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HomeMy WebLinkAboutresolution.apz.001-84 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE GRANTING OF A MULTI-YEAR LODGE GMP ALLOCATION TO THE ASPEN MOUNTAIN LODGE, RECOMMENDING CONCEPTUAL PUD/SUBDIVISION APPROVAL FOR THE LODGE PORTION OF THE ASPEN MOUNTAIN PUD, RECOMMENDING DENIAL OF THE REQUESTED REZONING TO COMMERCIAL LODGE OF THE CHASE DUPLEX, TOWNPLACE APARTMENTS, HILLSIDE LODGE, MOUNTAIN CHALET AND BLUE SPRUCE NORTH SITES, AND GRANTING AN EXEMPTION FROM GROWTH MANAGEMENT FOR THE CONVERSION OF THE ALPINA HAUS LODGE TO DEED RESTRICTED EMPLOYEE HOUSING Resolution No. 84- 1 (Series of 1984) 2. ; and 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, L-2, CC and CL zone districts of the City of Aspen; and WHEREAS, in response to this provision, applications were sub- mitted for the Lodge at Aspen and the Aspen Mountain Lodge requesting development allotments of 46 lodge units and 203 lodge units, re- spectively; and WHEREAS, 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 set forth in Section 24- 11.6 of the Municipal Code, as amended by Ordinance #35 (Series of 1983); and WHEREAS, the Commission did evaluate, score and rank the appli- cations submitted as follows: Aspen Mountain Lodge - 60.71 points Lodge at Aspen - 49.50 points WHEREAS, as a result of the Commission's scoring, the Lodge at Aspen failed to receive a minimum of 60 percent of the total points available under Section 24-11.6(b) (1), (2), (3) and (4) of the Muni- cipal Code, a minimum of 51 points; and WHEREAS, the available quota for the 1983 lodge growth manage- ment competition is 67 lodge units, consisting of the annual 35 unit lodge quota for the L-l, L-2, CC and CL zone districts plus an addi- tional 32 lodge units which remain unallocated from prior years; and Resolution No. 84- I Page Two WHEREAS, certain additional reviews and approvals are required subdivision and zoning but not limited to, the by the Aspen Mountain Lodge pursuant to the regulations of the Municipal Code including, following: 1. Conceptual PUD/subdivision approval for the lodge portion of the Aspen Mountain PUD. A rezoning from L-1 to CL, Commercial Lodge, for that por- tion of the Aspen Mountain PUD site currently occupied by the Chase Duplex, Townplace Apartments, Hillside Lodge, Mountain Chalet, and Blue Spruce North. An exemption from the City's growth management allotment procedures for the conversion of the 44 unit Alpina Haus Lodge to deed-restricted employee housing. An exemption from the City's growth management allotment procedures for the reconstruction of approximately 277 existing lodge units located on the Aspen Mountain PUD site. ; and WHEREAS, certain of these additional reviews were conducted by the Commission at a duly noticed public hearing held on November 29, 1983, and at subsequent Planning and Zoning Commission meetings held on December 6th, 13th, and 20th, 1983, and on January 3, 1984. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Com- mission of the City of Aspen, Colorado: Section 1 That it does hereby find that the 1983 growth management appli- cation submitted for the Lodge at Aspen is ineligible for a develop- ment allotment pursuant to Section 24-11.6(a) of the Municipal Code and, therefore, does hereby consider the application to be denied. Section 2 That it does hereby recommend that the Aspen City Council allo- cate to the Aspen Mountain Lodge the 1983 L-i, L-2, CC and CL lodge quota of 35 units; the 32 lodge units which remain unallocated from prior years; and sufficient additional quota (approximately 92 units or two and two-thirds years quota) from future years, as provided for in Section 24-11.3(b) of the Municipal Code, to allow the construction of a maximum of 480 lodge units, subject to the following conditions: The applicants continuing to address the Commission's concerns with respect to the bulk, mass, FAR and unit count of the proposed hotel so as to reduce its actual and/or perceived visual impact and mitigate potential growth related problems, in particular, increased vehicular and pedestrian congestion, resulting from a multi-year quota Resolution No. 84- Page Three allocation. Its recommendation with respect to the alloca- tion of a multi-year quota notwithstanding, the Commission reserves the right to require a reduction in the total number of lodge units contained in the proposed hotel as a condition of preliminary PUD/subdivision approval if neces- sary to obtain said reduction in the visual impact of the project and the mitigation of growth related impacts. The expiration, as proposed by the applicants, of all allocated quota in the event the applicants fail to submit plans, specifications and fees sufficient for the issuance of a building permit for the lodge portion of the Aspen Mountain PUD on or before June 1, 1985. The Commission's reasoning with respect to this recommendation re- flects the following considerations: 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 accommo- dations and the capacity of our ski areas. The 1973 Aspen Land Use Plan identifies the Aspen Mountain Lodge site as the most appropriate location for the develop- ment of new short-term accommodations. The opportunity for additional lodge development in the L-1 L-2, CC and CL zone districts, beyond that proposed by the applicants, is extremely limited given the remaining avail- ability 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. 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. The historical precedent which exists for the award of a multi-year lodge allocation. The applicants' assertion that approximately 480 lodge units are required to ensure the economic viability of the proposed hotel given the nature and extent of the proposed guest amenities, conference facilities and overall site improvements to be provided by the project. The applicants' assertion that the bulk, mass and visual impact of the proposed hotel can be reduced prior to pre- liminary PUD/subdivision approval without a reduction in the total number of lodge units. 10. 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 3 That it does hereby recommend that the Aspen City Council grant conceptual PUD/subdivision approval, pursuant to Sections 20-10 and Resolution No. 84- ~ Page Four 24-8.7 of the Municipal Code, to the lodge portion of the Aspen Mountain PUD subject to the following conditions: The applicants continuing to investigate architectural revisions to the proposed hotel, in particular the Durant Avenue, lower Mill Street and conference entrance facades, so as to reduce the hotel's mass, prevent the shading of adjacent streets, and maintain and enhance public views of Aspen Mountain and surrounding scenic areas. 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. A determination by the applicants as to whether or not the proposed hotel intrudes into the Wheeler Opera House view- plane and the submission, if required, of an appropriate request for review pursuant to the viewplane provisions of the Municipal Code. Written clarification as to which substantive representa- tions 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 poten- tial impacts of peak occupancy on adjacent streets. 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 necessi- tated by the Aspen Mountain PUD. The vacation of Dean Street between Monarch and Mill Streets 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 in the City signing off on all proposed street vacations so as to ensure that the loss of these rights-of-way will not interfere with each utility's current or future needs. The applicants' indicating the site. submission of a detailed subdivision plat specific parceling of the Aspen Mountain PUD The applicants' submission of an acceptable survey of the Aspen Mountain PUD site clarifying property descriptions. 10. 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. 11. The reconstruction of existing lodge units being limited to those units verified pursuant to Section 24-11.2(a) of the Municipal Code. 12. Written clarification as to the applicants' intentions with respect to ownership of the proposed hotel vis-a-vis how the hotel will be managed. 13. The applicants continuing to investigate solutions to the problem of increased pedestrian congestion in the project area, in particular, the movement of pedestrians between the proposed hotel, Rubey Park and the adjacent commercial core. Resolution No. 84- I Page Five 14. 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 determine. Ail material representations of the applicants' growth management and conceptual PUD/subdivision applications not specifically referred to above being made a condition of this recommendation of approval. 16. The above conditions being met prior to preliminary PUD/sub- division approval. Section 4 That it does hereby recommend that the Aspen City Council deny the applicants' request for a rezoning from L-1 to CL, Commercial Lodge, for that portion of the Aspen Mountain PUD site currently occupied by the Chase Duplex, Townplace Apartments, Hillside Lodge, Mountain Chalet, and Blue Spruce North for the following reasons: The uses proposed by the applicants for the area to be rezoned are inconsistent with the intent of the CL zone district. The uses proposed by the applicants are currently allowed by right or by special review under the existing L-1 zoning classification. The primary reason for the applicants' request is to enable them to take advantage of the more favorable FAR ratio available in the CL zone district. Since the FAR provisions of the existing L-1 zone district may be varied pursuant to the PUD regulations, a rezoning merely to reduce the extent of the requested variance is inappropriate. The proposed rezoning is inconsistent with the surrounding zone district classifications. Section 5 That it does hereby find, pursuant to Section 24-11.2(j) of the Municipal Code, that the conversion of the 44 unit Alpina Haus Lodge to deed-restricted employee housing, as set forth in the Aspen Mountain Lodge growth management application, will result in negligible growth impacts on the community, and that said change in use is exempt from complying with the growth management allotment procedures of the Municipal Code subject to the following conditions: The deed restriction of the 44 units, as proposed by the applicants and recommended by the Housing Authority, to a maximum rental price guideline of 25% of the employee's average annual income, or $250.00 per person per month, whichever is less. The deed restriction of the 44 units to a maximum occupancy of 47 employees with first priority given to employees of the Aspen Mountain Lodge. The retention of all existing on-site parking spaces and the submission of various alternatives for the mitigation of Resolution No. 84- ~ Page Six potential impacts resulting from the non-conforming status of the Alpina Haus' parking, said alternatives to be included in the applicants' preliminary PUD/subdivision submission. Section 6 That it does hereby recommend that the Aspen City Council in- struct the Planning Office to credit, pursuant to Section 24-11.2 of the Municipal Code, the 44 units removed from the lodge inventory as a result of the conversion of the Alpina Haus Lodge to deed-restricted employee housing to the L-i, L-2, CC and CL lodge quota, said credit to take effect at such time as the units are deed restricted and removed from the lodge inventory. The Commission's reasoning with respect to this recommendation reflects the following considerations: The Alpina Haus Lodge is a non-conforming use in the R-MF zone district. As a result, the 44 units removed from the lodge inventory may be credited to either the L-l, L-2, CC and CL lodge quota or to the L-3 lodge quota. The relatively limited build-out remaining in the City's L-3 zone district and the adequacy of the existing annual L-3 quota to ensure the limited expansion of existing lodges consistent with the intent of the City's adopted L-3 zone district regulations. Since the conversion of the Alpina Haus Lodge to deed- restricted employee housing is an integral component of the Aspen Mountain Lodge growth management application, the 44 units removed from the lodge inventory should be credited to the quota for the lodge district in which the proposed hotel is to be located. APPROVED by the Planning and Zoning Commission of the City of Aspen, Colorado, at their regular meeting on January 17, 1984. ASPEN PLANNING AND ZONING COMMISSION Perry H~rvey, Chairmy ATTEST: Barbara Norris, Deputy City Clerk