HomeMy WebLinkAboutordinance.council.003-02 ORDINANCE NO. 3
(SERIES OF 2OO2)
AN ORDINANCE OF THE CITy OF ASPEN CITY COUNCIL APPROVING A
MINOR PLANNED UNIT DEVELOPMENT FOR THE CHRISTMAS INN,
LOCATED AT 232 WEST MAIN STREET, LOTS I~ L, M, AND WESTERLY
HALF OF LOT N, BLOCK 51, CITY AND TOWNS1TE OF ASPEN, COLORADO
Parcel ID: 2 735-124-40-007
WHEREAS, the Community Development Department received an application
from Seven Seas Investments, LLC, represented by Stan Clanson Associates, LLC,
requesting Minor Planned Unit Development approval to accommodate a Lodge
Preservation project for the expansion of the Chr/stmas Inn; and
WHEREAS, the property is currently located in the Office Zone District with
Lodge Preservation and Main Street Historic District Overlays; and
WHEREAS, the Community Development Department received referral
comments from the Aspen / Pitkin County Housing Authority, Aspen Consolidated
Waste District, City EngSneering, Building, Fire, Streets, Housing, Environmental Health,
Parks, and Water Departments as a result of the Development Review Committee
meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommended approval to City Council for a Minor Planned Unit Development; and
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Historic Preservation Commission on October 24th, 2001, at which time
the Aspen Historic Preservation Commission considered and found the application to meet
the review standards, and approved the Minor and Conceptual Review for the Christmas
Inn, with conditions, by a vote of six to one (6 - 1); and
WHEREAS, the City of Aspen / Pitkin County Housing Authority, at a regularly
held public hearing on September 19, 2001, forwarded a recommendation of approval to
the Planning and Zoning Commission to approve the three (3) originally proposed
affordable housing units for the employees of the Christmas bm; and
WHEREAS, the Planning and Zoning Commission approved the GMQS
Exemption request for eight (8) Lodge Preservation allotments and two (2) affordable
housing units and forwarded a recommendation of approval, by a vote of five to two (5 -
2), to City Council to approve the Minor PUD request for the Christmas Inn; and,
WHEREAS, the City of Aspen City Council 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 City of Aspen / Pittdn
County Housing Authority, the Community Development Director, the Planning and
Zoning Commission, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
Page: 1 o~ 6
02/27/2002 l~ :5296c
$ILVIR DAVIS PITKIN COUNTY CO R 30.00 D 0,00
WHEREAS, the City of Aspen City Council 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 Commtmity Plan; and,
WHEREAS, the City of Aspen City Council, by a vote of five to zero (5 - 0),
approves a Minor Planned Unit Development for the Christmas hm, a property located at
232 West Main Street; and
WltEREAS, the City o£ Aspen City Council finds that this Ordinance ftmhers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE iT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Mmficipal Code,
the request for a Minor Plauned Unit Development for the Christmas Inn is hereby
approved with the following conditions:
1. The Applicant shall agree to maintain a relationship with High Mountain Taxi or
other similar taxi service as long as the use of the property continues as a lodge.
SpecificallY, the use of the taxi service shall be incorporated into an agreement
that requires the Christmas Inn to use the service during the peak times of the
year; namely from June 15th to August 31st, and from December 1st to April
15th.
2. The Applicant shall construct the two (2) affordable housing units to share no less
than 1,000 square feet in total FAR and the units shall be constructed to also meet
the Aspen / Pitkin County housing Authority square feet minimums.
3. The Applicant shall provide a pricing structure, in accordance with the Aspen /
Pitkin County Housing Guidelines, for the affordable housing units to meet the
maximum monthly rental rates capped at the rate relating to the square footage of
the units.
4. The Applicant shall file a deed restriction prior to building permit approval and
shall state the following three conditions:
a. The deed restrictions on the affordable housing units shall be in perpetuity to
the rental price terms as defined in the Aspen/Pitkin County Affordable
Housing Guidelines at the time of building permit approval.
b. The Housing Office shall qualify all tenants under the Affordable Housing
Guidelines.
c. Since these units are located on-site of the lodge, the income and asset
requirements will be waived for any employees of the lodge owner.
Page: 2 of 6 !~:
02/27/2002 11:52~:
5. The Applicant shall provide a 0.01% interest in the ownership of the property to
the AsperffPitkin County Housing Authority prior to Certificate of Occupancy
with the language and the document approved by the Housing Authority's legal
counsel.
6. The Applicant shall adequately mitigate for employee generation by providing
site deed restricted employee housing for at least 1.96 FTEs as per the
recommendation from the Aspen / Pitkin County Housing Authority as calculated
in the Memorandum prepared by the Housing Office, dated September 24, 2001.
7. The Applicant shall submit to the Environmental Health Department a fugitive
dust control plan which includes, but is not limited to fencing, watering of
disturbed areas, continual cleaning of adjacent paved roads to remove mud that
has been carried out, or other measures necessary to prevent windblown dust from
crossing the property line or causing a nuisance. This shall be required prior to
the submittal for building permits.
8. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) 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 they get this report. If there is no asbestos, the
demolition can proceed. If asbestos is present, a licensed asbestos removal
contractor must remove it.
9. The Applicant shall design and install the Main Street section of the public
sidewalk to be converted from the existing curb cut in accordance with the City of
Aspen Design Standards, Which are available in the City Engineering Department.
10. The Applicant shall install a fire alarm sprinkler system throughout the entire
Christmas Inn lodge as required by the City of Aspen Fire Marshal.
1 l. The Applicant shall agree that there will be no construction materials stored in the
public rights-of-way. In addition, the Applicant shall submit a full set of
construction management plans as part of the building permit application, and the
management plan shall include a noise, dust control, and construction traffic
management plan which addresses, at a minimum, the following issues:
a. Signal traffic control devices;
b. Press release - Radio - Local TV;
c. Defining the construction debris hauling routes and impact on local
streets; and
d. Construction parking mitigation, except for essential trade trucks, no other
personal trucks are to parked in the area around the site. The' city
encourages that personnel be shuttled in from the airport parking area.
e. A plan to minimize potential fire hazards during the time of construction.
Page: 3 o¢ 6
02/27/2002 11:52~
12. The Applicant shall submit, as part of the building permit application, a full
drainage and erosion plan to prevent mud getting tracked into the streets and
demonstrating that roof drainage will not be discharged onto the sidewalks or into
drain chases through the sidewalks to the Engineering Department.
13. The Applicant shall submit and record a "Final Plat," Final PUD Development
Plans, and a PUD Agreement indicating all current and proposed improvements
and conditions of approval for the entire Christmas Inn property to the
Engineering and Community Development Departments for approval.
14. The Applicant shall adhere to all conditions set forth in Resolution No. 45 and 46,
Series of 2001 approved by the Aspen Historic Preservation Commission
approving a Minor and Conceptual Review request for Christmas Inn expansion.
15. The Applicant shall provide 1) a full size improvement survey where the Surveyor
Certification needs to state the accuracy of the survey (1:10000), 2) a dust and
noise mitigation plan, and 3) a traffic control plan for construction including
construction vehicle parking and intended routes for heavy machinery to the City
Engineering Department at the time of building permit application.
16. The Applicant shall not be allowed to exclusively use the existing parking along
2nd Street; it is to be made available to the general public.
17. At present, the Applicant has not acquired appropriate tree removal pemfits for
extensive tree removals proposed in the project. Prior to the application for
building permits, the Applicant shall adequately address tree removal through the
appropriate pemfits as required by the City of Aspen Parks Department.
18. The Applicant shall submit a tree protection plan to the Parks Department for
review prior to the application for building permits. An inspection of all tree
protection shall take place before any construction activities begin. Irrigation in
the front parkway is desired in order to maintain the parkway street tree system.
19. The Applicant shall repair the existing clock on the tower facing Main Street so
that it functions and the Applicant shall be required to keep Father Time in his
cun'ent location and holding the wooden skis.
20. l'he Applicant shall incorporate language in their marketing efforts indicating that no
vehicles are needed when visiting the Christmas Inn as there ~s plenty of public
transportation, taxi vouchers provided to guests, and the Inn is located within easy
walking distance to Aspen's downtown.
21. The PUD development plans shall establish the dimensional requirements for the
ChrisUmas Inn as follows:
Approved Dimensional Requirements
(units measured in feet or square feet)
Minimum Lot Size (square feet) 6,000
Minimum Lot Area per Dwelling Unit N/A
Maximum Allowable Density N/A
Minimum Lot Width 60 feet
Minimum Front Yard Setback 4.7 feet
Minimum West Side Yard Setback 0 feet
Minimum East Side Yard Setback 3.4 feet
Minimum Rear Yard Setback 1-2 feet
Maximum Height 27' 3"
Minimum Distance b/~v Buildings 10 feet
Minimum Percent of Open Space Not Regulated
Allowable Floor Area (FAR) 15,318 sq. ft.)
Minimum Off Street Parking 5 on-site spaces
Section 2:
Ali 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 City of Aspen 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 3:
This Ordinance 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 4:
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 5:
A public hearing shall be held on the 11th day of February 2002, in the city Council
Chambers, 130 South Galena, Aspen, Colorado.
~NoTunRci~ oDfUthCeS~:y oRl} AsADpen%Dn t~.sR~l 4~th dREa~ o~UjBanLul SaryH, ~0I~2~ provided by 'Tw,¢e City
Attest: J~'~ --
Kathryn S.~h, City Clerk Helen I~aht~I~u~ Mayo~ '
FINALLY, adopted, passed and approved this 11t~ Day of February, 2002.
Attest: ~
K~hryn S. K~h, Cit~ Clerk-
Approved as to form:
tfoh~'C~rce~t~o~', '~ity Attorney
;'age: 6 of
02/27/2{002
SILVI~ DFIVI$ PJiT~IN COUnTy Co R 30.~0 D ~.~