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Resolution No. 36
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION DENYING GROWTH MANAGEMENT QUOTA SYSTEM
APPROVALS, COMMERCIAL DESIGN REVIEW APPROVAL, AND
CONDITIONAL USE APPROVAL, AND RECOMMENDING CITY COUNCIL
DENY THE SUBDIVISION REQUEST FOR REDEVELOPMENT OF THE SKY
HOTEL, 709 EAST DURANT AVENUE, CITY OF ASPEN, COLORADO.
Parcel ID:2737.182.80001
WHEREAS, the Community Development Department received an application
(the Sky Hotel Redevelopment project) from Aspen Club Properties, LLC, (Applicant),
represented by Sunny Vann of Vann Associates, requesting approval of ten (10) free-
market residential growth management allotments, three (3) affordable housing growth
management allotments, Commercial Design Review, Conditional Use approval,
Subdivision approval, Condominiumization approval, vacation of a portion of an
alleyway, reconsideration of Ordinances Nos. 12, Series of 1961; 2, Series of 1962, and 3,
Series of 1962, and vested rights for a period of five (5) years for the redevelopment of
the Sky Hotel; and,
WHEREAS, the Property is legally described as the Woodstone Inn
Condominiums, according to the condominium map thereof filed with the Pitkin County
Clerk and Recorder March II, 1983 in plat book 14 at page 45 through 49, inclusive, as
reception number 248609, and as further described in the Condominium Declaration for
Woodstone Condominiums recorded March II, 1983, in book 441 and page 814 as
reception number 248608; a non-exclusive ingress/egress easement described in an
unrecorded easement agreement, notice for which was given by short form easement
agreement recorded April 25, 1977 in book 327 at page 777; and, Encroachment License
Agreements recorded in book 316 at page 232, book 425 at page 907, book 425 at page
913, book 425 at page 919, and book 498 at page 909. The property is approximately
42,645 square feet and is zoned Lodge. The property is commonly known as the Sky
Hotel and is addressed as 709 East Durant Avenue, Aspen, CO. The property owner is
Aspen Club Lodge Properties, LLC; 1000 Potomac Street, NW, Suite 150; Washington, DC
2007; represented by Sunny Vann of Vann Associates, LLC; 230 East Hopkins Avenue;
Aspen, CO 81611; and,
WHEREAS, the site currently contains 90 hotel units, ancillary commercial space,
and underground parking in a structure of approximately 44,000 square feet of Floor Area.
The Sky Hotel Redevelopment project includes 90 hotel units, 10 free-market residential
units, 3 affordable housing units, ancillary commercial space, and underground parking in a
structure of approximately 103,200 square feet of Floor Area as defined by the City of
Aspen; and,
Planning and Zoning Commission Resolution
No 36, Series of 2005
Page I
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 rcsult of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the Sky Hotel Redevelopment project according to the standards of
review for each of the requested land use approvals and recommended approval with
conditions; and,
WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth
Management Review for free-market residential allotments and affordable housing
allotments may be approved, approved with conditions, or denied by the Planning and
Zoning Commission at a duly noticed public hearing after considering recommendations
by the Community Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.425 of the Land Use Code, Conditional Use
Review may be approved, approved with conditions, or denied by the Planning and
Zoning Commission at a duly noticed public hearing after considering recommendations
by the Community Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Section 26.412 of the Land Use Code, Commercial
Design Review may be approved, approved with conditions, or denied by the Planning
and Zoning Commission at a duly noticed public hearing after considering
recommendations by the Community Development Director, and relevant referral
agencies; and,
WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision
Review may be approved, approved with conditions, or denied by the City Council at a
duly noticed public hearing after considering recommendations by the Planning and
Zoning Commission Community, Development Director, and relevant referral agencies;
and,
WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during
a regular meeting on November 15,2005, continued to November 29, 2005, continued to
January 17, 2006, and continued to January 31, 2006, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the project and where the
recommendations of the Community Development Director and comments from the
public were heard and considered a motion to approve the request for ten (10) free-market
residential growth management allotments, three (3) affordable housing growth
management allotments, Commercial Design Review, Conditional Use approval, and to
recommend to City Council Subdivision approval, with the findings contained in Exhibit
A of the November 29, 2005 staff memorandum and the conditions of approval
recommended by the Community Development Director; and,
WHEREAS, the motion failed by a three to three (3-3) vote resulting in a denial
of free-market residential growth management allotments, denial of affordable housing
growth management allotments, denial of Commercial Design Review, and denial of
Planning and Zoning Commission Resolution
No. 36, Series of 2005
Page 2
Conditional Use review, and a recommendation to City Council for denial of the
Subdivision review.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1: Denial bv Plannin2 and Zonin2 Commission
The Planning and Zoning Commission hereby denies the land use requests for free-
market residential growth management allotments, affordable housing growth
management allotments, Commercial Design Review, and Conditional Use approval for
the Sky Hotel Redevelopment project.
Section 2: Recommendation of Denial bv Plannin2 and Zonin2 Commission
The Plmming and Zoning Commission hereby recommends the City Council deny the
Subdivision request for the Sky Hotel Redevelopment project.
Section 3:
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 smne shall be conducted and concluded under such
prior ordinances.
Section 4:
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 bc deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED by the Commission at its special meeting on January 31, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
ATTEST:
C:\home\Current Planning\CASES\Sky Hotel\Rcso-dcnial.doc
Planning and Zoning Commission Resolution
No 36, Series of 2005
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