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, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Conceptual PUD and Conceptual Timeshare and recommended approval with conditions; and, WHEREAS, during a regular meeting on Mamh 2, 2004, the Planning and Zoning Commission recommended that City Council deny, by a three to one (3-1) vote, the Conceptual PUD and Conceptual Timeshare request for the Lodge at Aspen Mountain; and, WHEREAS, the Applicant submitted an amended application on December 22, 2004, for reconsideration by the Planning and Zoning Commission; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD 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, pursuant to Section 26.590 of the Land Use Code, Conceptual Timeshare approval may be granted by the City Council at a duly noticed public heating after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval to City Council to approve the proposed affordable housing mitigation and replacement units for the project at their meeting held on November 19, 2003; and, WHEREAS, Conceptual PUD and Conceptual Timeshare 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 February 15, 2005, the Planning and Zoning Commission opened a duly noticed public heating to consider the amended project and continued the public hearing to February 22, 2005; and, WHEREAS, during a regular meeting on February 22, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing to March 29, 2005, where the Commission discussed the proposal and continued the hearing to April 5, 2005; and, WHEREAS, during a regular meeting on April 5, 2005, the Planning and Zoning Commission opened a dul~, noticed public hearing to consider the amended project and continued the public hearing to April 12, 2005; and, WHEREAS, during a special meeting on April 12, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the South Aspen Street Winter Maintenance Plan and continued the public heating on the Lodge at Aspen Conceptual PUD and Timeshare to May 10, 2005; and, WHEREAS, during a special meeting on May 10, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to June 14, 2005; and, WHEREAS, during a special meeting on June 14, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to June 21, 2005; and, WHEREAS, during a regular meeting on June 21, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to July 5, 2005; and, WHEREAS, during a regular meeting on July 5, 2005, the Planning and Zoning Commission approved Resolution No. 9, Series of 2005, by a four to one (4-1) vote, recommending that City Council approve the amended Conceptual PUD and Conceptual Timeshare application, with the findings and conditions listed herein; and, WHEREAS, Conceptual PUD and Conceptual Timeshare approval shall only grant the ability for the Applicant to submit a Final PUD and Timeshare Application and the proposed development is further subject to Final PUD review, Timeshare, Subdivision, Growth Management Quota System, Special Review, Condominiumization, 8040 Greenline approval pursuant to the Municipal Code; and, WHEREAS, The Commission finds that the development review standards for a Conceptual PUD and Conceptual Timeshare plan are met by the revised proposal, provided that the conditions established herein are complied with. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the revised Conceptual Planned Unit Development and Conceptual Timeshare application for the Lodge at Aspen Mountain allowing a 185,000 square foot, 104-unit, mixed use, hotel/fractional ownership project consisting of 82 hotel rooms, 22 fractional units, 4 condominium units, 12 affordable housing units, commercial and ancillary space and a total of 156 parking spaces in two, sub-grade parking garages, subject to the conditions established herein. Section 1: Final PUD Application The Final PUD application shall be generally consistent with the conceptual proposal and shall include the following: 1. An application for Final PUD, Final Timeshare, Subdivision, Rezoning, Special Review for Parking, Growth Management Quota System, 8040 Greenline Review, Subdivision, Timeshare, Condominiumization. A pre-application conference with a mmnber of the Community Development Department is required prior to submitting an application. Delineation of all dimensional provisions to become requirements of the PUD. A proposed subdivision plat, PUD plans, subdivision/PUD Agreement and other submittal requirements specified in Section 26.445.06003). A construction plan describing timing of construction components, areas of disturbance, contractor parking, and a physical plan for maintaining adequate access, including emergency access, to land uses remaining active during construction. The construction plan shall indicate that all construction hauling shall occur on South Aspen Street. A detailed phasing plan that describes overall timing of specific project phases, including the off-site improvements and describing construction affects on the neighboring properties. A detailed street design plan that includes provisions for slteet signage, pavement markings and pedestrian facilities. South Aspen Street adjacent to the Lodge at Aspen Mountain shall be increased in width so that the back of curb is located on the property line adjacent to South Aspen Street. Juan and Garmisch Streets adjacent to the Lodge at Aspen Mountain shall be increased in width to twenty-six (26) feet. Proposed public sidewalk easements shall be included in the final PUD plans along Garmisch and Juan Streets where public sidewalks are proposed to be constructed in conjunction with the development proposal. 8. A complete storm water management plan that includes a drainage plan and report performed by a licensed Engineer within the state of Colorado. Section 2: Juan Street Air Space Riehts As part of the final PUD application the Applicant shall submit a document outlining the terms of the use of the public air space over the Juan Street right-of-way for the private bridge. Said document will be reviewed as part of the final PUD application with the intent that it would serve as an agreement between the Applicant and the City for the use of the right-of-way. Section 3: Dean Avenue Improvements The final PUD application shall contain a detailed landscape and improvements plan for the Dean Avenue Right-of-way abutting the Lodge at Aspen Mountain property that is consistent with the Dean Street pedestrian improvements plan that Staff has initiated. Section 4: Fire Access and Mitigation The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to allow for fire trucks to pass beneath it. The Applicant shall also submit a plan for fighting fires within the project's parking garages at the time of building permit. Section 5: Outdoor Lighting and Street Lights The Applicant shall provide a detailed exterior lighting plan at time of final PUD application submittal. The exterior lighting plan shall include street lighting fixtures proposed in the adjacent right-of-ways as is required pursuant to Land Use Code Section 26.580.020(B)(1)(w), Street lights. Section 6: Air Quality The Applicant shall submit a PM-10 mitigation plan as part of the final PUD submission that includes air quality mitigation measures recommended by the City of Aspen Environmental Health Department. Section 7: South Aspen Street The Applicant shall provide the City with annual funding for an additional seasonal employee in the Streets Department during the winter and spring months to do increased snow plowing, snow hauling on South Aspen Street throughout the construction process and as long as the hotel is in operation. The Applicant shall provide a detailed plan outlining a funding amount estimate, timing of payment, method of payment for the additional Streets Department Staffperson as part of the final PUD application. In the event that City Council deems it appropriate to snowmelt South Aspen Street in relation to development of other properties accessed fi.om South Aspen Street, the Applicant shall join any future improvements district formed to improve South Aspen Street and shall study the possibility of reserving space on the property suitable to house thc mechanical equipment needed to snowmelt thc street between Conceptual approval and Final PUD submittal. Section 8: The Applicant shall submit a detailed employee housing mitigation plan as part of their Growth Management application that shall be applied for prior to or in conjunction with the Final PUD application. Section 9: 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 10: 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 by a four to one (4-1) vote at a regular meeting on July 5, 2005. APPROVED AS TO FORM: DaSd Hoefer, Asst. City ~[ttomey ATTEST: ~ackie Lothian, Deputy City Clerk PLANNING AND ZONING C(~MMISSION: Jasmine Tygre, Chair ~/Q~