HomeMy WebLinkAboutresolution.apz.032-06
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING WITH CONDITIONS THE APPROVAL OF THE
SMUGGLER RACQUET CLUB CONCEPTUAL PUD AT 1000 MATCHLESS
DRIVE, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-02204
Resolution #32-06
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, represented by Vann Associated, requesting approval of
a Conceptual PUD Development for the redevelopment of the Smuggler Racquet Club
and the development of affordable housing; and,
WHEREAS, the subject property is approximately 202,717 sq. ft., is zoned as R-
15 in the County, but does not have existing zoning in the City; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a
Conceptual PUD, during a duly noticed public hearing after considering a
recommendation from the Planning and Zoning Commission made at a duly noticed
public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on March 6th, 2007, the Planning
and Zoning Commission opened and continued the public hearing to April3rd, 2006; and
WHEREAS, during a duly noticed public hearing on April 3'd, 2007, the Planning
and Zoning Commission approved Resolution No. 32, Series of2006, by a five to zero (5-
0) vote, recommending the Aspen City Council approve a Conceptual PUD for the
Smuggler Racquet Club; 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 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 Community
Development Director, the applicable referral agencies, and has taken and considered public
comment; 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 Section 26 of the City of Aspen
Municipal Code, the Aspen Planning and Zoning Commission hereby recommends the
Aspen City Council approve a Conceptual PUD for the development of affordable
housing and the redevelopment of the Smuggler Racquet Club at 1000 Matchless Drive,
City of Aspen, subject to the Conditions contained herein.
Section 2: Final PUD Application
The Final Application shall include a detailed Landscaping Plan showing the location of
proposed trees and other landscaping improvements, and a preliminary Construction
Management Plan for review. The Applicant shall also work with the Engineering
Department and the Community Development Engineer to determine the best access off
of Park Circle. This location shall be reflected in plans submitted with the Final PUD
Application.
Section 3: Historic Preservation
The City Council shall consider historic designation of the cabin located on the upper
bench near Park Circle, pursuant to HPC Resolution 1, Series 2007, concurrently with
their consideration of the Final PUD approval. The cabin is subject to regulations in
Section 26.415 of the Land Use Code.
Section 4: Landscapinl!
Prior to the removal of any trees, the Applicant shall receive a tree removal permit from
the Parks Department. A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan indicating the
location ofthe tree protection will be required for the bldg permit set. No excavation,
storage of materials, storage of construction backfill, storage of equipment, foot or
vehicle traffic allowed within the drip line of any tree remaining on site. This fence must
be inspected by the city forester or his/her designee (920-5120) before any construction
activities are to commence
Landscaping in the public right of way will be subject to landscaping in the ROW
requirements.
The Applicant shall work with the Parks Department to select specific species to be
planted on-site.
As part of the Final PUD approval, the Applicant shall work with the Parks Department
to determine the appropriate location of street trees along Park Circle. This requires
adequate irrigation pressure and coverage, improvements to the soil profiles of the ROW
(amending the current soils to improve air, water filtration and increase longevity of the
new plantings). The parkway strip shall be a minimum of a 5-foot strip.
Section 5: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 6: Water Department Requirements
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) ofthe Aspen Municipal Code, as required by the City of Aspen Water Department.
Each building shall have its own water counection with individual metering for each unit
and for each common use.
An 8-inch looped counection from the existing water line on Matchless Dr. to the existing
line on Park Circle to serve the property is required. Hydrants will be required along this
connection in accordance with the recommended placement of the Fire Marshall and in
accordance with spacing requirements contained in the Aspen Water System standards.
A single connection per building with individual metering for each unit and for each
common use is required.
Surface water flows across the site will need special attention. Including but not limited
to adjudicated irrigation rights, mine runoff and storm runoff. This shall be addressed in
the Final PUD application.
Section 7: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
counections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements. Below grade development may require
installation of a pumping system.
One tap is permitted for each building. Shared service line agreements may be required
where more than one unit is served by a single service line. Permanent improvements are
prohibited in sewer easements or right of ways. Landscaping plans will require approval
by ACSD where soft and hard landscaping may impact public ROW or easements to be
dedicated to the district.
All ACSD fees shall be paid prior to the issuance of a building permit.
Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Glycol heating and snowmelt system must be designed to prohibit and discharge of
glycol to any portion of the public and private sanitary sewer system. The glycol storage
areas must have approved containment facilities.
Section 8: Mine Drainal!e
Prior to submittal of a Final PUD Application, the Applicant shall investigate the
potential for increases of flow from stored mine drainage. This shall include the potential
for substantial increases of flow from stored mine drainage in the Molly
Gibson/Smuggler/Cowenhoven Turmel system. Documentation shall be provided as part
of the Final PUD Application.
The size of the easement area for mine drainage and any underground collection or pipe
conveyance of the mine drainage shall consider the historic quantity of discharge and the
anticipated flows.
Details of the current and anticipated condition of the mineshaft shall be provided with
the Final PUD Application.
Section 9: Smul!l!ler Mine Remediation
The Applicant shall comply with Ordinance No. 25, Series of 1994 regarding the
handling of any contaminated soils within the former Smuggler Superfund Site prior to
any excavation on and/or prior to the application for building permits on both lots. All
soils on the Fathering Parcel shall be considered contaminated unless determined
otherwise through testing that adheres to the protocols that were established by the
Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If,
pursuant to said tcsting protocols, the soils are found to be uncontaminated, the following
requirements shall not apply. However, to the extent that any contaminants are
discovered, the following requirements shall apply:
1) All contaminated soils that are removed from the site shall be transported to
the Pitkin County Landfill and disposed of at the Smuggler repository. Any
disturbed soil or material that is to be temporarily stored above ground or remain
on site shall be securely contained on and covered with a non-permeable tarp or
other protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
2) The owner and general contractor of any development on Lots 1 and 2 of the
South and Gibson Subdivision shall submit a letter to the City of Aspen
Environmcntal Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994
prior to any excavation and/or issuance of building permits for the property.
3) The owner shall complete a Soil Removal Permit and Affidavit for excavation
prior to any excavation or disturbance of dirt and prior to any issuance of building
permits for the properties.
Section 10: Affordable Housinl!
Affordable housing is provided on this site as part of the mitigation requirements for the
Lodge at Aspen Mountain. Twenty-eight (28) units shall be provided for the Lodge at
Aspen Mountain mitigation on Lot 1. One (1) Affordable Housing unit shall be provided
as part of the Smuggler Racquet Club redevelopment on Lot 2.
Affordable Housing units on Lot 1 shall be "for sale" and sold through the lottery system
by APCHA. The Affordable Housing unit on Lot 2 shall be "rental." Deed restriction for
all units shall be recorded at the time of the Condo Plat and prior to Certificate of
Occupancy.
The twenty-eight (28) units will be broken into one (1) studio unit, thirteen (13) one-
bedroom units, eight (8) two-bedroom units, and six (6) three-bedroom units. The
categories shall be determined in cooperation with APCHA.
Section 11: Parkinl! and Transit
The Final PUD Application shall designate areas for snow storage in all parking areas,
and shall indicate the location of an access easement from Park Circle to Lot 1. To the
extent the access easement providing access to Lot 1 from Park Circle eliminates
Smuggler Trail Head parking, the Final PUD Application shall address how overflow
parking from the Smuggler hiking trail will be accommodated. The Final PUD
Application shall address the potential for a bus stop along Park Circle near the entrance
to the proposed development.
The number of parking spaces shall be established by Special Review at Final PUD
approval, and at a minimum shall include thirty-eight (38) parking spaces for the Racquet
Club parcel on Lot 2 and forty-four (44) spaces for the Affordable Housing units on Lot
1.
Section 12:
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 13:
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 14:
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 on this 3rd
day of April, 2007.
~:::-._--
PLANNING AND ZONING
COMMISSION:
M-i/~4~
Ruth Kruger, Chair ()
APPROVED AS TO FORM:
ATTEST:
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