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HomeMy WebLinkAboutresolution.apz.030-05RESOLUTION NO. 30 (SERIES OF 2005) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE RESIDENCES AT THE ASPEN CLUB AND SPA CONCEPTUAL PUD, CONCEPTUAL SPECIALLY PLANNED AREA, AND CONCEPTUAL TIMESHARE REVIEW TO CONSTRUCT NINETEEN (19) TIMESHARE LODGE UNITS AND EIGHT (8) AFFORDABLE HOUSING UNITS ON LOT 15, OF THE CALLAHAN SUBDIVISION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273 7-181-32-019 WHEREAS, the Community Development Department received an application from the Aspen Club and Spa, LLC, owners, represented by Vann Associates, LLC, requesting approval of a Conceptual Planned Unit Development, Conceptual Specially Planned Area (SPA), and Conceptual Timeshare review to construct nineteen (19) timeshare lodge units and eight (8) affordable housing units on the Aspen Club and Spa property, Lot 15, of the Callahan Subdivision, City and Townsite of Aspen; and, WHEREAS, the subject property contains approximately 215,234 square feet of land; and, WHEREAS, pursuant to Land Use Code Section 26.440, Specially Planned Area, the City Council may approve, approve with conditions, or deny a Conceptual Specially Planned Area request during a duly noticed public hearing 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, 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 hearing 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, pursuant to Land Use Code Section 26.590, Timeshare Development, the City Council may approve, approve with conditions, or deny a Conceptual Timeshare Development request during a duly noticed public hearing 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, Resolution No.30, Series of 2005 1 WHEREAS, during a duly noticed public hearing on September 20, 2005, the Planning and Zoning Commission reviewed the proposed development requests and continued the review to September 27, 2005; and, WHEREAS, the Planning and Zoning Commission conducted a noticed site visit of the property subject to the development application on September 27, 2005; and, WHEREAS, during a continued public hearing on September 27, 2005, the Planning and Zoning Commission reviewed the proposed development requests and continued the review to October 4, 2005; and, WHEREAS, during a continued public hearing on October 4, 2005, the Planning and Zoning Commission approved Resolution No. 30, Series of 2005, by a four to one (4- 1) vote, recommending that City Council approve with conditions, the Residences at the Aspen Club and Spa Conceptual PUD/SPA and Conceptual Timeshare Review to construct nineteen (19) timeshare lodge units and eight (8) affordable housing units on Lot 15, of the Callahan Subdivision, City and Townsite of Aspen; 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 heroin; and, WHEREAS, 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, WHEREAS, 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 recommends that City Council approve the Residences at the Aspen Club and Spa Conceptual SPA/PUD and Conceptual Timeshare Review, subject to the conditions contained herein. Section 2: Final PUD/SPA Application The Applicants shall submit an application for final PUD/SPA review and the required associated land use requests within one year of gaining conceptual approval. The final 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: Resolution No.30, Series of 2005 2 Detailed utility, landscaping, soils reports, 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. The utility plan shall also indicate only one water tap to the main water line per building. 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 as described in Condition No. 14 below. The drainage plan to be submitted shall have been prepared by a licensed engineer and prepared to the specifications for a 5-year storm frequency. The drainage plan shall not show any clear water connections. Roof drains shall discharge onto landscape areas and not directly into the storm sewer. A Construction Management Plan shall be submitted with the final application and shall meet the requirements of the City of Aspen Building Department. The construction management plan shall include a construction parking plan, a construction staging and phasing plan, haul routes, dust control measures, representation to cover dirt hauling trucks, a construction dewatering plan, and a report on the proposed construction impact on the pavement of Ute Avenue that identifies mitigation measures to be enacted. The Construction Management Plan shall also address compliance with noise limitations and methods to prevent tracking dirt onto Ute Avenue. The final application shall also include a PM-10 Mitigation Plan that includes the following methods of PM-10 mitigation: a. Expand the operations of the existing shuttle for its guests to use. b. Sell the fractional estates with only one parking space and charge an additional fee for use of parking above one space. c. Provide secured and covered bike storage on the site. Resolution No.30, Series of 2005 3 The Club and Homeowner's Association shall join the Transportation Options Program. Section 3: Snow Storage and Removal The final PUD/SPA application shall contain a snow storage plan identifying sufficient snow storage room on the site. Section 4: Parking Garage Ramp Details The final PUD/SPA application shall include a detailed plan for ramping in the underground parking garage. Section 5: 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: Dimensional Conceptual Requirement Dimensional Requirements Minimum Lot Size 4.94 Acres Minimum Lot area per NA dwelling unit Minimum Lot Width 370 Feet Minimum Front Yard 7.5 Feet for AH Setback Units Minimum Side Yard East Side Yard is 3 Setback Feet West Side Yard is 20 Feet Minimum Rear Yard Greater than 100 Setback Feet Maximum Height 28 Feet Minimum Percent Open NA Space Allowable External .60:1 FAR Minimum Off-Street Lodge: 17 spaces Parking Club and Spa: 132 spaces AH Units: 8 spaces Resolution No.30, Series of 2005 4 Section 6: Growth Management Implications and Employee Housing The Applicant shall record a deed restriction on each of the eight (8) affordable housing units classifying the units as Category 2 units in conjunction with filing a condominium plat for the property and prior to issuance of a certificate of occupancy on the affordable housing units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the development. The affordable housing units may be deed-restricted as rental units, but the units shall become Category 2 ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. If the affordable housing units ever become ownership units, the unit owners shall establish their own homeowners association. A certificate of occupancy shall he obtained on all of the affordable housing units prior to obtaining a certificate of occupancy on any of the timeshare lodge units. Section 7: Fire Mitigation and Access The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall in the timeshare lodge and affordable housing units. 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 structure prior to final PUD submittal. Additionally, the final PUD application shall include a more detailed fire access plan that includes a reinforced asphalt pathway of sufficient width for a fire track to access the courtyard between the new outdoor pool and the easternmost timeshare lodge units. Section 8: 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 timeshare lodge and affordable housing units. Each unit shall have an individual water meter. The original provisions related to Water Rights provided in the 1976 Callahan Subdivision and Planned Unit Development Agreement recorded at the Pitkin County Clerk and Recorder's Office at Book 312, Pages 110-127 shall remain in full affect, including those provisions more specifically established in Paragraphs 1 (L), 4, and 8(e)(1 and 2). Resolution No.30, Series of 2005 5 Section 9: Water Line Installation The Applicants shall install a water line that loops to the existing water main on the north side of the river. The construction of this water line will necessitate installation under the river. The Applicants shall apply for and obtain all applicable state and federal permits to perform work within the 100 year flood plain and within the river prior to commencing construction within the 100 year flood plain. Each fractional townhome unit shall have an individual water tap to the main line and individual service lines. A more detailed utility plan shall be submitted as part of the final PUD application as is described in Section 2 herein. In conjunction with constructing this water line, the Applicants shall submit a revegetation plan for review and approval by the City Parks Department as part of the final PUD application. Additionally, the Applicants shall submit a trail impact plan as part of the final PUD application that includes the following: · A trail closure and signage plan. · The dimensions of the trail cut. · A trail patch work detail that shows that the trail will be repaired with a minimum of 3 inches of asphalt and saw cut joints. · A plan to detour trail users around the construction. If the trail cut is to occur up stream of the Aspen Club bridge, trail users shall be detoured around the Aspen Club parking area. The trail closure shall be the minimum amount of time required to excavate, install the water line, and back fill the section of the trail disturbed by the water line installation. Section 10: Aspen Consolidated Sanitation District Requirements The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All existing clear water connections to ACSD lines shall be eliminated. Oil and sand separators meeting the ACSD's requirements shall be installed in the parking garage. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. An oil and grease interceptor shall be installed outside the building for the caf& One tap to the main sanitary line is allowed for each of the buildings within the development. The Applicants shall apply for a line extension request. Abandoned service lines shall be excavated at the main sanitary sewer line. A glycol heating and snowmelt system shall be designed to prohibit discharge of glycol to any portion of the of the public and private sanitary sewer system and shall be inspected and approved by the Aspen Consolidated Sanitation District. The Applicant shall pay 40% of the estimate tap fees prior to building permit issuance. If the relocation of the sewer line that serves the Silver Lining Ranch property becomes a private line and the Silver Lining Ranch's consent to a private line agreement is deemed necessary by the Aspen Consolidated Sanitation District, the Applicants shall gain consent on such an agreement prior to applying for final PUD application. Resolution No.30, Series of 2005 6 Section 11: 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 property 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 12: 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 affordable housing units in a mixed use development 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 13: 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 14: Wildlife Trash Containers The Applicants shall install a wildlife-proof trash container meeting the requirements of the Environmental Health Department. Section 15: Landscaping The Applicants shall submit a detailed landscaping plan as part of the final PUD application. A tree protection plan shall be submitted as part of the building permit application plan for review by the City Parks Department. Tree protection fencing shall be erected around any trees to be preserved prior to the commencement and throughout the duration of construction activities. The City Forester shall inspect the tree protection fencing prior to the commencement of construction activities. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic shall be allowed within the dripline of any tree to be preserved on the site. Section 16: Trail between Lot 14A and Club Building The Applicants shall work with the Parks Department between Conceptual approval and Final PUD submittal to determine an exact location for the trail between the parking lot located on Lot 14A of the Callahan Subdivision and the Club building to improve site lines and limit disturbance to existing trees. The trail shall be at a slope of less than 1/20 or meet building code requirements for ramp construction. The final PUD application shall contain a detailed plan of the trail between Lot 14A and the Club building that includes the material, width, and a plan for the use of hand excavation tools in the vicinity of existing trees to be preserved. Resolution No.30, Series of 2005 7 Section 17: Aspen Club Trail The Applicants shall not use the Aspen Club Trail for construction activities, which includes, but is not limited to track traffic, foot traffic, storage and materials associated with the construction project. If the Aspen Club Trail is altered during construction of the new water line under the fiver, the Applicant shall repair the trail to the condition it was prior to construction. Section 18: 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 new outdoor swimming pool facility prior to installation. Section 19: Sediment Control The building permit plans shall include a detailed plan for stream margin protection and maintaining the stability of the hillside above the trail and shall include the location of silt fencing and erosion control measures. The Applicants shall erect a construction fence along the 15 foot setback from the river's top of slope and maintain it throughout construction. The construction fence shall be inspected by the Parks Department prior to commencing any constmction activities, including site preparation. Silt fencing and straw bales shall also be placed at the 15 foot setback from the river's top of slope to prevent sediment from entering the river. Section 20: Ute Avenue Traffic Calming and Pedestrian SafeW, The Applicants shall submit a plan as part of the final PUD application for providing traffic calming measures and improving pedestrian safety on Ute Avenue given the increase in traffic that is anticipated as a result of this development. The plan shall include, at a minimum, an upgrade to the ADA ramps at the intersection of Ute Avenue and Original Street to meet ADA requirements, better delineation of existing shoulder parking pockets with curb and gutter, and installation of speed humps on Ute Avenue. Section 21: Sidewalk along Ute Avenue The Applicants shall study the right-of-way geometry of Ute Avenue to see if a sidewalk meeting the requirements of the City Engineer can be provided within the right-of-way adjacent to the Benedict Office building property along Ute Avenue prior to submitting a Final PUD application. If it is determined that there is not sufficient room within the fight- of-way to provide this sidewalk, the Applicant shall attempt to obtain a sidewalk easement from the Benedict Office building property and shall include documentation of said attempts in the final PUD application. Section 22: 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 Resolution No.30, Series of 2005 8 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 23: 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 24: 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 4th day of October, 2005. APPROVED AS TO FORM: City Attorney PLANNING AND ZONING COMMISSION: ~asmi~e Tygre, Chair 6~ ATTEST: packie Lothihnr, Deputy City Clerk Resolution No.30, Series of 2005 9