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HomeMy WebLinkAboutresolution.apz.001-85RESOLUTION OF THE A~PBN PLANNING AND ZONING COMMISSION GRANTING PRELIMINARY PUD/SUBDIVISION AND VIE~PLANE APPRfNAL, RECOMM~DING SUBD1V IS ION EXCEPTION FOR TH E PURPf~ E OF CONDOMINIUMIZATION, AND R[~COI~DING THE VACATION OF VARIOUS RIGHTS-OF-WAY FOR T~E LODGE COHPON]~]T OF THE /%SP~ MOUNTAIN PUD Resoluti~n NO. 85-1 WHEREAS, by their Resolution No. 84-11, the Aspen City Council (hereinafter "Council") did grant a multi-year lodge GMP allocation to the Aspen Mountain Lodge and Conceptual PUD/Subdivision approval for the lodge portion of the Aspen Mountain PUD, subject to nineteen (19) conditions; and WHEREAS, on August 27, 1984, the Council did agree that the lodge and residential components of the project could continue to be reviewed separately, provided that the approval of any preliminary stage would not become effective until the preliminary approval for the entire PUD has been granted; and WHEREAS, by their Resolution 84-27, the Council did endorse the revised e~ployee housing proposal of the Aspen Mountain PUD; and WHEREAS, American Century Corporation, Commerce Savings Association, Alan R. Novak and Robert Callaway (hereinafter the "Applicants") did submit their application for Preliminary PUD/Subdivision for the lodge component within six (6) months of the date of final approval of the conceptual stage of the residential component and did therefore meet the requir~ents of Section 24-8.9 of the Code; and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter "Commission") did hold a public hearing on November 20, 1984, which hearing was continued to November 27, December 4, December 11 and December 18, 1984, and January 8, January 15, and January 22, 1985, to consider the Preliminary PUD/Subdivision application and associated applications for the lodge component of the Aspen Mountain PUD. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Aspen, Colorado: Section 1 That it does hereby make the following findings with respect to the lodge component of the Aspen Mountain PUD: Resolution Page 2 No. 85-1 The Applicants have met the spirit of Condition 1 of Council Resolution 84-11, by separating the project into a total of six (6) small and large buildings, by using materials, colors and other architectural techniques to create variety in the project's design, and by deciding to leave the refurbished Continental Inn in place for a period of time. The Applicants have also provided some design elenents which provide unified common themes throughout the project, in keeping with the intent of the PUD. Although there are certain covered areas around the perimeter of the lodge which might technically be counted in the external FAR of the lodge, rendering its design inconsistent with the provisions of Condition 2 of Council's Resolution 84-11, the Planning Commission interprets the Code to say that these areas are not applicable to the floor area limita- tions expressed in Condition 2. The areas in question amount to 26,783 square feet of covered port cocheres, the colonnade between the chateaus and the parking ramps to the underground garage, as compared to the over 30,000 square feet of internal space which was removed from the building during prior reviews. The Commission intends that, by not counting these areas, we insure that they will not be converted at some future date to internal space within the lodge. Furthermore, the Commission feels that t~hese external areas help to serve the guests of the hotel and the public in a better quality and safer manner, they add no impacts to the neighborhood and that in certain respects, they actually reduce the perceived bulk of the structure, and that t~%ey should therefore be retained as part of the design. The proposed phasing program for the lodge is an acceptable alternative to the community, for the following reasons: The first phase will upgrade the most seriously substan- dard portion of the project, the West Wing. The phasing program should result in lessened construction impacts upon the community. The phasing allows the applicants to evaluate the community's ability to absorb 285 "new" lodge units into the market. The downside result of phasing is an acceptable risk to the community. We still achieve a new West Wing, a refurbished Continental Inn, a new park on Durant Avenue and a generally upgraded area. The project has also still committed itself to meeting the vast majority of the infrastructure and amenity commitments for the full project within the first phase of construction. The condominiumization of the residential units in the lodge should not be subject to the six (6) month minimum lease restrictions of Section 20-22 of the Code, due to the location of the units in the L-2 zone district, which is intended for short-term use by tourists. The Commission further believes that with respect to the lodge condominiumiza- tion requirements of Section 20-23(A)(6)(c) of the Code, the City Council should waive the requirement that the Applicants submit a promissory note in the amount of the lodge upgrading (Condition 12 below) since this requirement is more appropriate for minor lodge reconstruction than for a total rebuild of a facility. The Commission refers the Council to the Prospector and Hotel Lenado applications for precedents for this action. Resolution Page 3 No. 85-1 The Commission requests that the City streets and Engineering Departments maintain the roads west of the project (specifi- cally Dean Street and lower Monarch) in a more adequate fashion in terms of snow removal and parking limits to insure adequate circulation in the streets which remain as public right-of-ways. The reasoning behind this request is that these streets are used for skier parking and for truck access for service deliveries and will play a vital role in circulation for the hotel and others in the neighbor- hood. This project is technically subject to review under ~%eeler Viewplane Special Review, but the Commission finds that it does not fall within the intent of such review since it lies within the backdrop and not the foreground of the view of Aspen Mountain from the front of the Wheeler Opera House. Section 2 That it does hereby grant Preliminary PUD/Subdivision andViewplane approval and does recommend that City Council grant subdivision exception for the purpose of lodge and residential condominiumization and vacate the requested rights-of-ways, subject to the following conditions: Those areas of the lodge which are covered but not counted in the building's FAR shall be prohibited from being converted into commercial or lodging or other enclosed areas for occupancy of any form. e The applicants will revise their preliminary PUD drawings such that the final drawings illustrate the Applicants' commitment to comply with Council's 42 and 55 foot height restrictions from Condition 3 of Council's Resolution 84-11. The applicant will provide the following parking spaces for the lodge component of the PUD: A. Hotel Subgrade, West Wing 192 B. Surface Lot on West Side of Continental Inn site 54 C. Surface lot on East side of Continental Inn site 19 D. Continental Garage 28 E. Service vehicles, Guest Loading 22 F. Parallel Parking On Dean Street SUBTOTAL 327 ~ployee and Residential Spaces Subgrade, West Wing 22 TOTAL 349 The vacation of Dean Street is specifically conditioned upon the Applicants providing a use agreement to deal with emergency service vehicle access and vehicle circulation during occasional or unusual obstruction of nearby streets, and providing adequate signage, maintenance and surveillance of the area to insure that it functions adequately as an Resolution No. 85-1 Page 4 entrance to the Hotel. The Applicants will revise their preli inary PUD drawings for the residential component to indicate an easement on Summit Street of twenty-five (25) feet in width and a buffer between building facades of at least forty (40) feet in width in order to satisfy the concerns of the City Engineer. The Applicants will incorporate the results of their "receiving area" study into the design of the loading docks to insure that an adequate turning radius for truck movements into and out of the the lodge is provided. The Applicants will incorporate into the final PUD drawings the design solutions presented to P&Z which insure that pedestrian movements from the lodge into the Rubey Park and mall areas are channelized to the available intersections. The City Engineer shall have final authority to approve the paving program for the perimeter and interior streets in the project to insure that the City can adequately and easily maintain the streets in the future. The City Engineer is authorized to continue to work with the Applicants on a plan to address the impacts of construction on the community. Following are some el aments which shall be incorporated in the plan: The contractor will use the 700 South Galena and Top of Mill sites for construction staging areas in the first season and the underground garage for staging in the second construction season. The contractor will identify a staging area for structural steel which is outside of the City, if deemed necessary by the City Engineer. Vans and trailers for construction workers will be kept within the property lines of the PUD. Worker parking plans will need to be developed by the contractor. Covered walks and barricades to protect pedestrians will be provided in an acceptable configuration. A plan for major City dev el oped. dealing with the impact of truck traffic on streets and intersections will have to be The Applicants will provide a surety bond guaranteeing that streets which are torn up can be reconstructed by the City between the two construction seasons if this work is not completed by the contractor. The Applicants will abide by the City's noise ordinance in terms of the hours of construction and other construc- tion impacts. The Applicants will provide and/or maintain access to any properties which might be t~mporarily cut off from their access by construction of the project. 10. The Applicants commit to meeting all of the infrastructural and amenity proposals of their original GMP submission in the first phase of construction, with the exception of the following: The electrical lines on Dean Street from Mill to Galena and the spur line around South Galena will not be placed underground until Phase II is constructed. Resolution No. 85-1 Page 5 11. 12. 13. 14. 15. 16. 17. 18. The Continental Inn will be retained and refurbished to meet the requirements of the Building Inspector in terms of life, health and safety. The amenities proposed to be included in the East Wing (i.e., conference, restaurant and bar) will not be constructed until Phase II, including the ice skating rink between the two chalets. However, the Applicants will provide a full block park in front of the Continental which shall also be used as the relocation site for mature trees on the West Wing site which are to be removed by const r ucti on. The Applicants will provide the underground and surface parking in the configuration identified in Condition 3, above. The full underground parking scheme will be accomplished in Phase II. The Applicants will submit a Growth Management Amendment application, prior to the submission of plans for a building permit, which application will identify all changes from the original growth management submission, for rescoring by the P&Z and for confirmation or removal of the allocation by Council. Included within the amendment will be a final unit count for the East Wing (now proposed at from 145 to 162 units) and the West Wing (now proposed at from 285 to 302 units) with the total unit count during either the first or second construction phases not to exceed 447 units. Also to be included in the amendment should be a detailed descrip- tion of the renovation program, including material selection and plans where appropriate, for the interior and exterior of the Continental Inn from which it can be evaluated for its consistency with the original design plans for the PUD. The Applicants will submit a promissory note to the City in the amount of the lodge upgrading which is to take place, in compliance with Section 20-23(A) (6) (c) of the Municipal Code. (Note: See Finding ~4 above relative to this require- m ent. ) The Applicants will submit solutions to address employee housing and on-and-off site drainage for the entire PUD in their preliminary PUD application for the residential component of the PUD. This approval shall not become effective until the preliminary approval for the entire PUD has been granted. Ail written and verbal representations and commitments of the Applicants with respect to the lodge component of the PUD are hereby made conditions of this action. The Applicants meeting the requirements outlined by Jay Hammond, City Engineer, in his m~orandum dated Nove~ber 6, 1984, as regards utilities, roads, condominiumization, street vacations (Condition lb only) encroachments, construc- tion and platting. Commitments to meeting these requirements shall be provided at the time of final plat submission. The Applicants meeting the requirements outlined by Tom Dunlop, Director, Environmental Health, in his memo dated November 6, 1984. These requirements shall be met prior to submission of plans for a building permit for the lodge. The Applicants meeting the requirements outlined by Jim Holland, Director of Parks, in his memorandem dated November 15, 1984. These requirements shall be met at the time of final plat submission. Resolution No. 85-1 Page 6 19. The Applicants will provide commitments in the subdivision agreement which address the timing of the reconstruction and reopening of the Continental Inn, as represented by the Applicants during the review process. 20. The Applicants shall be permitted to have up to two separate operators or owners of the lodge (i.e., one for each of the wings or just a single operator) but the rental and operational management of each wing shall be as a single entity. APPR(~ED unanimously by the Commission at its regular meeting on January 22, 1985. i%SPI~I PLANNING AND Z0~IING CO~ISS ATTEST: Per-ry H/rv'ey, Cha~ Barbara Norris,'- Deputy- City Clerk