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HomeMy WebLinkAboutresolution.apz.029-06 RESOLUTION NO. 29 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A COMMERCIAL DESIGN REVIEW AND GROWTH MANAGEMENT REVIEW, AND RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT, WITH CONDITIONS, FOR THE PROPERTY AT 330 EAST MAIN STREET, LOTS A-I, AND O-S, AND THE EASTERLY 20' OF LOT N AND THE EASTERLY 170' OF THE V ACA TED ALLEY, BLOCK 79, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273707321001 WHEREAS, the Community Development Department received an application from Hotel Jerome Inc., represented by Vann Associates LLC, requesting approval of a POO Amendment, Growth Management Review and Commercial Design Review for 330 East Main Street; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed POO Amendment, Growth Management Review and Commercial Design Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen 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, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on October 3, 2006, at which time the Commission considered and found the application to meet the review standards, and approved a Commercial Design Review and Growth Management Review, and recommended City Council approval of a POO Amendment, by a vote of 5-0 to the Hotel Jerome Inc., located at 330 East Main Street, City and Townsite of Aspen; 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: 1111111111111111111111 ~:~;~~:;~ ~3: 211 I JRNICE K vas CAUDILL PITKIN COUNTY CO R 36.00 o 0.00 Section 1 Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, a Commercial Design Review and a Growth Management Review for the Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use Development, and recommends that City Council approve with conditions a POO Amendment for the Hotel Jerome, located at 330 East Main Street, Lots A-I, and O-S, and the easterly 20' of Lot N and the easterly 170' of the vacated alley, Block 79, City and Townsite of Aspen. Section 2: Auuroval of the Develoument Plans Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the applicant shall record the Hotel Jerome Final POO, subject to the following conditions: 1. A POO Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a POO Agreement, pursuant to Section 26.445.070(C). b. A Height Plan with elevations as approved at all roof comers. Section 3: Dimensional Auurovals The following dimensional requirements of the POO as required by Section 26.445.040(c) are approved and shall be printed on the Final POO Plan: 47,735 sq. ft. N/ A: No Dwelling Units Per PUD Agreement: Improvement Survey Per PUD Agreement: Improvement Survey Per PUD Agreement: Improvement Survey Per PUD Agreement: Improvement Survey 54 feet: See PUD Agreement Height Plan N/ A: One structure TOTAL: 122,411 sq. ft. Commercial: 15,985 sq. ft. Hotel Units: 65,053 sq. ft. Other: 41,373 s . ft. 47 spaces; underground 11111\\\ II \\\111\ 1\ 11\ I \\11I1111 III ~:~~ ~~;~ 0 ~3 : 211 JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D 0.0 2 Section 4: Buildinl! Permit Submittal The following conditions are applicable to this approval. a. The building permit application shall include the following: b. A copy of the final recorded ordinance c. The conditions of approval printed on the cover page of the building permit set. d. A completed tap permit for service with the Aspen Consolidated Sanitation District. e. 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. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impact fees, housing fees and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 3. The Applicant shall complete (prior to any demolition) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until submittal of this report. If there is a finding of no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 5: Utility and Service Conditions of Auuroval The following conditions are applicable to this approval. 1. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with 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. 2. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. II"JIJIJ'&I ;;~=z: ;"" R 36.00 0 0.00 3 3. The Applicant shall meet the requirements of the Fire Marshal. Section 6: Enl!ineerinl! Requirements and Conditions: The following conditions are applicable to this approval. 1. The Applicant and contractors are hereby notified that there will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. 2. The Applicant shall submit a construction management plan as part of the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 3. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. Section 7: Environmental Health The following conditions are applicable to this approval. I. Pay City of Aspen Air Quality Impact Fee (if in place by building permit submittal). Section 8: Lil!htinl! All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. A lighting plan will be submitted for review and approval to the Community Development Department prior to building permit issuance. !1"IIf.I~'I~ ~~=,~~ ;"" R 36.00 0 0.00 4 Section 9: Landscauinl! Imurovements The following conditions are applicable to this approval. 1. All landscaping in the public right-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The Applicant shall obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. 2. The applicant shall submit a Landscape Plan to be reviewed and accepted by the Parks Department. 3. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department. a. The Parks Department must inspect and approve of the fence location 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 fenced drip line. Section 10: Emulovee Housinl! The following conditions are applicable to this approval: 1. The Applicant shall renovate the Cortina Lodge to accommodate 21 employees. The applicant shall establish four studio units, ranging from 264 square feet to 299 square feet in the Lodge's one-story structure; four dormitory suites that will each contain two bedrooms with a shared bath and individual closets, with suites ranging from 535 square feet to 659 square feet in the Lodge's two-story structure; a common kitchen dining area and laundry. 2. The units will be deed restricted to APCHA's Category I income and occupancy guidelines. A certificate of occupancy will be issued for the units prior to or concurrent with the issuance of a certificate of occupancy for the renovated Hotel. 3. The applicant shall mitigate the remaining one (1) employees via a cash-in- lieu payment. 4. The applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. \ \11\\\ 11\\\ 11\\\\ 111\ 1\\\111 II \111111\ III 1111\ 1\\\ 111\ ~:~~;~~0~3 :211 JANICE K vas Cl=IUDILL PITKIN COUNTY co R 36.00 5 Section 11: Historic Landmark Desil!nation Applicant shall submit an application for Historic Landmark Designation for the Cortina Lodge, pursuant to Section 26.415.030.B of the Municipal Code, Criteria for listing on the Aspen Inventory of Historic Landmark Sites and Structures, prior to building permit Issuance. Section 12: Hotel Suites The Final POO Development Plan shall represent that in the event of condominiumization of the three new hotel suites on the top floor of the west side of the Annex building, these three suites shall remain available for nightly rentals unless a POO Amendment is approved pursuant to Section 26.445.1 OO(B). Section 13: Park Develoument Imuact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Section 14: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein 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 15: 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 16: 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. Attest: ~U~~dAJ{Wd~/Wc;. . Jackie Lothian, Assistant City c~asmine Tygre, Chair 11111111111111111111111111111111111111 ~~;~~:;~ ~3. 211 JANICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 . 6 FINALLY, adopted, passed and approved by the Planning and Zoning Commission this 3rd day of October, 2006. Approved as to form: ~~)~ C Attorney 11,'JIJfJIJ'~1 ~~~~~: ;,,,, R 36.00 0 0.00 7