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HomeMy WebLinkAboutresolution.council.050-05RESOLUTION NO. 50 (SERIES OF 2005) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING THE LIMELITE LODGE CONCEPTUAL PLANNED UNIT DEVLOPMENT ON THE LIMELITE LODGE, DEEP POWDER LODGE, AND SNOWFLAKE INN PROPERTIES, DESCRIBED AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D-I AND LOTS O-S, BLOCK 76, CITY AND TOWNSITE OF ASPEN, AND LOTS A-I, BLOCK 77, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-182-19-001 Parcel No. 273 7-131-05-001 Parcel No. 2737-182-18-001 Parcel No. 273 7-073-42-001 WHEREAS, the Commtmity Development Department received an application from Limelite Inc. and Limelite Redevelopment LLC, owners, represented by Steve Szymanski, requesting approval of a Conceptual Planned Unit Development to construct 128 "moderately priced and sized" lodge units and eighteen (18) free market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A-I, Block 77, City and Townsite of Aspen; and, WHEREAS, the subject properties contain approximately 64,000 total square feet and are located in the Lodge Zone District; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the City Council may approve, approve with conditions, or deny a Conceptual Planned Unit Development request during a duly noticed public heating after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, during a continued public hearing on July 5, 2005, the Aspen Planning and Zoning Commission approved Resolution No. 20, Series of 2005, by a four to one (4-1) vote, recommending that City Council approve the Limelite Lodge Conceptual PUD application to construct 128 lodge rooms and 18 free market residential dwelling units on the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn Properties, with the conditions contained therein; and, WHEREAS, during a duly noticed public heating on July 11, 2005, the Aspen City Council continued review of the Limelite Lodge Conceptual PUD to July 25, 2005; and, WHEREAS, during a continued public heating on July 25, 2005, the Aspen City Council continued review of the Limelite Lodge Conceptual PUD to August 8, 2005 after expressing concerns about the height and massing of the development proposal; and, WHEREAS, the Applicants submitted revised design options for City Council's consideration at the August 8, 2005 hearing; and, WHEREAS, during a continued public hearing on August 8, 2005, the Aspen City Council continued review of the Limelite Lodge Conceptual PUD to August 9, 2005; and, WHEREAS, during a continued public heating on August 9, 2005, the Aspen City Council approved with conditions, by a four to one (4-1) vote, the Limelite Lodge Conceptual PUD application to construct up to 128 lodge rooms and 18 free market residential dwelling units on the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn Properties; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen City Council 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, the Aspen City Council 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 CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Limelite Lodge Conceptual PUD to construct up to 128 lodge units and eighteen (18) free market residential units, subject to the conditions contained herein. Section 2: Final PUD Application The Applicants shall submit an application for final PUD review and the required associated land use requests within one year of gaining conceptual PUD approval. The final PUD application shall include the following items, in addition to the submittal requirements for each necessary associated review as are described in the land use code: 1. Detailed utility, landscaping, and drainage plans. The utility plan to be submitted with the final PUD application shall include the snowmelt service lines and access points. The service lines shall be planned in a manner that will not require trenching under existing trees or under proposed landscaping. Existing sanitary sewer service lines serving the property shall be abandoned at the main line and shall be excavated. The utility plan shall also indicate only one water tap to the main water line per building. The existing water services line shall be abandoned at the main line and shall be excavated. If excavation in the streets surrounding the project are necessary for the installation of utilities, the Applicants shall be required to repave half the width of the street adjacent to their properties where the utility installation is occurring. The landscaping plan to be submitted with the final PUD application shall include a detailed tree protection plan and a right-of-way irrigation plan. The landscaping plan shall not contain multi-stem plants and shrubs in the public right- of-way. The drainage plan to be submitted shall have been prepared by a licensed engineer. The drainage plan shall not show any clear water connections and the drainage system shall route site drainage to the nearby City storm drains. Roof drains shall discharge onto landscape areas and not directly into the storm sewer. The intent of this condition is to ensure that the developers of major building projects that are occurring simultaneously in and around downtown Aspen work together to limit the cumulative impacts of construction to the greatest extent possible. A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. The Applicants shall also provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, the 210 E. Cooper Condominiums, the Park Central Condominiums, the Park Central West Condominiums, and the Towne Place of Aspen Condominuims. Street closures concurrent with significant public events in Wagner Park shall be avoided to the greatest extent possible. The final PUD application shall also include a PM-10 Mitigation Plan that includes the following methods of PM-10 mitigation: a. Sell the residential units with only one parking space per unit and require that purchasers of a unit be required to pumhase a second space at an additional cost. b. Provide free RFTA bus passes to all employees. c. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. d. Provide guest bike fleet and secured, covered bike storage on the site. The final PUD application shall include a traffic report that contains a level of service analysis based on peak season traffic counts to determine the impact of the development on surrounding intersections. In conjunction with the submittal of the traffic report, the Applicants shall submit a mitigation plan to mitigate for the impacts of the increased traffic on pedestrian safety. Methods of' mitigation could include improving the pedestrian crosswalks and ramps at the comer of South Aspen Street and E. Hyman Avenue and at the comer of E. Copper Avenue and South Aspen Street to meet ADA requirements. Section 3: Fire Mitigation The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall in both the residential and lodge developments. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. The Applicants' design team shall meet with the Fire Marshall to formulate a plan for fighting fires in the below-grade parking garage structures prior to final PUD submittal. Section 4: Water Department Requirements The Applicants shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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 Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Each residential unit shall have an individual water meter. Section 5: Aspen Consolidated Sanitation District Requirements The Applicants shall comply with the Aspen Consolidated Sanitation District's mles and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of-way above ACSD main sewer lines. Section 6: Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Section 7: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi-family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Section 8: Exterior Lighting All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 9: Wildlife Trash Containers The Applicants shall install a wildlife-proof trash container meeting the requirements of the Environmental Health Department. Section 10: Dimensional Requirements The final PUD submittal shall contain a development plan with dimensional requirements that are substantially consistent with the dimensional requirements approved in the conceptual PUD. The dimensional requirements approved in the conceptual PUD are as follows: Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Front 0 Feet Yard Setback Minimum Side Yard 0 Feet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Up to 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc. Minimum Percent 75% Maximum Site Open Space Coverage Allowable External Up to 2.35:1 FAR Minimum Off-Street .4 Parking Spaces per Parking Lodge Unit 2 Parking Spaces per Residential Units Section 11: GMQS Implications and Employee Housin~ Mitieafion The Applicants shall submit a growth management application prior to or in conjunction with the final PUD application in order to obtain sufficient development allotments for the proposed increase in lodge rooms and f~ee market residential units. The growth management application shall include a plan for conducting an employee audit on the lodge component of the development within 30 days of the second anniversary of the issuance of the certificate of occupancy, under the following terms: a. The Applicants shall provide an up-to-date report on the current employees at the time of final plat. b. The Applicants shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. c. The Applicants shall be fully responsible for all fees associated with retaining an auditor. d. The audit shall occur within 30 days of the second anniversary of the issuance of the certificate of occupancy. The growth management application shall also provide a plan to mitigate for the employee housing requirements generated by the residential portion of the development pursuant to the requirements of Land Use Code Section 26.470, Growth Management Quota System. If the proposed plan for employee housing mitigation provided in the growth management application substantially alters the dimensional requirements from those approved herein for the subject properties, the Applicants will be required to amend their conceptual approvals to reflect a substantial change in the dimensional requirements prior to commencing review of a final PUD application. Section 12: Lodge Employee Audit Should the housing audit referenced in Section 11 show an increase in the number of employees over the forty (40) full-time employees (Limelite Lodge, Deep Powder Lodge, and Snowflake Inn currently have 42 full-time employees and had 48 full-time employees prior to consolidating ownership, of which 2 or 8 shall be credited to the free market residential component in order to lower it's employee housing mitigation requirements as shall be determined by the Planning and Zoning Commission in reviewing the growth management application that will be submitted in conjunction with the final PUD application) that are anticipated to operate the new lodge, the Applicants shall return to the Housing Authority under the following terms: a. The Applicants shall provide deed restricted, affordable housing or cash-in-lieu thereof according to the schedule in effect at the time of final PUD approval to mitigate for the additional employees. b. The Applicants shall abide by the AsperffPitkin 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. d. The Applicants shall submit a plan with the final PUD application, proposing affordable housing mitigation options in the case that the employee audit shows more than 40 full-time employees. The plan shall also specify who will be responsible for fulfilling these mitigation options. Section 13: Alley Vacation Requirements The Applicants shall apply to vacate the eastern half of the alleyway located in Block 76, of the City and Townsite of Aspen prior to Final PUD application. In conjunction with the request to vacate the alleyway, the Applicants shall provide a plan for rerouting the 3-phase electrical cimuit that currently exists in the alley serving the remainder of the properties in Block 76. The Applicants shall also make provisions to provide uninterrupted electrical services to the other properties located in Block 76. The rerouting plan shall be submitted for review as part of the Final PUD application. The Applicants shall also fund the relocation of the main sanitary sewer line that currently serves the Prospector Lodge. Section 14: Landscaping The Applicants shall submit a detailed landscaping plan as part of the final PUD application. This landscaping plan shall include a plan for fight-of-way landscaping and irrigation. The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. The Applicants shall preserve the existing Cottonwood tree located on the comer of South Monarch Street and East Hyman Avenue and the large Cottonwod tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. The Applicants shall also remove the three (3) conifers located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Avenue. A maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be planned excavation within or adjacent to their driplines. Section 15: Food Service Facilities Food service plans meeting the requirements of the City of Aspen Environmental Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License. Section 16: Pool and Spas All design, installation, and maintenance of the pool and spa shall comply with the Colorado Department of Health's "Swimming Pool and Mineral Bath Regulations". The Aspen Consolidated Sanitation District shall review and approve the drain size for the swimming pool facility prior to installation. Section 17: Snow Storage and Removal The final PUD application shall contain a snow storage plan identifying sufficient snow storage room in the alley and a large enough area for a snowplow to turn around in the alley. The final PUD application shall also contain tapered curb lines leading into the comer bulb outs proposed in the South Monarch Street and East Hyman Avenue right-of-ways for snow plowing purposes. Section 18: Deep Powder Lodge Buildings The City and the Applicants shall jointly study possibilities for the preservation of the Deep Powder cabins (only the 2 cabins proposed to be designated to the Aspen Inventory of Historic Sites and Structures in 2001) prior to final PUD application submittal, in an effort to see if an acceptable preservation method can be obtained without financially burdening the development project or the Applicants. Section 19: Condominium Management The final PUD application shall include a proposed management program for the free- market residential component of the project (condo project) to ensure a high occupancy of those units. Section 20: Loading/Unloading and Service/Utility Area The final PUD application shall depict adequate area(s) for loading/unloading/service utility and recycling areas considering current and anticipated future needs for such service. Section 21: Height and Density of Residential Component Thc Applicants shall continue to explore a 42 foot height limit for the free market residential portion of the project on the south parcel and the potential to increase thc total number of units to reduce the average residential unit size. Section 22: Relationship between the Lodge and Residential Components The proposed PUD agreement to be submitted in conjunction with thc final PUD application shall describe the ongoing legal relationship between the lodge portion of the project and the residential portion of the project. Section 23: 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 or City Council, 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 24: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pend'mg 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 25: 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. FINALLY, ADOPTED, PASSED, AND APPROVED on August 9, 2005, at a public hearing before City Council. APPROVED AS TO FORM: ~tto~rff~y ~ ~ ATTEST: Kathryn S. K~c~, City Clerk