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HomeMy WebLinkAboutresolution.council.011-84 RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A MULTI-YEAR LODGE GMP ALLOCATION TO THE ASPEN MOUNTAIN LODGE AND CONCEPTUAL PUD/SUBDIVISIONAPPR(~AL FOR THE LODGE PORTION OF THE ASPEN MOUNTAIN PUD Resolution No. 84- // (Series of 1984) WHEREAS, in accordance with Section 24-11.6 of the Municipal Code, October 1st of each year is established as a deadline for the submission of growth management applications for lodge development allotments within the L-l, of Aspen; and W~EREAS, in response L-2, CC and CL zone districts of the City to this provision, applications were submitted for the Lodge at Aspen and the Aspen Mountain Lodge requesting development allotments of forty-six (46) lodge units and two hundred and three (203) lodge units, respectively; and WUEREAS, a duly noticed public hearing was conducted on November 22, 1983 by the Aspen Planning and Zoning Commission to consider these lodge growth management applications and to evaluate, score and rank them in conformance with the criteria 24-11~6 of the Municipal Code, as amended by of 1983); and W~EREAS, the Commission did evaluate, score submitted as follows: Mountain Lodge - 60.71 points at Aspen - 49.50 points set forth in Section Ordinance #35 (Series and rank the applications 1. Aspen 2. Lodge ; and WHEREAS, as a result of the Commission's scoring, the Lodge at Aspen failed to receive a minimum of sixty percent (60%) of the total points available under Section 24-11.6(b) (1), (2), (3) and (4) of the Municipal Code, a minimum of fifty-one (51) points; and WHEREAS, the Aspen City Council did consider an appeal of the scoring of the Lodge at Aspen application at their December 27, 1983 regular meeting and did deny said appeal pursuant to Section 24-11.6(e) of the Municipal Code; and WEEREAS, the City Council is required to allocate, pursuant Resolution No. 84- // Page 2 to Section 24-11.6(f) of the Municipal Code, development allotments to eligible lodge applicants prior to January 1st of each year; and WHEREAS, the applicants for the Aspen Mountain Lodge agreed to defer the allocation of the 1983 lodge allotment for a reasonable period of time beyond the January 1st deadline so as to allow Planning and Zoning Commission and City Council consideration of the applicants' conceptual PUD/subdivision application; and W~EREAS, the Aspen Mountain Lodge application has been revised in response to various concerns identified by the Planning Office, the Planning and Zoning Commission and City Council so as to reduce the requested development allotment to one hundred seventy-two (172) lodge units; and W-~EREAS, the available quota for the 1983 lodge growth management competition is sixty-seven (67) lodge units, thirty-five (35) unit lodge quota for the districts plus an additional thirty-two (32) unallocated from prior years' quotas; and W~EREAS, the City Council may award, ll.3(b) of the Municipal Code, a development consisting of the annual L-i, L-2, CC and CL zone lodge units which remain pursuant to Section 24- allotment for an entire project to be constructed year during the scheduled construction the for in Section 24-11.1(b) is reduced by permitted by the approval; and over a period of years provided that each annual allotment provided the amount of construction WHEREAS, certain additional reviews and approvals are required by the Aspen Mountain Lodge pursuant to the subdivision and zoning regulations of the Municipal Code including, but not limited to, the following: 1. Conceptual PUD/subdivision approval for the lodge component of the Aspen Mountain PUD. 2. An exemption from the City's growth management allotment procedures for the reconstruction of two hundred seventy- five (275) existing lodge units located on the Aspen Mountain PUD site. ; and Resolution No. 84-// Page 3 WHEREAS, the City Council did consider the applicants' request for conceptual PUD/subdivision approval for the lodge component of the Aspen Mountain PUD at a study session held on January 11, 1984, and at subsequent regular meetings held on January 23rd, January 30th, February 6th, February 21st and on March 5th, 12th, 19th and 26th, 1984; and W~EREAS, the Planning Office and Building Department have verified, pursuant to Section 24-11o2(a) of the Municipal Code, two hundred thirty-three (233) existing lodge site which may be reconstructed exempt allotment procedures; and units on the Aspen Mountain PUD from the City's growth management WHEREAS, an additional forty-two (42) for verification pending the settlement of between the Cantrup Estate and the City of Aspen. NOW, THEREFORE, BE IT RESOLVED of Aspen, Colorado: Section 1 That it does hereby allocate, of the Municipal Code, a development two (172) lodge units to the Aspen to consist of the following: 1. The thirty-two (32) lodge units are eligible outstanding litigation the City Council of the City pursuant to Section 24-11.6(f) allotment of one hundred seventy- Mountain Lodge, said allocation from prior years' quotas; and 2. Thirty-five (35) units each from the 1983, 1984, 1985 and 1986 L-l, L-2, CC and CL lodge quotas. The above allocation shall expire, pursuant to Section 24-11.7(a) of the Municipal Code, in the event plans, specifications and fees sufficient for the issuance of a building permit for the one hundred and seventy-two (172) lodge units are not submitted on or before June 1, 1985. The City Council's reasoning with respect to the above allocation reflects the following considerations: 1. The need, as outlined in the Planning Office's 1982 draft Short-Term Accommodations Report, to substantially upgrade the quality of the community's lodging accommodations while maintaining a balance between the quantity of our accommodations and the capacity of our ski areas. lodge units which remain unallocated Resolution No. 84- ?/ Page 4 The 1973 Aspen Land Use Plan identifies the Aspen Mountain Lodge site as the most appropriate location for the development of new short-term accommodations. The opportunity for additional lodge development in the L-l, L-2, CC and CL zone districts, beyond that proposed by the applicants, is limited given the remaining availability of undeveloped parcels and the relatively limited expansion capability of the districts' existing lodges. Although there are potential growth impacts on the community associated with the award of a multi-year allocation in the amount required by this project, such an allocation is justified given the off-setting benefits which are expected to accrue to the community and the fact that the project's construction schedule will help mitigate potential impacts. Be The approval of a single major project will have the effect of confining construction to one time period rather than piecemeal phasing of numerous small projects over many years. The entire Aspen Mountain Lodge district will benefit from a project of this magnitude as a result of the applicants' commitment to participate pro rata in the Commercial Core and Lodging Commission's proposed lodge improvement district. A desire to ensure the availability of lodge quota for future competitions in the event the proposed hotel is unable to proceed in a timely manner. Section 2 That it does hereby grant conceptual PUD/subdivision approval pursuant to Sections 20-10 and 24-8.7 of the Municipal Code, to the lodge component of the Aspen Mountain PUD, as revised, subject to the following conditions: The applicants continuing to explore architectural treatments of the lodge buildings as well as other techniques which could be employed to give the appearance that, although under common ownership and/or management, that there is more than one lodging facility on the site. The external floor area of the lodge component of the Aspen Mountain PUD (i.e., Lot 1) not exceeding 310,275 s.f. and the external floor area for the entire PUD (i.e., Lots 1, 2, 3 and 4) not exceeding 438,200 s.f. The height of the proposed hotel not exceeding forty-two (42) feet from natural grade to the midpoint of the roof with the exception of elevator tower areas which shall not exceed fifty-five (55) feet from natural grade to the midpoint of the roof. The applicants' resolution of the Fire Department's concerns with respect to the accessibility of certain internal areas of the lodge site for fire protection purposes. Written clarifications as to which substantive representations of the TDA, Associates traffic and parking analysis the applicants intend to implement as part of the Aspen Mountain PUD, in particular, further clarification with respect to those techniques designed to mitigate the potential impacts of peak occupancy on adjacent streets. Resolution ~:o. 84- // Page 5 t 10. 11. 12. 13. 14. 15. 16. 17. 18. Written clarifications as to the nature and extent of the improvements to be undertaken by the applicants in support of their request for the vacation of various public rights- of-way and the granting of encroachment licenses necessitated by the Aspen Mountain PUD. The vacation of Dean Street being conditioned upon the retention of all utility rights, public use of the street for circulation purposes, and the submission by the applicants of an acceptable maintenance and use agreement between themselves and the Mountain Chalet. Each utility franchised proposed street vacations of these rights-of-way will current or future needs. in the City signing off on all so as to ensure that the loss not interfere with each utility's The applicants' submission of a detailed subdivision plat indicating the specific parceling of the Aspen Mountain PUD site. The applicants' submission of an acceptable survey of the Aspen Mountain PUD site clarifying property descriptions. The applicants' resolution of the various issues raised by the Environmental Health Department in their memorandum of October 22, 1983, with respect to various specific details of the proposed hotel operation. The reconstruction of existing lodge units being limited to the two hundred seventy-five (275) units verified pursuant to Section 24-11.2(a) of the Municipal Code, being accomplished within five (5) years of the date of demolition and being restricted to the Aspen Mountain PUD site. Written clarification as to the applicants' intentions with respect to ownership of the proposed hotel vis-a-vis how the hotel will be managed. The applicants continuing to investigate solutions to the problem of increased pedestrian congestion in the project area, in particular, the move of pedestrians between the proposed hotel, Rubey Park and the adjacent commercial core. The applicants' participation in the proposed CCLC lodge improvement district, said participation to be on a pro rata basis or on such other basis as the district may deter- mine. The above conditions being met prior to preliminary PUD subdivision approval. Ail material representations of the applicants' growth management and conceptual PUD/subdivision applications not specifically referred to above being made a condition of this approval. City Council's reservation of the right to amend or otherwise modify the above conditions in conjunction with its conceptual PUD/subdivision review of the remaining components of the Aspen Mountain PUD. Resolution No. 84- // Page 6 19. The expiration of Council's conceptual PUD/subdivision approval, pursuant to Section 24-8.8 of the Municipal Code, in the event a preliminary PUD/subdivision application is not submitted pursuant to the provisions of Section 24-8.11 within six (6) months of the date of this resolution. APPROVED by the City Council of the City of Aspen, Colorado, at their regular meeting on April 2, 1984. ASPEN CITY COUNCIL William Stir ling,~ ATTEST: Kathryn Ko/ih, City Clerk