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HomeMy WebLinkAboutordinance.council.017-19 ORDINANCE NO. 17 (SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR AMENDMENT TO A PROJECT REVIEW FOR 730 E COPPER AVENEUE (BASE 1 LODGE)LEGALLY DESCRIBED AS THE EASTERLY 9.27 FEET OF LOT Q,AND ALL OF LOTS R AND S,BLOCK 105,CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY COLORADO PARCEL ID: 273718227904 and 273718227004 WHEREAS,the Community Development Department received an application from 730 E. Cooper LLC (represented by Chris Bendon of BendonAdams, LLC) for property located at 730 E. Cooper Ave, requesting a Minor Amendment to a Project Review to the Base 1 Lodge approvals for the following changes: • Eliminate 1 level of a 2 level subgrade basement from the approved project; • Establish a lodge density of 38 or 40 lodge units; • Establish 2,348 square feet or 2,745 square feet of commercial net leasable floor area; • Establish current parking and affordable housing requirements; • Convert rooftop mechanical apparatus and fencing into rooftop bathrooms; and, All other aspects of the project remain as approved pursuant to City Council Resolution No. 11, Series 2019, City Council Resolution No. 28, Series 2016, Ordinance 6, Series 2017 (Reception No. 630225), Base 1 Lodge Development Agreement (Reception No. 636058), Planning and Zoning Commission Resolution No. 4, Series 2019 and the Approved Plan Set recorded at BK 118 P38 (Reception No. 636057); and, WHEREAS, pursuant to Section 1 of Resolution No. 11, Series 2019 the property was granted a 6 month extension of vested rights, with the ability to gain an additional 6 month vesting period upon submission of the subject application, including compliance with current parking and affordable housing Land Use Code requirements; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS,the subject request is predicated that the Base 1 project comply with current parking and housing mitigation requirements in affect at the time of submission of the application, May 10th, 2019; and, WHEREAS, the Aspen City Council considered the amendment request at 1St Reading on July 8th, 2019, at 2nd Reading (duly noticed public hearing) on July 22"d, 2019, and at a continued 2nd Reading on July 23`d, 2019; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the 1111111111111111111111111111111111111111111 IN III 11111111111111111111111111111111111111111111111II1111 RECEPTION#: 658159, R: $38.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 6,08/22/2019 at 09:30:45 AM Janice K.Vos Caudill, Pitkin County, CO recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that pursuant to Land Use Code Section 26.445.110.1) Minor Amendment to Project Review, the request does not quality for an insubstantial amendment and that a Minor Amendment to a Project Review is the appropriate review process; and, WHEREAS, the City Council finds that pursuant to Land Use Code Section 26.445.050: Project Review Standards, the basement lodge amenity level shall be removed from the project and onsite parking shall be retained. This finding acknowledges compliance with Land Use Code requirements. In association with this finding, the project continues to avoid natural or physical constraints that would otherwise prohibit the request, complies with site planning criteria, and is in compliance with the dimensional requirements of the CL zone district. Approval of onsite parking does not change the approved architecture, maintains the previous bicycle and transit commitments, and will comply with engineering standards, public infrastructure upgrades, and access requirements; and, WHEREAS, the Applicant has adequately demonstrated compliance with current affordable housing and parking requirements; and, WHEREAS, the City Council finds that the request to covert rooftop mechanical apparatus and fencing into rooftop bathrooms will violate Land Use Code height requirements and this portion of the request cannot be approved; and, WHEREAS, the City Council further finds that Exhibit A of Ordinance 6, Series 2017 (Reception No. 630225), Exhibit A of the Base 1 Lodge Development Agreement (Reception No. 636058), Section 2 of Planning and Zoning Commission Resolution No. 4, Series 2019 and the Approved Plan Set recorded at BK 118 P38 (Reception No. 636057) contain a discrepancy relating to the maximum elevator height for the Base 1 project. The City Council reaffirms that the maximum elevator height for the Base 1 project is 48' and shall not be exceeded. WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: Minor Project Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the Minor Amendment to a Project Review for Base 1 subject to the following: A. The basement lodge amenity level of the approved project shall be removed and subgrade onsite parking in the capacity outlined in this Ordinance shall remain(floor plan Exhibit A). B. Rooftop mechanical apparatus and associated fencing shall remain and are not permitted to be converted to any other use without further City review. C. Number of Lodge Units: minimum of 38 up to maximum of 40. D. Lodge unit size: approximately 200 square feet. E. Commercial net leasable floor area: not to exceed 2,600 square feet. Section 2: Affordable Housintz; The following establishes the affordable housing mitigation requirements for the Base 1 project and supersedes the affordable housing requirements outlined in all previous approvals: A. Lodging units. The employee generation rate of 0.60 FTEs/lodge unit is the generation requirement of the CL zone district. A total of four (4) lodging bedrooms/eight (8) lodge pillows is credited towards the project's lodge GMQS allotment request. The affordable housing mitigation incentive for small lodge units (averaging 300 square feet or smaller) establishes a 10% mitigation rate and the following mitigation requirement depending on the final number of lodge units: • 34 lodge units generate 20.4 FTEs x .10 (mitigation rate) = 2.04 FTEs • 36 lodge units generate 21.6 FTEs x .10 (mitigation rate) = 2.16 FTEs B. Commercial Net Leasable. Redevelopment of existing Buckhorn Lodge commercial net leasable floor area is required to mitigate for the provision of affordable housing. The project is approved to redevelop up to 2,600 square feet of commercial net leasable area which generates 12.22 FTEs (2,600 sq. ft. / 1000 sq. ft. = 2.6 * 4.7 FTE's = 12.22 FTEs). The affordable housing mitigation incentive for small lodge units (averaging 300 square feet or smaller) creates a 10% mitigation rate and the following mitigation requirement: • 2,600 square feet= 1.22 FTEs The total FTE mitigation for Base 1 Lodge will be calculated, dependent on the final program of the project, based on these generations rates at building permit application review. Section 3• The following establishes the parking requirements for the Base 1 project and supersedes all previous approvals. "Off Street Parking: Based on 38 lodge units and 2,600 square feet of commercial net leasable floor area, the project is required to satisfy the provision of parking with 21.6 parking units. The project shall provide for use by its guests f fteen (1 S) onsite parking spaces via valet parking to meet the parking requirement. Additional parking spaces may be provided; however, there shall not be a reduction of spaces below the Land Use Code minimum 12.36 space requirement without an amendment to this Ordinance and,further City review. A subgrade parking garage shall be provided on-site. The applicant and/or any operator of the lodge or commercial spaces shall not be allowed to use city street parking passes for its lodge or commercial users, guests, or employees unless the onsite parking garage required herein is at capacity. The off-street parking spaces are.for the sole use of the commercial and lodge components of the project and shall not be condominimized as separate units, sold to, rented to, or used by the general public or any entity other than the owner of the lodge. Parking shall only be used for the parking of the vehicles associated with the onsite,permitted uses. At building permit issuance, the Applicant shall provide a cash in lieu payment for 5.6 parking units at the rate in affect at time of issuance. The Applicant is granted Transportation Impact Analysis (TIA) credit,for one (1)parking unit. The total parking requirements for Base I Lodge will be calculated, dependent on the final program of the project, based on these calculations at building permit application review. " Section 4• Should any lodge units be combined or significantly reconfigured to create larger units, further City review is required including compliance and provision for current Affordable Housing and Parking requirements in effect at the time of the proposed changes. Section 5 The maximum elevator overrun height for the Base 1 project is 48' and shall not be exceeded, as calculated in accordance with the Land Use Code in affect at the time of building permit submittal. Section 6• Within 180 days of this approval, the Applicant shall submit for review, approval, and recordation an amended Development Agreement that amends the original Development Agreement recorded at Reception No. 636058 to reflect the changes approved in this Ordinance. Section 7• 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 8• 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. Section 9: A duly noticed public hearing on this Ordinance was held on the 22nd day of July, 2019 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law by the City Council of the City of Aspen on the 8"' day of July, 2019. Attest* inda Manning, City C rk Torre, Mayor FINALLY, adopted, passed, and approved by a —f to vote on this 23`d day of July, 2019. Approved as to form: Approved as to content: James R. True, City Attorney Torre, Mayor Attest: Linda Manning, City C rk Exhibit A Subgrade Parking I5oss er szr _sr I _r STAIRN2 I GAR © OO [LEVATOR p fa F O �' - MCC�tAtiiCAL ma. MET r - RMgNO i ?^ ELIV 11.1 r / 1 �—1