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HomeMy WebLinkAboutresolution.apz.038-05RESOLUTION NO. 38 (SERIES OF 2005) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE LIMELIGHT LODGE FINAL PLANNED UNIT DEVELOPMENT AND ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 125 LODGE ROOMS AND 17 RESIDENTIAL DWELLING UNITS ON THE LIMELITE LODGE, DEEP POWDER LODGE, AND SNOWFLAKE INN PROPERTIES, DESCRIBED AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D-I AND LOTS O-S, BLOCK 76, CITY AND TOWNSITE OF ASPEN, AND LOTS A-l, BLOCK 77, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 273 7-182-19-001 Parcel No. 273 7-131-05-001 Parcel No. 273 7-182-18-001 Parcel No. 273 7-073-42-001 WHEREAS, the Community Development Department received an application from Limelite Inc. and Limelite Redevelopment LLC, owners, represented by Steve Szymanski, requesting approval of a Final Planned Unit Development, Partial Alley Vacation, Rezoning, Subdivision, Wheeler Mountain View Plane Review, Residential Design Standards Variances, Commercial Design Standard Variances, and Growth Management Review, to construct 125 lodge units and seventeen (17) free market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A-I, Block 77, City and Townsite of Aspen; and, WHEREAS, the subject properties contain approximately 64,000 total square feet and are located in the Lodge Zone District; and, WHEREAS, the Community Development Director has determined in consultation with the Applicants that it would be appropriate for the review of all of the land use requests associated with the final PUD application to be combined with the review of the final PUD application to ensure clarity in the final decision pursuant to Land Use Code Section 26.304.060(B)(1), Combined reviews; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the City Council may approve, approve with conditions, or deny a Final 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, WItEREAS, during a duly noticed public hearing on December 6, 2005, the Planning and Zoning Commission continued the review of the proposal to December 13, 2005; and, WHEREAS, during a duly noticed public hearing on December 13, 2005, the Planning and Zoning Commission approved Resolution No. 38, Series of 2005, by a five to zero (5-0) vote, recommending that City Council approve with conditions, the Limelight Lodge final PUD and associated land use actions to construct an incentive lodge consisting of 125 lodge units and seventeen (17) free-market residential units; 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 herein; 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 Limelight Lodge Final PUD application, partial alley vacation, subdivision, rezoning to include a PUD overlay, Wheeler Mountain View Plane Review, Residential Design Standards Variances, Commercial Design Standard Variances, and Growth Management Review to construct 125 lodge units and seventeen (17) free market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A-I, Block 77, City and Townsite of Aspen, subject to the conditions contained herein. Section 2: Rezoning to include a PUD Overlay Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council rezone the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn properties to include a PUD overlay. Section 3: Subdivision/PUD Plat and Agreement The Applicants shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a final Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A final grading and drainage plan. e. A final utility plan. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. A final construction management plan pursuant to the requirements described in Section 6 of this resolution. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilization plan prepared by a licensed Engineer. Section 5: Dimensional Requirements The dimensional requirements established in this PUD are as follows: Dimensional Approved PUD Requirement Dimensional Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Front 0 Feet Yard Setback Minimum Side Yard 0 Feet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc. Residential: 36 to 38 Feet (42 feet reduced by 10~15%), measured from existing grade and 39 Feet to 41 Feet 6 Inches (46' reduced by 10-15%) for elevator head enclosures, fireplace flues, and vent terminations. Minimum Percent 76% Maximum Site Open Space Coverage Allowable External 2.42:1 FAR Minimum Off-Street .4 Parking Spaces per Parking Lodge Unit 2 Parking Spaces per Residential Unit Section 6: Construction Management A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include a~ a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan lo be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), 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. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. The Applicants shall not be allowed to close Monarch Street during construction except when doing utility work in Monarch Street and constructing comer bulb-outs. The Applicants shall coordinate with the Roaring Fork Transit Agency (RFTA) and the City to schedule a closure of Monarch Street. Street closures concurrent with significant public events in Wagner Park shall be avoided to the greatest extent possible. Additionally, the Applicants shall not be allowed to close off and use the western 10 feet of South Monarch Street for staging through the entirety of the construction process as was proposed in the application, but rather the Applicants can do so subject to a temporary encroachment license for periods of time not to exceed three (3) months. The Applicants shall also provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, the 210 E. Cooper Condominiums, the Park Central Condominiums, the Park Central West Condominiums, and the Towne Place of Aspen Condominiums. Section 7: Pre-Construction Meeting The Applicants shall conduct a pre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, the Community Development Engineer, a representative of the City Building Department, and the Community Development Department's case planner. Section 8: Fire Mitigation The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall in both the residential and lodge developments. 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 structures prior to building permit submittal. Section 9: 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 residential units. Each residential unit shall have an individual water meter but the Applicants will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building. 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. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of-way above ACSD main sewer lines. The Applicants shall enter into a shared service line agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. Section 11: Sewer Line Relocation The Applicants shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. Section 12:Transformer Relocation The Applicants shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation. The Applicants shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. Section 13: Growth Management Implications and Employee Housing Mitigation The Applicants shall pay cash-in-lieu of providing affordable housing in the amount of $398,220.00 (subject to adjustment based on the final square footage of the residential unit building) prior to building permit issuance on any portion of the project, unless an deed restricted, on-site affordable housing unit is provided pursuant to Section 28 herein. An employee audit on the lodge component of the development shall be conducted after two full fiscal years from the date of issuance of the certificate of occupancy under the following terms: a. The Applicants shall provide an up-to-date report on the current employees at the time of final plat. b. The Applicants shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. c. The Applicants shall be fully responsible for all fees associated with retaining an auditor. d. The audit shall occur after two full fiscal years of operation. Section 14: Lodge Employee Audit Should the housing audit referenced in Section 13 indicate that the new Limelight Lodge is employing more than the forty (40) full-time employees (the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn to be demolished had 48 full-time employees pr/or to consolidating ownership, of which 8 FTEs shall be credited to the free-market residential component in order to lower its employee housing mitigation requirement to the cash-in- lieu fee of $398,220.00 required in Section 13 above) that are anticipated to operate the new lodge, the Applicants shall return to the Housing Authority under the following terms: a. The Applicants shall provide deed restricted, affordable housing or cash-in-lieu thereof to mitigate for 30% of the additional employees above 40 full-time employees. b. The Applicants shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all full-time payroll and non-payroll employees generated by the application. Section 15: Landscaping The Applicants shall submit a detailed landscaping plan as part of the building permit application. This landscaping plan shall include a plan for right-of-way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. Appropriate street tree plantings are required along all streets adjacent to the property. The Applicants shall preserve the existing Cottonwood tree located on the comer of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. Additionally, the stand of large Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Applicants shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Applicants shall also remove the three (3) conifers located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Avenue. A 2-year maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be planned excavation within or adjacent to their driplines. Section 16: Pedestrian Amenity The Pedestrian Amenity requirement is hereby reduced to 10% (approximately 3,700 square feet) of the site's square footage because the project will have a positive contribution to the pedestrian environment pursuant to Land Use Code Section 26.412.060(B)(6), Pedestrian Amenity. Of the 10% pedestrian amenity requirement, the Applicants are proposing to provide pedestrian amenity for 1.5 % (approximately 550 square feet) of the site and pay cash-in-lieu for the remainder of the requirement. Therefore, the Applicants shall pay a cash-in-lieu of providing pedestrian amenity in the amount of $157,250.00 prior to building permit issuance. Section 17:PM-10 Mitigation The Applicants shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only one parking space per unit and require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide free RFTA bus passes to employees that live outside the City of Aspen. c. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. Section 18: Right-of-Way Improvements The Applicants shall reconstruct E Cooper Avenue between South Aspen Street and South Monarch Street and split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inlet on the southeast comer of S. Aspen Street and E. Hyman Avenue, the Applicants shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development. Section 19: Sidewalk~ Curb~ and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the fight-of-way adjacent to all of the property subject to this development prior to issuance of a certificate of occupancy on any portion of the development. On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. The north-facing curbs shall be heated. Section 20: 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 properties 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 21: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at thc 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 multi-family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by thc City of Aspen Zoning Officer using the fcc schedule in place at the time of building permit issuance. Section 22: Exterior Lightine All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 23: Wildlife Trash Containers The Applicants shall install a wildlife-proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Applicants shall install a trash compacter for use of the lodge building to limit solid waste pick-ups in the alleyway of Block 76. Section 24: Food Service Facilities Food service plans meeting the requirements of the City of Aspen Environmental Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License. Section 25: 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 swimming pool facility prior to installation. Section 26: Development Timing The Applicants shall obtain a certificate of occupancy on all the lodge component of the development prior to obtaining a certificate of occupancy on any of the residential units within the development. Section 27: Height of Residential Building The Planning and Zoning Commission's support of this project is conditioned upon an overall reduction in the height of the building on the south parcel by 10% to 15% from the building heights that were proposed in the Limelight final PUD application dated November 4, 2005. Section 28: On-site Affordable Housing Unit The Applicants shall study the feasibility of providing a deed-restricted, on-site affordable housing unit within the confines of the existing proposal rather than paying the cash-in-lieu fee that is required in Section 13 and Section 14 herein. The Applicants shall amend their plans to include the unit before City Council's review of the final PUD application or report to City Council why it is not feasible to provide the on-site unit. Section 29: All material representations and commitments made by the applicant pursuant to the development proposal approvals as heroin awarded, whether in public hearing 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 30: 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 31: 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 by a five to zero (5-0) vote on this 13th day of December, 2005. APPROVED AS TO FORM: City Attorney ~- PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ~/(~ ATTEST: ~ackie Lothian, Deputy City Clerk