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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: ~ F:\Smuggler Racquet Club\P&Z\SmugglerPZ Reso_03 0607.doc