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HomeMy WebLinkAboutresolution.council.069-05RESOLUTION NO. 69 (SERIES OF 2005) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A CONCEPTUAL PLANNED UNIT DEVELOPMENT AND A CONCEPTUAL TIMESHARE FOR THE LODGE AT ASPEN MOUNTAIN, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES AND BOUNDS TRIANGULAR SHAPED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-23-001 (Mine Dump Apartments) 2735-131-13-001 (Parcel with the Single-Family Residence) WHEREAS, the Community Development Department received an application from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates for a Conceptual Planned Unit Development and Conceptual Timeshare; and, WHEREAS, the original application submitted (dated October 1, 2003) proposed a 204,500 square foot, 121-unit, mixed use, hotel/fractional ownership project consisting of 76 hotel rooms, 29 fractional units, 4 condominium units, 12 affordable housing units, commercial and ancillary space and a total of 156 spaces in two, sub-grade parking garages; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Conceptual PUD and Conceptual Timeshare and recommended approval with conditions; and, WHEREAS, during a regular meeting on March 2, 2004, the Planning and Zoning Commission recommended that City Council deny, by a three to one (3-1) vote, the Conceptual PUD and Conceptual Timeshare request for the Lodge at Aspen Mountain; and, WHEREAS, the Applicant submitted an amended application on December 22, 2004, for reconsideration by the Planning and Zoning Commission; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.590 of the Land Use Code, Conceptual Timeshare approval may be granted by the City Council at a duly noticed public heating after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, the City of Aspen / Pitkin County Housing Authority forwarded a unanimous recommendation of approval to City Council to approve the proposed affordable housing mitigation and replacement units for the project at their meeting held on November 19, 2003; and, WHEREAS, Conceptual PUD and Conceptual Timeshare review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on February 15, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public heating to February 22, 2005; and, WHEREAS, during a regular meeting on February 22, 2005, the Planning and Zoning Commission opened a duly noticed public heating to consider the amended project and continued the public heating to March 29, 2005, where the Commission discussed the proposal and continued the hearing to April 5, 2005; and, WHEREAS, during a regular meeting on April 5, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing to April 12, 2005; and, WHEREAS, during a special meeting on April 12, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the South Aspen Street Winter Maintenance Plan and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to May 10, 2005; and, WHEREAS, during a special meeting on May 10, 2005, the Planning and Zoning Commission opened a duly noticed public heating to consider the amended project and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to June 14, 2005; and, WHEREAS, during a special meeting on June 14, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to June 21, 2005; and, WHEREAS, during a regular meeting on June 21, 2005, the Planning and Zoning Commission opened a duly noticed public hearing to consider the amended project and continued the public hearing on the Lodge at Aspen Conceptual PUD and Timeshare to July 5, 2005; and, WHEREAS, during a regular meeting on July 5, 2005, the Planning and Zoning Commission approved Resolution No. 9, Series of 2005, by a four to one (4-1) vote, recommending that City Council approve the amended Conceptual PUD and Conceptual Timeshare application, with the findings and conditions listed therein; and, WHEREAS, Conceptual PUD and Conceptual Timeshare approval shall only grant the ability for the Applicant to submit a Final PUD and Timeshare Application and the proposed development is further subject to Final PUD review, Timeshare, Subdivision, Growth Management Quota System, Special Review, Condominiumization, 8040 Greenline approval pursuant to the Municipal Code; and, WHEREAS, during a duly noticed public hearing on August 22, 2005, the Aspen City Council continued review of the Lodge at Aspen Conceptual PUD to September 12, 2005; and, WHEREAS, during a continued public hearing on September 12, 2005, the Aspen City Council continued review of the Lodge at Aspen Conceptual PUD to September 26, 2005; and, WHEREAS, during a continued public hearing on September 26, 2005, the Aspen City Council continued review of the Lodge at Aspen Conceptual PUD to October 24, 2005; and, WHEREAS, during a continued public heating on October 24, 2005, the Aspen City Council continued review of the Lodge at Aspen Conceptual PUD to November 28, 2005; and, WHEREAS, during a continued public hearing on November 28, 2005, the Aspen City Council approved Resolution No. 69, Series of 2005, by a four to zero (4-0) vote, approving the Conceptual PUD and Conceptual Timeshare application to construct eighty (80) lodge units, twenty-one (21) fractional lodge units, four (4) free market residential units, and sixteen (16) affordable housing units, with the findings and conditions listed herein; and, WHEREAS, the Aspen City Cotmcil has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified heroin; 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 Lodge at Aspen Conceptual PUD and Conceptual Timeshare requests to construct a 120-unit, mixed use, hotel/fractional ownership project consisting of eighty (80) hotel rooms, twenty-one (21) fractional units, four (4) condominium units, sixteen (16) affordable housing units, commemial and ancillary space and a total of 231 parking spaces in two sub-grade parking garages, subject to the conditions established herein. Section 2: Final PUD Application The Final PUD application shall be generally consistent with the conceptual proposal and shall include the following: 1. An application for Final PUD, Final Timeshare, Subdivision, Rezoning, Special Review for Parking, Growth Management Quota System, 8040 Greenline Review, Condominiumization. A pre-application conference with a member of the Community Development Department is required prior to submitting an application. Delineation of all dimensional provisions to become requirements of the PUD. A proposed subdivision plat, PUD plans, subdivision/PUD Agreement and other submittal requirements specified in Section 26.445.060(B). A construction plan describing timing of construction components, areas of disturbance, contractor parking, and a physical plan for maintaining adequate access, including emergency access, to land uses remaining active during construction. The construction plan shall indicate that all construction hauling shall occur on South Aspen Street. A detailed phasing plan that describes overall timing of specific project phases, including the off-site improvements and describing construction affects on the neighboring properties. A detailed street design plan that includes provisions for street signage, pavement markings and pedestrian facilities. South Aspen Street adjacent to the Lodge at Aspen Mountain shall be increased in width so that the back of curb is located on the property line adjacent to South Aspen Street. Juan and Garmisch Streets adjacent to the Lodge at Aspen Mountain shall be increased in width to twenty-six (26) feet. 7. Proposed public sidewalk easements shall be included in the final PUD plans along Garmisch and Juan Streets where public sidewalks are proposed to be constructed in conjunction with the development proposal. 8. A complete storm water management plan that includes a drainage plan and report performed by a licensed Engineer within the state of Colorado. Section 3: Juan Street Air Space Rights As part of the final PUD application the Applicant shall submit a document outlining the terms of the use of the public air space over the Juan Street right-of-way for the private bridge. Said document will be reviewed as part of the final PUD application with the intent that it would serve as an agreement between the Applicant and the City for the use of the right-of-way. Section 4: Fire Access and Mitigation The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to allow for fire trucks to pass beneath it. The Applicant shall also submit a plan for fighting fires within the project's parking garages at the time of building permit. Section 5: Outdoor Liehtin~ and Street Lights The Applicant shall provide a detailed exterior lighting plan at time of final PUD application submittal. The exterior lighting plan shall include street lighting fixtures proposed in the adjacent right-of-ways as is required pursuant to Land Use Code Section 26.580.020(B)(1)(w), Street lights. Section 6: Air QualiW The Applicant shall submit a PM-10 mitigation plan as part of the final PUD submission that includes air quality mitigation measures recommended by the City of Aspen Environmental Health Department. Section 7: South Aspen Street The Applicant shall provide a detailed plan for making South Aspen Street safe for the anticipated increased traffic during the winter months as part of the final PUD application. In formulating this plan, the Applicant shall consult with other property owners who have properties that are accessed from South Aspen Street (south of Durant Avenue), whose properties may be subject to redevelopment in the near future. The intent of this provision is to ensure that any improvements to the street that are necessary would satisfy the future anticipated demand of traffic generated by all of the properties abutting South Aspen Street and south of Durant Avenue. Section 8: Employee Mitigation Plan The Applicant shall submit a detailed employee housing mitigation plan as part of their Growth Management application that shall be applied for prior to or in conjunction with the Final PUD application. Section 9: Construction Management Plan A Construction Management Plan shall be submitted with the final PUD application and shall meet the requirements of 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, haul routes, and an agreement to participate with other developments in the area under construction for staging and construction worker transportation purposes. As part of the construction management plan, the Applicants shall agree to requiring all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. The Construction Management Plan shall also include a fugitive dust control plan to be reviewed by the City Environmental Health Department that includes watering of disturbed areas including haul routes, 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. The Applicant shall also provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, the Timberidge Condominiums, the Shadow Mountain Condominiums, the Lift One Condominiums, and the Juan Street Affordable Housing Residences. Street closures concurrent with significant public events on Aspen Mountain shall be avoided to the greatest extent possible. Section 10: Lift Improvements The final PUD application shall address in more detail, the Lift lA improvements that the Applicants are proposing to fund. The final PUD application shall include at a minimum, the dollar amount of the lift improvements, a letter of commitment from the Aspen Skiing Company to make the lift improvements if funded by the Applicants, and a timeline for the completion of said lift improvements. Section 11: 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 12: This resolution shall not affect 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 13: 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 November 28, 2005, at a continued public heating before City Council. APPROVED AS TO FORM: ATTEST: Kathryn S. I~eh, City Clerk