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Home My WebLink Aboutordinance.council.020-14 RECEPTION#: 613530, 09/15/2014 at RECEPTION#: 613528, 09/15/2014 at 02:00:04 PM, 01:21:07 PM, 1 OF 4, R $26.00 Doc Code ORDINANCE 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 20 Janice K.Vos Caudill, Pitkin County, CO (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT AND ASSOCIATED LAND USE TO THE CHART HOUSE APPROVALS GRANTED BY ORDINANCE NO. 32, SERIES OF 2005 FOR THE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3 OF THE EAMES ADDITION, CITY AND TOWNSITE OF ASPEN BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE, AS WELL AS APPROVING A PUD AMENDMENT TO THE \ DANCING BEAR LODGE PLANNED UNIT DEVELOPMENT APPROVALS GRANTED BY ORDINANCE NO. 29 (SERIES 2003) FOR THE PROPERTY DESCRIBED AS LOTS P, Q, R; AND S, BLOCK 77, CITY AND TOWNSITE OF ASPEN BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 411 S.MONARCH ST. Parcel No. 2735431-06-002 (219 E. Durant Ave.) Parcel No. 2735-182-19-002 (411 S. Monarch St.) WHEREAS, the Community Development Department received an application from Sunrise Company, represented by Sunny Vann, requesting a PUD amendment for The Chart House Lodge at 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005 and a PUD amendment for The Dancing Bear Lodge at 411 S. Monarch Street pursuant to Ordinance No. 29 (Series 2003) Granted J August 1 Ph, 2003; and, WHEREAS, City Council adopted Ordinance No. 29, Series of 2003 approving the Dancing �• Bear Timeshare Lodge PUD, which included Minor PUD, Subdivision, Timeshare, Mountain View y Plane, and Growth Management Quota System Exemptions (GMQS) for Lodge Preservation and Affordable Housing for the development of a timeshare lodge consisting of/twenty-seven (27) lodging bedrooms and two (2) affordable housing units (consisting of two 2-bedroom units); and, WHEREAS, City Council..adopted Ordinance No. 32, Series of 2005, which approved a subdivision/PUD for the development of eleven-(11) timeshare lodge units with twenty-one (2 1) keys and two (2) affordable housing units and 27 parking spaces until September 8, 2008; and, h WHEREAS, the Community, Development Director has reviewed the application and 4 recommended approval the removal of two parking spaces and setback variation for construction of a e{ pedestrian tunnel between both lodges; and, WHEREAS, a number of referral agencies within or associated with the city have'reviewed the. application and recommended denial of the construction of a pedestrian tunnel; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, referral agencies and has taken and considered public comment at a public hearing on May 6, 2014; and, WHEREAS, during a regular meeting on May 6t', 2014, the Planning and Zoning Commission ® opened a duly noticed public hearing, took testimony.and recommended City Council approve the PUD Amendment and associated land use requests by a vote of three to two (3-2) and RECEPTIONM 617006, 01/29/2015 at Page 1 of 4 10:38:42 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO WHEREAS, during a regular meeting on June 24, 2013 the City Council opened a duly noticed public hearing, took testimony and approved the PUD Amendment and associated land use • requests by a three to two (3-2) vote,.with the findings and conditions listed hereinafter; and, WHEREAS, the City Council finds that the development review standards for PUD - Other Amendment and related land use reviews are met. WHEREAS, the City Council finds that.this Resolution furthers and is necessary for the promotion of public health, safety, and welfare by a vote of three to two (3-2). NOW, THEREFORE BE IT ORDAINED that the City Council finds approves the PUD —Other Amendment and associated land use reviews with the conditions listed below. Section 1 General Approval: The City Council approves the following land use reviews: Planned Unit Development–Amendment, for The Chart House Lodge at 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005 and a PUD amendment for The Dancing Bear Lodge at 411 S. Monarch Street pursuant to Ordinance No. 29 (Series 2003) Granted August 11th, 2003. . The amended development plan allows for the construction of a pedestrian tunnel beneath Durant Ave. connecting the Dancing Bear Lodge and the Chart House Lodge. The PUD amendment would memorialize the tunnel for each property. Issuance of a right-of-way permit for the tunnel is subject to the applicant and the City entering into an Easement Agreement substantially in compliance with the Easement Agreement attached to City Council Resolution No. 98, as amended and adopted June 24, 2013, which authorized the applicant's use of the City's Durant Avenue right of way. Any approval set forth herein is specifically contingent on the applicant's and City's execution of the Easement Agreement. If either the.City or the applicant does not execute the Easement Agreement, then this approval shall be deemed void. Section 2: PUD Amendments The Chart House PUD is amended to permit 25 parking spaces rather than the 27 originally approved to accommodate the circulation necessary for the pedestrian tunnel. A zero feet setback is permitted, solely in the footprint of the tunnel from the property line to the connection of the tunnel to each lodge. Section 3: Conditions associated with construction of the pedestrian tunnel. A. Construction management. Prior to building permit issuance, a Construction Management Plan (CMP) will be submitted by the applicant for appropriate approval(s). The CMP shall include the following conditions: • Transit vehicles should be given priority throughout all phases of construction to minimize delays. • The project is required to contract a knowledgeable flagger crew with radios to give RFTA transit vehicles priority. • Closure of Durant should not be allowed during construction. • All special/events and holidays will be addressed in the traffic management plan. Page 2 of 4 • The applicant will coordinate with the City to complete outreach that they typically provide • for other City projects that impact streets. • The project is required to coordinate with COA transportation department during construction. • No staging and stockpiling will occur on Durant. • Pedestrian and bicycle access will be maintained throughout the project. • A pre-construction meeting with COA Engineering, Transportation, Utilities and RFTA at least one week prior to construction and start of alternating one way traffic. B. Emergency Management. Prior to building permit issuance, the applicant shall provide an Emergency Management Plan for appropriate approval(s). The contractor will meet with the Aspen Fire Department response personnel to review the project'prior to construction to discuss the project. C. Construction documents. The applicant shall demonstrate the project meets minimum required clearances from the utilities in the right-of way on construction documents prior to issuance of a building permit. The applicant must satisfactorily address groundwater levels and soil assumptions as a condition of building permit issuance. D. Transportation. Durant Ave. should not be shut down in preparation for, construction of, or staging for the project..RFTA access on Durant Ave. must be maintained at all times. In the event of potholing on Durant Ave. to locate utilities; the applicant will submit a Traffic Control Plan for appropriate approval(s). The applicant is responsible for any public notice for any • transit service impacts resulting from the project. Public notification will be approved by the transportation department and posted one week in advance of any service disruption. E. As-built drawings shall be submitted and accepted by the City Engineer prior to issuance of the Certificate of Occupancy. Section 4: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 5: Utilities The Applicant shall comply with the City of Aspen 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. Utility placement and design shall meet adopted City of Aspen standards. Section 6: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. A "Line Extension Request" and a"Collection System Agreement" are required for this application. Page 3 of 4 Section 7• This approval is predicated on the two Dancing Bear properties, The Dancing Bear lodge and The Chart House lodge, being owned and operated together. Disconnecting the ownership or operation • shall require an amendment to this ordinance. Section 8• 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 9• This ordinance 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 10• If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. INTRODUCED,READ AND ORDERED PUBLISHED as pro '4edy law, by the City Council of the City of Aspen on the h day of Ami t,2014. Steven Skadro ,Mayor ATT C Linda Manning, City Clerk FINALLY,adopted,passed and approved this day of 4. Steven Skadron, Mayor T T: C Lm a Manning, City Clerk APPROVED AS TO FORM: �277� Ji6mes R. True, City Attorney Page 4 of 4 Ad Name: 10436204A PUBLIC NOTICE RE: 219 E.DURANT AVE.CHART HOUSE L L�(ivV✓ Customer: Aspen (LEGALS) City of LODGE PUD:OT ERN AMEUNIT NDMENTELOPMENT- Your account number: 1013028 NOTICE IS HEREBY GIVEN that a public hearing — LA-4- will be held on Monday,August 25th 2014 at a meeting to begin of 5: p.m,before the Aspen City Council,Council Chambers,City Hall,130 S. � •� r / Galena St.,Aspen,to consider an application sub PROOF OF PUBLICATION mitted by Sunny Vann,Vann Associates,on behalf of Chart House Project Owner,LLC;115 Boomer- ang tad.Aspen 81611,owner of the subject prop- IM:1 erty. The applicant is proposing to construct a pri- vate pedestrian tunnel connecting the Chart House Lodge and 411 S.Monarch St.(Dancing Bear Lodge)beneath Durant Avenue. The applicant is requesting to amend the existing development approvals for the Chart House Lodge to permit the construction of a pedestrian tunnel under Durant Avenue connecting the two projects. STATE OF COLORADO, The applicant also requests an amendment to the Chart House Lodge PUD development approvals to COUNTY OF PI T KIN reduce the number of parking spaces.The proper- ty is legally described as the Chart House Lodge Subdivision at 219 E.Durant Ave. The public hearing will likely be continued to Tues- 1, lm Morgan, do solemnlyswear that I am General day,August 26th,2014 4:00 p.m.in Council J g Chambers. Manager of the ASPEN TIMES WEEKLY, that For further information,contact Hillary Seminick at the City of Aspen Community Development De- the same weekly newspaper printed, in whole or in partment, 130 S.Galena St.,Aspen,CO,(970) 429.2741,Hillary.Seminick@cityofaspen.com. part and published in the County of Pitkin, State of st Steve Skadron,Mayor Colorado, and has a general circulation therein;that Aspen City Council said newspaper has been published continuously and 1u0436204blished ij the Aspen Times on August 7th,2014 uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 8/7/2014 and that the last publication of said notice was in the issue of said newspaper dated 8/7/2014. In witness whereof,I have here unto set my hand this 08/07/2014. r j - Jim Morgan,Genera Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 08/07/2014. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 'CPRY Pve/ PAMELA J. SCHULTZ 9 COQ:p�