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HomeMy WebLinkAboutresolution.apz.003-07 RESOLUTION NO. 03 (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A FINAL PLANNED UNIT DEVELOPMENT, GMQS APPROVAL FOR A MULTI-YEAR ALLOTMENT AS AN EXCEPTIONAL PROJECT, FINAL TIMESHARE, SUBDIVISION, CONDOMINIUMIZATION AND APPROVES THE APPLICABLE GMQS REQUESTS, 8040 GREENLINE AND CONDITIONAL USE REQUESTS IN ORDER TO CONSTRUCT THE LODGE AT ASPEN MOUNT AIN, LEGALLY DESCRIBED AS BLOCK 6 EAMES ADDITION AND LOTS 7-20, BLOCK 11 OF THE EAMES ADDITION AND A SMALL METES AND BOUNDS TRIANGULARLY SHAPED LOT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2735-131-23-001 (Mine Dump Apartments) 2735-131-13-001 (Parcel with the Single-Family Residence) WHEREAS, the Community Development Department received an application from the Aspen Land Fund II, LLC, represented by Sunny Vann of Vann Associates, requesting approval of the Lodge at Aspen Mountain Final Planned Unit Development, Final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040 Greenline Review, and Condominiumization to construct a lodge containing eighty (80) hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units, thirteen (13) on-site affordable housing units, and accessory facilities; and, WHEREAS, City Council granted Conceptual PUD and Conceptual Timeshare approval pursuant to City Council Resolution 69, Series of 2005 on November 28, 2005; and, WHEREAS, the parcels subject to the application consist of a total of 104,518 square feet; and, WHEREAS, the Community Development Department solicited and received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, the City of Aspen / Pitkin County Housing Board forwarded a unanimous recommendation of approval to City Council to approve the proposed affordable housing mitigation and replacement units for the project at their meeting held on November 15, 2006; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission recommended that City Council approve Resolution No. 03, Series of 2007, by a four to zero (4-0) vote, recommending that City Council approve with conditions, the Lodge at Aspen Mountain Final PUD, Final Timeshare, Subdivision, Growth Management Reviews, Conditional Use, 8040 Greenline, and Condominiumization to construct a lodge consisting of eighty (80) lodge rooms, twenty- one (21) timeshare lodge rooms, four (4) free-market residential units, and thirteen (13) on-site affordable housing units; and, WHEREAS, The Commission finds that the applicable development review standards are met by the proposal, provided that the conditions established herein are complied with. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission hereby approves the requested Growth Management Review for the Conversion of Residential Reconstruction Credits, Growth Management Review for the Expansion/New Commercial, Lodge or Mixed Use Development, Growth Management Review for Affordable Housing, Conditional Use, and 8040 Greenline Review; and recommends that City Council approve the Lodge at Aspen Mountain Final Planned Unit Development, Final Timeshare, Subdivision, Growth Management Review for Affordable Housing Outside the City Limits, Growth Management Review for Multi-Year Allotments, and Condominiumization to construct a lodge containing eight (80) hotel rooms, twenty-one (21) fractional lodge units, four (4) free-market residential units, thirteen (13) on-site affordable housing units, and accessory facilities, with the conditions contained herein. Section 1: Subdivision Plat. PUD Plans and Al!reements The Applicants shall record a Subdivision Plat and Subdivision Agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a Final 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 2: Buildinl! Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P Z Resolution. 2 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 4 ofthis resolution. 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 3: Dimensional Requirements The following table outlines the approved dimensions: Minimum Lot Size Side Yard Setback 39,249 Sq. PI. represents the smallest of the two existing arcels Multi-Family- I bedroom per 1,000 square feet oflot area. Lod e- No Re uirement Parcel 1- 2.8 to 10.8' Parcel 2- 5.9 to 58.9' Parcel 1- East Side Yard-7.4 to 31.2' West Side Yard- 106.2' Minimum Lot Areal Dwelling Front Yard Setback Parcel 2- North Side Yard- 0' South Side Yard- 8 to 33' 3 Rear Yard Setback Parcel 1- 13.6 to 37.2' Parcel 2- 1.6 to 48.2' Allowable Building Height 55' maximum, in accordance with the Height Plan of the recorded PUD Plans Required Open Space 14% (14,058 square feet) Allowable FAR 1.87:1 (174,975 square feet) Off-Street Parking 257 Parking Spaces Section 4: Construction Manal!ement Plan A Construction Management Plan (CMP) shall be submitted prior to the City Council review of the development proposal. Such CMP shall meet the requirements of the Construction Management Plan handout of the City of Aspen Building Department. The CMP 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 agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the CMP, 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 CMP 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 Applicant shall not be allowed to close South Aspen Street during construction except when reconstructing the street. Street closure of South Aspen Street concurrent with significant public events like Wodd Cup shall be avoided to the greatest extent possible. The Applicant shall provide phone contact information for on site project management to address construction impacts to the City of Aspen, the Lift One Condominiums, the Timber Ridge Condominiums, the Shadow Mountain Condominiums, and the South Point Condominiums. Section 5: Pre Construction Meetinl! The Applicant 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. 4 Section 6: Fire Access and Mitil!ation The bridge over Juan Street shall be at least sixteen and a half feet above Juan Street to allow for fire trucks to pass beneath it. Additionally, 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. The Applicant's 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. Section 7: Water & Electric Department Requirements The Applicant shall comply with the City of Aspen Electric Department Standards and 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 Applicant 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. Section 8: Storm Water/Drainal!e Plan The Applicant shall submit a Storm Water Drainage Plan prior to City Council review, that meets with the approval of the City Engineer. Section 9: Aspen Consolidated Sanitation District Requirements The Applicant 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 10: Soil Stabilization The Applicant shall install inclinometers and conduct bi-monthly monitoring for a minimum of one seasonal cycle before the issuance of a building permit. The number and location of the inclinometers shall be reviewed and approved by the City Engineer prior to installation. If any slope movement is identified by the bi-monthly monitoring, the project will not be allowed to exacerbate the historic rate of slope movement during or after construction. If the historic rate of movement is exacerbated during the construction process, the City will stop work on the project and require the Applicant to make such improvements that are necessary to reduce the slope movement back to historic rates. If the inclinometers determine that there is a historic rate of slope movement, the design shall exhibit a global stability meeting the AASHTO requirements, which implies a minimum factor of safety of 1.5. 5 In preparing soil stability reports for the property, a soil bearing grid with no more than 100 feet between test locations shall be used under the building's footprint. In areas outside of the building's footprint, test locations shall not 500 feet apart. The depth of soil borings must exceed the elevation of the lowest footer by twenty (20) feet. Section 11: Reconstruction of South Aspen Street The Applicant shall reconstruct and snowmelt South Aspen Street south of Durant Avenue per the plans included in the final PUD application. The Applicant shall form an improvements district to fund the reconstruction of the road. In the case that the Lift One Lodge (proposed on the east side of S. Aspen Street) is approved for construction, the improvements district will include the owners of the Lift One Lodge and the owners of the Lodge at Aspen Mountain. If the Lift One Lodge is not approved, the improvement district shall only include the owners of the Lodge at Aspen Mountain. The energy to use the snowmelt system in South Aspen Street and the maintenance of the snowmelt system are the responsibility of the Applicant. The Applicant shall develop a road maintenance alternative to be reviewed and approved by the Fire Marshall and Streets Department Superintendent in the instance that the snowmelt system were to break during the winter. The reconstruction of South Aspen Street shall be completed prior to the issuance of a certificate of occupancy on the lodge. Section 12: Landscapinl! The proposed landscaping in the public right of way shall meet the Parks Department standards for location, spacing, species, planting specifications, irrigation and other applicable standards. Sidewalks shall be designed and built in a manner that reduces the impact to existing trees and roots systems. All sidewalks located within the drip line of trees to be saved shall be built on grade in a manner that allows for the sub-grade prep and sidewalk to float over the roots preventing any excavation into the soil. All work in these protection zone is to be accomplished without machines, but by handwork only. An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or on site. The applicant shall consult with the Deputy Director of the Parks Department in order to discuss how tree mitigation will be handled and coordinated with Lift One, if necessary. Section 13: Replacement of Lift lA The Applicant has represented that they will provide $4 million dollars towards the replacement of Lift IA with a new lift. Such representation is hereby incorporated into this approval as a condition. The new lift shall be operational prior to the issuance of a certificate of occupancy on the Lodge At Aspen Mountain. Section 14: Enerl!V Conservation The Lodge at Aspen Mountain has made representations committing to the following energy goals. Such goals are hereby included as conditions of approval. 6 To use thirty percent less energy than the average measured energy use of comparable type properties in the area for the base data (See note A). a) To "true up," on an annual basis (sun setting in 20 years), the actual energy consumption of the property, and purchase local renewable energy or carbon offsets as necessary to cover any shortfall (See note B). LAM proposes a cap on the shortfall penalty, to be negotiated. b) If actual energy use in any given year is less than the target, a credit would accrue to the proj ect, which could be used for sale or trade for other projects, or carried forward for credit in future years. c) To offset 100% of C02e emissions from any and all snowmelt installed in public right of way directly associated to The Lodge. (See note B) . Note A: All measurements to be combined electric and natural gas consumption, including snowmelt, pools, spas, and garages. For the purpose of identifying offsets, energy use shall be converted to pounds of C02e using City of Aspen conversion factors. . Note B: Purchase of offsets to be accomplished thru a variety of means, in order of preference: Energy or carbon-saving proj ect( s), equal in C02e reductions to the excess C02e emissions from The Lodge (and verified by CORE), directly funded and managed by LAM or its agents, Purchase of local energy or carbon offsets through a local market (CORE or others, approved by the City of Aspen and verified by CORE, as available), or, if the first two options are not possible with City of Aspen approval, Purchase of energy or carbon offsets through a public market, with minimum criteria for the quality, additionally, and durability of offsets. Section 15: Off-Street Parkin!! The Applicant shall construct a total of 257 parking spaces within the two (2) underground garages. 118 of the parking spaces are required parking (with 13 spaces designated for the affordable housing units) and 139 of the parking spaces may be leased or sold to off-site tenants. The 50 on-street parking spaces that will be lost in the reconstruction of South Aspen Street are to be replaced as public parking in a parking garage to be constructed by the proposed Lift One Lodge owners if their project is approved and built. In the event that the proposed Lift One Lodge is not approved and built (or is completed later than the Lodge at Aspen), 50 of the 139 excess parking spaces to be built in the Lodge at Aspen shall be available for public parking to replace the 50 on-street parking spaces until such time as the Lift One Lodge's parking garage has obtained a Certificate of Occupancy. 7 Section 16: Emplovee Housinl! Mitil!ation The Applicant shall provide thirteen (13) Category 2 affordable housing units on the site. These units shall be comprised of ten (10) studios, two I-bedroom units, and one 2-bedroom unit to satisfy the Resident Multi-Family Replacement Program requirements for the demolition of the Mine Dump Apartments and shall provide housing credit for 18.25 full- time employee equivalents (FTEs). In total, the proposed development would require 94.5 FTEs of affordable housing mitigation. The 76.25 FTEs that are not mitigated on-site may be mitigated off-site with up to forty (40) percent of these 76.25 FTEs being allowed to be mitigated outside of the City limits but within the Urban Growth Boundary. The Applicant shall have constructed, deed-restricted, and received certificates of occupancy on all of the off-site units being used to satisfy the affordable housing requirements prior to the issuance of a certificate of occupancy on the lodge. The existing Mine Dumps unit leaseholding tenants at the time of the demolition will be provided a right of first refusal for the purchase of the new affordable housing units at Smuggler and AABC. The on-site affordable housing units shall be in compliance with APCHA's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of Occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of one percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. In the event the affordable housing units are not rented in compliance with the rental requirements of the Housing Authority's rental requirements, the Aspen/Pitkin Housing Authority has the right to place tenants in the affordable housing units. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. Section 17: Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance 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 issuance. Section 18: 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 8 dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Section 19: Impact Fees All impact fees in effect at the time of building permit, as applicable, shall be paid prior to the issuance of a building permit. Section 20: Exterior Lil!htin!! All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit an exterior lighting plan as part of the building permit submittal. Section 21: 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 for any of the commercial space that is to be used as restaurant space. An oil and grease interceptor approved by the Aspen Consolidated Sanitation District shall be installed in any space that is to be used as a restaurant. Section 22: 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 23: This resolution shall not effect 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 24: 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 by a vote of four to zero (4-0) at a regular meeting on February 6,2007. APPROVED AS TO FORM: / /-;;jjzJ7('-Idx7- [.Y' F$L _,'- ,,,u,,._ no"", G. 0., PLANNING AND CO~~ Ruth Kruger, Chai ZONING 9