Loading...
HomeMy WebLinkAboutordinance.council.001-06 ORDINANCE NO.1 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LIMELIGHT LODGE FINAL PLANNED UNIT DEVELOPMENT AND ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 125 LODGE ROOMS AND 15 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-I, BLOCK 77, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-182-19-001 Parcel No. 2737-131-05-001 Parcel No. 2737-182-18-001 Parcel No. 2737-073-42-001 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)(I), 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, WHEREAS, 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, 1111111111111111111111 ~~;~~:;I ~ ~ .5? JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 . 6.. 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, during a' duly noticed public hearing on January 23, 2006, the Aspen City Council continued the review of the application to February 6th; and, WHEREAS, the Applicants submitted a revised proposal containing 125 lodge units and fifteen (15) free-market residential units; and, WHEREAS, during a continued public hearing on February 6, 2006, the Aspen City Council approved Ordinance No.1, Series of 2006, by a four to one (4-1) vote, approving with conditions, the Limelight Lodge final PUD and associated land use actions to construct an incentive lodge consisting of 125 lodge units and fifteen (15) free-market residential units; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral" agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the Limelight Lodge Final PUD application, partial alley vacation, subdivision, rezoning to include a PUD overlay, Wheeler Mountain View Plane Review, Commercial Design Standard Variances, and Growth Management Review to construct 125 lodge units and fifteen (15) 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. 1111111111111111111111 ~~;~~:;I ~ ~ : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 Section 2: Rezoninl! 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, City Council hereby rezones the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn properties to include a PUD overlay. Section 3: Subdivision/PUD Plat and Al!reement . 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: Buildinl! 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. d. 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. e. 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. f. A final construction management plan pursuant to the requirements described in Section 6 of this ordinance. 111111111111111111111111111111111111111111111111111111 ~~ ~ ~ 40 ~ 11 JANICE K VOS CAUDILL PITKIN COUNTY CO R /26/2006 11: 52 56.00 0 0.00 g. 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 Reauirements The dimensional requirements established in this PUD are as follows: Dimensional Requirement Minimum Lot Size Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback Maximum Height Minimum Percent Open Space Allowable External FAR Minimum Off-Street Parking PUD Dimensional Requirements 6,000 SF 60 Feet o Feet o Feet o Feet Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc. * Per Roof Height Plan Presented at 2/6/06 City Council Meeting Residential: 42 Feet, measured from existing grade and 46 feet for elevator head enclosures, fireplace flues, and vent terminations. * Per Roof Height Plan Presented at 2/6/06 City Council Meeting. 77% Maximum Site Coverage 2.43: 1 .4 Parking Spaces per Lodge Unit 2 Parking Spaces per Residential Unit Section 6: Construction Mana2ement 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 at 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 1111111111111111 111111 :;~~~:;I ~ ~ : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 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 to 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. Street closures of South Monarch Street and East Cooper Avenue shall be administered by the City of Aspen Building Department subject to obtaining temporary encroachment licenses. 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 Meetinl! 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 Mitil!ation 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. 1111111111111111 111111 :;~~~:;I ~ ~ : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 o 0.00 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: Deliveries in Block 76 Allev There shall be no deliveries to the extent practical to the Limelight Lodge via the . remaining Blo~k 76 alleyway. Section 14: Lod2e Emplovee Audit 4-t\n employee audit on the lodge component and residential component of the development shall be conducted after two full fiscal years from the date of issuance of the certificate of occupancy to verify that only 40 FTEs are needed to operate the new lodge, pursuant to 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. 1111111111111111 111111 :;~;~~:;I ~ ~ : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 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. Should the housing audit referenced above 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 42 full-time employees after consolidating ownership of the properties, of which 2 FTEs shall be credited to the free- market residential component in order to lower its employee housing mitigation requirement to 3.36 I-bedroom affordable housing units or cash-in-lieu thereof) 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 ~ash-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. d. Employee housing units or cash-in-lieu thereof equal to 3.36 I-bedroom units shall be provided prior to requesting a final building inspection on any of the residential or lodge units within the project. Section 15: Deep Powder Relocation The Applicants shall pay $20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the Applicants. Section 16: Landscapinl! 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 locate4 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: 1111111111111111 111111 ~~;~~:;I ~ ~ : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 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 17: Pedestrian Amenity The Applicants are proposing to provide pedestrian amenity for 1 % (approximately 550 square feet) of lot square footage. The Applicants shall pay a cash-in-lieu fee of providing pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per square foot) prior to building permit issuance. Section 18: PM-I0 Miti2ation The Applicants shall execute the following methods ofPM-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 RFT A 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 19: Corner Bulb-Outs The comer bulb.;.outs shall contain tapered curb lines of 15 degrees leading into the comer bulb outs proposed in the South Monarch Street and East Hyman Avenue right-of-ways for snow plowing purposes. Additionally, a street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street where the comer bulb-outs are propos~d. Section 20: Ri2ht-of-Wav 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. 1111111111111111 111111 :;~~~:;I ~ ~ : 52 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 J 0.00 Section 21: Sidewalk.. Curb.. and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the right-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 22: Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing 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 application. Section 23: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the 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 the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. Section 24: Exterior Lil!htinl! All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 25: 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 26: 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 27: 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. !l('I~J~IIJ~II!II!'~II('~!'~I!(~J~J~!II~1 ~J! 00~~;~i;~I0 ~ ~ : 521 Section 28: Development Timinl! 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 29: Allev Vacation The eastern 150 feet of the alleyway located in Block 76 of the City and Townsite of Aspen is hereby vacated subject to the following requirements: a. Ownership and title to the lands so vacated shall vest as provided in and by Section 43-2-302 of the Colorado Revised Statutes. b. The City Clerk is hereby directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. c. The City Engineer is hereby directed, upon adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. d. The alley vacation is approved based on the finding that the vacation will not leave any adjoining lands without a means of access over an established public right-of-way connecting such lands to an established public street. e. An alley vacation plat shall be filed and recorded at the Pitkin County Clerk and .Recorder's office in association with recording the final subdivision plat and PUD plans. Section 30: This Ordinance 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 construed and concluded under such prior ordinances. Section 31: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Section 32: All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission, or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ~~1:~~ .00 0 0.00 Section 33: A public hearing on the ordinance was held on the 23rd day of January, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 6th day of February, 2006. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of January, 2006. Attest: FINALLY, adopted, passed and approved by a vote of four to one (4-1), this 6th day of February, 2006. Attest: Approved as to form: 11111111111111111 1111111 ~~;~~~~f 1 ~ ~ 521 JANICE K VOS CAUDILL PITKIN COUNTY CO R 56.00 0 0.00 ~A;:;:- - n P.- - orcester, City Attorney