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HomeMy WebLinkAboutresolution.apz.005-79RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 1979) A RESOLUTION RECOMMENDING APPROVAL OF A PLAN WHICH ESTABLISHES PERMITTED AND CONDITIONAL USE OF STRUCTURES, ESTABLISHES DENSITY, AND RESERVES ALL OTHER ISSUES FOR CONSIDERATION AT THE TIME OF PUD PLAN AND SUBDIVISION PLAT APPROVAL ALL IN CERTAIN PROPERTY WHICH IS ZONED AS A A SPECIALLY PLANNED AREA WHEREAS, the property described in Exhibit "A" attached hereto is presently owned by The Meadows Corporation, a wholly-owned subsidiary of The Aspen Institute for Humanistic Studies (collectively called hereinafter "The Aspen Insti- tute'') and zoned SPA (Specially Planned Area); and WHEREAS, the Aspen Institute has submitted an applica- tion which requests the adoption by the City of Aspen of a precise development plan for said area including the estab- lishment of permitted and conditional uses of the land and of the structures located on said property and establishing the permitted density on said property; and WHEREAS, the proposed precise development plan submitted by The Aspen Institute requests the establishment of per- mitted and conditional uses to allow for the development of a Commercial Conference Center as hereinafter defined and not a resort hotel; and WHEREAS, said property remains as the largest unde- veloped tract of land within the City of Aspen and its development will have significant impact on the Aspen Com- munity; and WHEREAS, said property includes areas of limited suita- bility for development; and WHEREAS, said property is bounded by river frontage and severe slopes on the North and West, and a low-density resi- dential neighborhood to the south and east, all of which RECORD OF PROCEEDINGS 100 Leaves limit accessibility and create unique problems for the devel- opment of the site; and WHEREAS, said property has minimal vehicular and pedes- trian access; and WHEREAS, the available vehicular has a carrying capacity substantially if development was allowed to proceed access to said property less than that required at the density requested in said precise plan without restriction of the use of the land and of the structures, and WHEREAS, severe ecological and environmental damage may occur as a result of development; and WHEREAS, development can alter and degrade the aesthe- tics and quality of life of the neighborhood and of the Aspen community; and WHEREAS, a special development right should not be granted absent the imposition of conditions which require that the development and use of the lands shall have no sig- nificant adverse effect on the adjacent landowners, stream and air quality, road congestion, wildlife, and the general public interest; and WHEREAS, in conjunction with the approval of the precise plan for said S.P.A. zone the City of Aspen is directed and required to establish the permitted and conditional uses as well as to establish the permitted density; and WHEREAS, in conjunction with the approval of the precise plan for said S.P.A. zone the City of Aspen may establish the required parking, lot yards and setback requirements, maximum heights, minimum open space and any other planning and zoning matters which contribute to the development and use of the area as a whole, the location and characteristics of streets, other rights-of-way, and utilties, the dimensions and grading of parcels and the dimensions and siting of structures; and -2- RECORD OF PROCEEDINGS 100 Leaves WHEREAS, The Aspen Institute has submitted and withdrawn applications which request the approval of a preliminary PUD plan and a preliminary subdivision plat; and WHEREAS, The Aspen Institute must resubmit and obtain approvals of both a preliminary and final PUD plan and sub- division plat; and WHEREAS, the Planning and Zoning Commission does hereby detrermine that it is more appropriate to establish the required parking, lot yards and setback requirements, maximum heights, minimum open space and any other planning and zoning matters which contribute to the development and use of the area as a whole (with the exception of permitted and condi- tional uses and the permitted density) as well as the loca- tion and characteristics of streets, other rights-of-way, and utilities, the dimensions and grading of parcels and the dimensions and siting of structures at the time and during the P.U.D. and subdivision approval process when greater detail and information in available; and WHEREAS, in conjunction with conditional approval of the conceptual precise plan for said S.P.A. zone the City Council directed the Planning and Zoning Commission to consider whether the proposed development was exempt from the provi- sions of the Growth Management Plan; and WHEREAS, in consideration of the conceptual precise plan for the S.P.A. zone the City Council conditioned its approval upon the applicant's meeting seventeen (17) requirements and the City Council has thereby established these requirements as additional criteria for review. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO: -3- RECORD OF PROCEEDINGS 100 Leaves Section 1. Compliance. The Planning and Zoning Commission makes the following determinations of compliance, or the lack thereof, regarding the special design criteria established by the City Council: (a) What assurances are necessary to insure that the Institute will remain in Aspen? None. To rely on any condition other than zoning is unrealistic for other conditions would be unenforceable. (b) Is the Institute development exempt from the provisions of the Growth Management Plan? Under what conditions is an exemption justi- fied? As of this date the Institute has not been granted an exemption from the Growth Manage- ment Plan. However, if the Institute obtains final P.U.D. and subdivision approval and com- plies with the conditions of S.P.A. approval as well as the conditions of P.U.D. and sub- division approval an exemption would be con- sidered because the Institute property was not included in the original calculations of the Growth Management Plan and because of the academic nature of the facility among other reasons. (c) If the Institute is exempt from the Growth Management Plan, what would the development have received as points during Growth Manage- ment Review? A precise definition of what is to be con- structed is necessary for review and point assessment under the Growth Management Plan. The City will not have sufficient information until the Institute submits applications for P.U.D. and subdivision approval. (d) Has the Institute considered alternate sites for employee housing? Are the employee hous- ing sites in the most appropriate locations? The consideration of alternative sites and the election of the most appropriate locations for employee housing is being deferred until the Institute submits additional information as part of its application for P.U.D. approval. (e) Has the Institute satisfactorily refined its estimate of employees necessary to operate the Institute and the number which must be housed on the site in employee housing? The Institute has satisfactorily estimated the number of individuals to be employed. Fur- ther, sixty (60%) percent of the total num- -4- RECORD OF PROCEEDINGS 100 Leaves (f) g) (h) (i) bet to be employed is an appropriate number to be housed on site. But the Commission is of the opinion that the Institute housing plan has employees housed at too great a density. It is recommended that S.P.A. approval be con- ditioned upon the Institute housing a total number equal to sixty percent (60%) of its total staff in housing at prices within the housing price guidelines established by the City Council, but providing no less than thirty-two (32) units (16 studio apartments with kitchen, 10 three bedroom apartments with living room/dining room and kitchen, and six (6) two bedroom apartments with living room/ dining room and kitchen). In the event that sixty percent (60%) of the Institute's staff does not desire to be housed within this hous- ing the Institute shall be required to offer the remaining space to other qualified em- ployees of the community. Has the Institute satisfactorily refined its estimate of faculty to conferee ratio? Yes. Has the Institute satisfactorily refined the number of units necessary to house faculty, staff, and guests? What restrictions by use (for employee, conferee and faculty) are required? The number of guest rooms and staff rooms requested by the Institute is acceptable. The twelve (12) additional areas which are defined as living room/ kitchen/dining room facilities should not be included in the total bedroom count. The zoning recommended below is the only restriction by use which is required. Has the Institute provided adequate data to justify the size of its proposed food and beverage facilities? Yes. Is the proposed traffic circulation pattern, both interior or exterior, capable of satis- factorily mitigating the impacts of the approved density and, if not, what modifi- cations are required? The creation of an interior traffic circula- tion system is being deferred until the Insti- tute submits its applicaton for P.U.D. approval. The proposed exterior traffic cir- culation system is inadequate to satisfac- torily mitigate the impacts of the approved density. It is recommended that S.P.A. approval be conditioned upon the Institute providing the following: -5- RECORD OF PROCEEDINGS 100 Leaves (J) (k) People arriving by auto shall be required to use an auto storage facility provided by the Institute. This facility should not be provided in close proximity to lodging to discourage auto use. Stringent pricing strategies shall be implemented to make it expensive to remove the auto from the facility except for those storing their car until the conclusion of their stay. e To mitigate impacts from community use of the Institute facilities, the Institute shall be required to develop with the City, appropriate bus service on a similar concept as that originally proposed to service the Aspen Club. The Institute's program shall include an aggressive van program sufficient to meet the travel needs of guests for trips with- in Aspen. This van system shall be sized to provide a high level of service to guests and to the airport as a deterrent to private and rental car usage. In the event peak loadings on arrival days exceed van capacity, arrangements shall be made with local cab companies to provide timely service to the Institute from the air- port. In addition, in an effort to quantify existing traffic impacts, the City staff shall obtain traffic counts and noise level readings in the vicinity of the Institute, during peak use periods this summer. This data will be used in part as bench-mark information to monitor the effectiveness of traffic mitigation strategies. Have the adverse the neighborhood mized? impacts of the development on been identified and mini- The question of identifying and mitigating the adverse impacts of the development on the neighborhood which has not been addressed in this document is being reserved until the Institute submits its application for P.U.D. and subdivision approval. Have the the City mized? adverse impacts of the development on as a whole been identified and mini- The question of identifying and mitigating the adverse impacts of the development on the City as a whole which ha not been addressed in this document is being reserved until the Institute submits its application for P.U.D. and subdi- vision approval. -6- RECORD OF PROCEEDINGS 100 Leaves (1) (m) (n) (o) (P) Has the Institute satisfactorily defined its future educational programs, including the marketing to be used (in order to assure that community impacts will be minimized)? It is recommended that S.P.A. approval ditioned upon the Institute marketing grams on the American Plan. be con- its pro- Has the Institute given satisfactory assur- ances that the facility will not be used to house tourists? No. However, strict enforcement of the zoning proposed below should prevent the housing of tourists on the site. Has the Institute adequately identified open space areas and assured use by the general public of such open space and agreed to grant deed restrictions or title of such areas? Are acceptable trails locations proposed for dedi- cation? Has the preservation of the valley floor in its natural state been assured? It is recommended that S.P.A. approval be con- ditioned upon the Institute agreeing that no development will occur on the valley floors or within the stream beds of the Roaring Fork River or Castle Creek or within the area known as the riding ring. Further, approval shall be conditioned upon the Institute agreeing that the proposed development exhausts all of the development rights of the site and upon P.U.D. approval all of the site which is not constructed upon shall be deed restricted as open space. S.P.A. approval shall also be conditioned upon the Institute dedicating pub- lic trails as identified on the approved trails map of the City of Aspen. Will the development unfavorably affect the "wilderness experience" of the valley floor because of its visibility from that area? Has the Institute minimized potential obstruction of other views? The question of the effect of development on view planes including the "wilderness exper- ience'' of the valley floor is reserved until the Institute submits its application for P.U.D. approval. Will the Institute support and promote commu- nity-oriented functions? The Institute has supported and promoted com- munity functions in the past and will continue to do so in the future by making the facili- ties available to community oriented functions when such facilities are not in use for Insti- tute programs. A limitation on parking and a heavy emphasis on creatng a workable transit program will eliminate or minimize the adverse effects of such uses upon the neighborhood. -7- RECORD OF PROCEEDINGS 100 Leaves (q) (r) (s) Has the Institute provided a satisfactory scheduled phasing of development? Does the proposed schedule satisfactorily address the concern of assuming that later phases will not proceed if the then developed phases fail to achieve a mitigation of impacts as envi- sioned? Phasing is reserved until the Institute sub- mits its application for P.U.D. approval. Does the application satisfactorily mitigate the concern that a 356 room conference center exceeds the academic needs of the Institute and is excessively devoted to the commerical marketing of conference activities? The Institute has submitted sufficient back- ground and supportive material to justify the need for a 356 room facility based on their present summer program needs and their year- round endowment needs. Are the conditions of City Council approval of the conceptual S.P.A. plan satisfactorily addressed? Yes. Section 2. Recommendation. The Planning and Zoning Commission recommends approval of the precise plan for said S.P.A. zone with said approval being limited to permitted and conditional uses and permitted density all in conformity with this resolution with the reservation of all other planning and zoning matters which contribute to the development and use of the area as a whole to future consideration and approval as part of P.U.D. plan and subdivison plat approval. For the purposes of this reso- lution the "precise plan for said S.P.A. zone" means and includes the narrative of this resolution. The Commission does not recommend the approval of the narrative or site plan submitted by the Institute. The Commission further recommends that S.PoA. approval be conditioned upon the applicant obtaining full P.U.D. plan and subdivision plat approval and complying with all of the conditions contained within this resolution. -8- RECORD OF PROCEEDINGS 100 Leaves It is also recommended that of land shall be approved except apartment units. Section 3. Permitted Density. no subdivision or parcelling as required for employee It is the recommendation of the Planning and Zoning Com- mission that the following density be established for the property described in Exhibit "A" attached hereto: EXTERNAL FLOOR USE AREA (a) Food & beverage facilities 9,810 sq. ft. (b) Meeting facilities 28,570 sq. ft. (c) Miscellaneous facilities 15,320 sq. ft. (d) Recreational facilities 14,160 sq. ft. (e) Residential facililties 204,480 sq. ft. 1. Faculty/guest housing 124,016 sq. ft. 2. Employee housing 31,730 sq. ft. 3. Faculty/guest housing common area 45,745 sq. ft. 4. Employee housing common area 2,990 sq. ft. (f) Retail facilities 1,400 sq. ft. which shali be divided among the structures provided for in exhibit "B" attached hereto. and in the manner The employee residential housing shall be divided into thirty-two (32) residential units (16 studio apartments w/kitchen, 10 three bedroom apartments w/living room/dining room and kitchen and 6 two bedroom apartments w/living room/ dining room and kitchen). The number of units designated above as employee residential housing is a minimum and the Institute is required to house a total number equal to 60% of its total staff in housing at prices within the housing price guidelines established by the City Council even if such housing requires the use of faculty/guest residential housing. In the event that 60% of the Institute staff does not desire to be housed within this housing, the Institute shall offer the remaining space to other qualified employees of the community. The faculty/ guest residential housing shall be divided into units containing 298 bedrooms and -9- RECORD OF PROCEEDINGS 100 Leaves allowing no greater than 12 additional areas which are defined as living room/kitchen/dining room facilities. Section 4. Permitted and Conditional Uses. It is the recommendation of the Planning and Zoning Commis- sion that the following permitted and conditional uses be established for the property described in Exhbit "A" attached hereto: (a) Definitions. (1) COMMERCIAL CONFERENCE CENTER. "Commercial Conference Center" means and includes a facility dedicated to handling full-day group meetings and/or providing full-day program development and educa- tional support with the exception of com- munity-oriented meetings and programs which are not required to be full-day meetings or programs. For the purpose of this ordinance the site's services and facilities are available only to meeting groups; transients are not to be accom- modated. For the purpose of this resolu- tion, the permitted uses of a Commercial Conference Center are limited to residen- tial, meeting, food, beverage, recrea- tional, retail and miscellaneous facili- ties and uses as hereinafter defined. (2) COMMERCIAL CONFERENCE CENTER FOOD AND BEVERAGE FACILITIES. "Commercial Conference Center Food and Beverage Facilities" include a restaurant which is capable of providing general dining, ban- quet and room service, hospitality suites, and a cocktail lounge. Enter- tainment may be provided in such facili- ties. The site's food and beverage facilities are available only to the guests, faculty and staff of the Aspen Institute and other onsite conferences and/or programs or for luncheon meetings of community-oriented organizations. (3) COMMERCIAL CONFERENCE CENTER MEETING FACILITIES. "Commercial Conference Cen- ter Meeting Facilities" include an audi- torium, large and small conference rooms, and supporting services. "Supporting services" means and includes a lobby, library, audio-visual service, print shop, duplicating facilities, computer service, office facilities, and other similar uses. The site's meeting facili- ties are available only to the Aspen Institute, other on-site, full day -10- RECORD OF PROCEEDINGS 100 Leaves conferences and/or programs or community- oriented functions. 4) COMMERCIAL CONFERENCE CENTER MISCEL- LANEOUS FACILITIES. "Commercial Confer- ence Center Miscellaneous Facilities" include parking, in-house laundry, and other similar facilities required to pro- vide service and/or maintenance of the land, buildings, equipment, etc. 5) COMMERCIAL CONFERENCE CENTER RECREATIONAL FACILITIES. "Commercial Conference Center Recreational Facilities" include card and game rooms, racquetball courts, tennis courts, jogging track, walking paths, bicycle paths, cross country ski trails, swimming pools, and other related or sim- ilar facilities. The site's recreational facilities are primarily available only to guests, faculty and staff of the Aspen Institute and other on-site confer public may be allowed the use of the site's recreational facilities whenever the facilities are not being used by the guests, faculty and staff of the Aspen Institute and other on-site conferences and/or programs. However, no form of advertising may be used to generate pub- lic use or to inform the public of this service. 6) COMMERCIAL CONFERENCE CENTER RESIDENTIAL FACILITIES. "Commercial Conference Cen- ter Residential Facilities" include empl- oyee housing restricted to rental price terms within housing price guidelines established by the City Council and to occupancy limitations within housing income-eligibility guidelines established by the City Council, guest rooms, and rooms to accommodate the housing of faculty and staff. The site's residen- tial facilities, with the exception of employee housing, are available only to guests, faculty and staff of the Aspen Institute, other on-site conferences and/or programs, Ballet West or the Music Associates of Aspen. (7) COMMERCIAL CONFERENCE CENTER RETAIL FACILITIES "Commercial Conference Center Retail Facilities" include a tennis pro shop for sales of recreational equipment and accessories and for the rental of such items as bicycles, cross country ski equipment, etc. and a convenience shop to be conducted entirely within the princi- pal building and retailing such items as newspapers, magazines, stationary, post- -11- RECORD OF PROCEEDINGS 100 Leaves (b) (c) cards, toiletries and other guest con- venience items. (8) COMMUNITY ORIENTED FUNCTIONS. Community oriented organizations" means and in- cludes local civic, religious, political, educational or cultural organizations which includes, but is not limited to, the community school, Aspen limited to, the community school, Aspen Country Day School, Music Associates of Aspen, Ballet West, Rotary, Kiwanis, Lions, Chamber of Commerce, Boy Scouts of America, Girl Scouts of America, League of Women Voters, etc. Permitted Uses: Commercial Conference Center. Conditional Uses: None. Charles T. Collins Chairman Dated ~/7 I, ~~~_, hereby certify that the foregoing is a true and accurate copy of that resolution adopted by the Planning and Zoning Commission of the City of Aspen, 1979. Colorado, at a meeting held ~ ~; /~ , -12- EXHIBIT A A tract of land embracing portions of the NE 1/4 NW 1/4, NW 1/4 NE 1/4, NE 1/4 NE 1/4, Section 12' the SW 1/4 SE 1/4 and SW 1/4 of Section 1, Township 10 South, Range 85 West of the 6th Principal Meridian; more particularly described as: Beginning at the Southeast corner of said NE 1/4 NW 1/4, marked by a U.S. Brass Cap; thence Easterly along the South boundary line of said NW 1/4 NE 1/4 to the East boundary line of said NW 1/4 NE 1/4; thence Northerly along said East boundary line to the most Northwesterly corner of the Second Aspen Company Subdivision; thence South 84°18' East 180.76 feet; thence North 82°17' East 242.94 feet; thence North 65"51' East 23.76; thence North 81°12' East 113.20 feet; thence North 40°29' East 59.20 feet; thence South 89°04' East 198.30 feet to the Westerly boundary line of the Green Acres Subdivision; thence North 150 feet more or less along said boundary line to the Northeasterly right of way line of the Right of Way formerly occupied by the Denver and Rio Grande Western Railroad; thence Northwesterly along said Right of Way line to a point whence Corner 21 of the Brown Placer, U.S.M.S. 15047 bears North 15°38'25" East 617.76 feet; thence North 33"10' East 191.72 feet more or less to the Southeasterly line of Willoughby Way; thence Northwesterly along said Southeasterly line of Willoughby Way to the Southeasterly Corner of Lot 23, Block 2, of Pitkin Green Subdivision; thence along the South line of said Lot 23 to the Southwesterly corner of said Lot 23; thence Northwesterly along the Southwesterly lines of Lots 10, 9, 7, 6, 5, and 4, Block 1, Pitkin Green Subdivision to the most Westerly Corner of said Lot 4, thence South 45°11' West 180.21 feet to the Northeasterly boundary line of Lot 17 of Black Birch Estates; thence Southeasterly along the East boundary line of said Black Birch Estates by the following: South 62"63' East 82.10 feet; thence South 51"00' East 71.10 feet; thence South 45"41' East 79.88 feet; thence South 37"28' East 66.23 feet; thence South 08"33' East 150.33 feet; thence South 07"27' West 268.81 feet; thence South 52"19' West 57.18 feet; thence South 15"03' West 84.24 feet; thence South 14"17' East 119.61 feet; thence South 29~54' East 199.72 feet; to the Southwest corner of Lot 10 of said Black Birch Estates; thence South 04°22'52" East 15.42 feet; thence South 05°30' West 38.99 feet to the North boundary line of said Section 12' thence Westerly (S 88"41'13" W) along said North boundary line 392.58 feet; thence South 01"02'20" East 34.66 feet; thence South 16"21'15" West 305.82 feet; thence South 21°28'50" East 171.56 feet; thence South 04"08'30" East 286.13 feet; thence South 14"30'25" East 64.31 feet; thence South 01°50'20" West 114.04 feet; thence South 11°33'10" West 96.62 feet; thence South 13"01'35" East 65.00 feet; thence South 17"40'15# West 84.75 feet; thence South 84"14' East 797.62 feet; thence South 82"00' East 57.28 feet; thence South 00"54' East 47.03 feet to the point of beginning; TOGETHER WITH: Lot 7, Block 1 and that part of Lot 23, Block 2, lying South and West of the Northeasterly line of the service road, Pitkin Green Subdivision; EXCEPTING, the former right of way of the Denver and Rio Grande Western Railroad Company and the bed of the Roaring Fork River and the bed of Castle Creek where said right of way, River and Creek traverse subject property. AND EXCEPTING, the Northern portion of a strip of land conveyed to the County of Pitkin by instrument recorded in Book 186 at Page 117 which apparently was intended to be the Right of Way for Meadows Road. AND FURTHER EXCEPTING, all land lying North of the Roaring Fork River. (a) Reduction of the trash and utility access requirements provided for in Section 24-3.7(h)(4) may be permitted by the Zoning Commission, upon referral by the Building Inspector, after the Planning and Zoning Commission holds a meeting to consider the following: (1) The adequacy of trash vehicle access to the site. (2) The amount of trash which might be expected to be generated given the nature of the proposed uses of the building and the total square footage of the building. (3) Any unique measures provided for enclosing trash bins and making them easily movable by trash personnel. (4) Any provisions for trash compaction which would be used by the development and potentially by other land uses on the block. (5) The comments of Aspen Trash and City Engineering personnel which shall be solicited by the Planning Office prior to scheduling before the Planning and Zoning Commission. (6) Adequacy of area for public utility placement and maintenance. The Planning and Zoning Commission shall approve or deny the trash access requirements by motion. Adequate provisions shall be incorporated in the approval to assure the construction of the access area as demonstrated before the Planning and Zoning Commission. The applicant may demonstrate with maps or site plan. 6. Section 24-3.4, Area and Bulk Requirements, should also be amended under the CC and C-1 zone districts subsection (6), Minimum Rear Yard, where it reads, "No requirement except covered trash area shall be required adjacent to alley--see Section 24-3.7(h)(4) and Section 24-3.5." 7. Section 24-10.5, Growth Management Quota System, Commercial Allotments, should be amended to add a new subsection under "Quality of design" that would provide for an additional possible three (3) points for unique and more efficient trash and utility access areas. The amend- ment should be as follows: 24-10.5(b)(1)(ff) Trash and utility access areas (maximum 3 points) considering the quality and efficiency of proposed trash and utility access areas which shall have been reviewed by special review of the Aspen Planning and Zoning Commission prior to the growth management allocation public hearing. Adopted by the Aspen Planning and Zoning Commission on this ~--~'~/~ day of ATTEST: Charles Collins, Chairman