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RECEPTION#: 618368, 03/23/2015 at
09:15:24 AM,
1 OF 12, R $66.00 Doc Code ORDINANCE
Janice K.Vas Caudill, Pitkin County, CO
Ordinance No. 7
(SERIES OF 2015)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING LODGE AND
AFFORDABLE HOUSING GROWTH MANAGEMENT REVIEWS, SUBDIVISION,
AND A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE PROPERTY
LOCATED AT 1450 CRYSTAL ,LAKE ROAD (THE ASPEN CLUB), LEGALLY
DESCRIBED AS LOTS 15-A THROUGH 15-E OF CALLAHAN SUBDIVISION, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-181-32-019
WHEREAS, the Community Development Department, received an application from
Aspen Club & Spa, LLC, represented by Haas Land Planning, LLC and Gateway Management
Company requesting a PUD Amendment, Commercial Design Amendment, and Growth
Management Reviews for the Aspen Club project; and,
WHEREAS, the Applicant received final Specially Planned Area (SPA), final Planned
Unit Development (PUD), final Timeshare, Stream Margin, Affordable Housing Growth
Management Allotments, Multi-Year Growth Management Lodge Allotments, Rezoning, and
Subdivision, to develop a sub-grade garage, twenty (20) timeshare units and twelve (12)
affordable housing units, and to redesign existing commercial spaces, from the Aspen City
Council on June 1, 2010 via Ordinance 2, Series of 2010; and,
WHEREAS, the Applicant received Final Commercial Design Review from the
Planning and Zoning Commission on September 6, 2011 via Resolution 17, Series of 2011; and,
WHEREAS, the Applicant received a number of previous amendments to the original
approval resulting in an approval to develop a sub-grade garage, twenty-one (21) timeshare units
and twelve (12) affordable housing units, and to redesign existing commercial spaces, which
have all been memorialized in the final PUD/Subdivision. Agreement recorded at Reception
Number 610263; and,
WHEREAS, pursuant to Section 26.470.040.C.7, Affordable Housing, of the Land Use
Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a
recommendation for approval by the board was provided at their July 16, 2014, regular meeting;
and,
WHEREAS, referral comments were received from the Engineering, Housing,
Transportation, Parks, Building, and Fire Departments, and the Aspen Consolidated Sanitation
District; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the proposed Application and recommended approval with conditions; and,
City Council
Ordinance No. 7, Series 2015
Pagel of 8
WHEREAS, during a duly noticed public hearing on December 16, 2014, the Planning
and Zoning Commission approved Resolution No. 17, Series of 2014, by a six to zero (6 —0) vote,
approving Lodge and Affordable Housing Growth Management Reviews and recommending City
Council approve a PUD Other Amendment; and,
WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development -
Project Review approval may be granted by the City Council at a duly noticed public hearing
after considering recommendations by the Planning and Zoning Commission, the Community
Development Director, and relevant referral agencies; and,
WHEREAS, following review by the Planning and Zoning Commission, the Applicant
amended the application to request additional lodge pillow allotments, reduce the number of
lodge units, as well as make additional design changes, requiring additional Lodge and
Affordable Housing Growth Management Reviews, Commercial Design.Review, and Subdivision
Review; and,
WHEREAS, pursuant to Chapter 26.304, Common Development Review Procedures,
and Section 26.304.060.B.4, Modification of Review Procedures, all other land use reviews, as
identified herein,have been combined to be considered by the City Council at a duly noticed
public hearing; and,
WHEREAS, such combination of review procedures was accomplished with all required
public noticing provided as evidenced by an affidavit of public noticing submitted to the record,
and the public was provided a thorough and full review of the proposed development; and,
WHEREAS, on February 9, 2015 the Aspen City Council approved Ordinance No. 7,
Series 2015, on First Reading by a three to zero (3-0) vote; and,
WHEREAS, during a public hearing on March 9, 2015, the Aspen City Council approved
Ordinance No. 7, Series 2015, by a five to zero (5-0) vote, approving with conditions the Aspen
Club & Spa Amendment and all necessary land use reviews; and,
WHEREAS, the 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 Planning and Zoning Commission, the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the 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 Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
City Council
Ordinance No. 7, Series 2015
Page 2 of 8
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Sectiori 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby grants approval of the Aspen Club and Spa Planned Development
Amendment, Subdivision Amendment, Lodge and Affordable Housing Growth Management
Allotments, and Commercial Design Review Amendment.
Section 2: Planned Development Amendment
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves a PUD Other Amendment memorializing the following items:
• Removal of the subgrade parking garage and relocation of the parking spaces to the
surface of Lot 15-A and the roof of the Club building.
• The use of synthetic roofing material that looks like metal, as represented in the City
Council meeting on March 9, 2015.
• Revised dimensions are outlined in Exhibit A, and a setback exhibit is attached in Exhibit
B. All other dimensions remain unchanged.
• A perpetual easement for the pool wall enclosure to the benefit of the Aspen Club & Spa
shall be placed on applicable portions of Lot 15-D.
Section 3: Subdivision Amendment
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves a Subdivision Amendment that adjusts the lot line between Lots 15-A
and 15-E. No change in the lot areas is proposed.
Section 4: Commercial Design Amendment
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves a Commercial Design Amendment memorializing the following items:
• The use of synthetic roofing material that looks like metal, as represented in the City
Council meeting on March 9, 2015.
• The addition of an elevator to provide ADA access from the lower bench of the site
(where the lower townhome units are located) to the upper bench of the site (where the
parking and club building are located).
• Minor elevation changes to the Club Building due to a reduction of one (1) lodge unit,
and the addition of parking on the Club Building, as shown in Exhibit C.
Section 5: Growth Management Allotments
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves ten (10) lodge allotments through its lodge development Growth
Management Review, and approves the Aspen Club to utilize the previously approved affordable
housing units as mitigation.through its affordable housing Growth Management Review. This
approval is for an increase in lodge pillows and a decrease of one (1) lodge unit, for a total of
140 lodge pillows, 70 bedrooms, and 20 lodge units (exclusive of lock-off units) in the project.
City Council
Ordinance No. 7, Series 2015
Page 3 of 8
Section 6: Affordable Housing
6.1 Previous Mitigation Calculations. The project is approved for a total of 12 affordable housing
units, providing mitigation for 27 FTEs. The approved project included a mitigation
requirement of 18.6 FTEs, resulting an existing"credit" of 8.4 FTEs.
6.2 Mitigation Requirements. The project proposes an additional ten (10) lodge pillows, or five
(5) new bedrooms. The mitigation required for the additional pillows is as follows:
Mitigate for the additional 5 lodge bedrooms @ 60%
5 lodge bedrooms * 0.5 FTEs =2.5 FTEs generated
2.5 FTEs @ 60% mitigation= 1.5 FTEs required mitigation
The project has an 7.5 FTE "credit", exceeding the incremental FTE generation increase in
this amendment.
,The 7.5 FTE "credit" — 1.5 FTE requirement= 6 FTE "credit" remaining
6.3 Conditions. The Affordable Housing units shall be subject to all conditions outlined in the
previous approvals.
6.4 Access Easements.
• The affordable housing units shall be granted a perpetual access easement through the
site to use all internal side sidewalks in order to access the Roaring Fork River through
Lot 15-A. Formalized internal sidewalks through the site shall be added to the site plan,
as necessary, to accommodate this condition.
• The affordable housing units shall be granted a perpetual access easement to any of their
storage that is located on Lot 15-A.
Section 7: Parkin
7.1 Parking Users: All parking spaces shall be limited to use by guests, tenants, and users of the
Project. Car storage shall be prohibited for guests and users of the Club and Timeshare uses.
7.2 Affordable Housing Parking: Each affordable housing unit shall be assigned a parking space,
located in front of the affordable housing units and along Ute Ave. A minimum of twelve
(12) parking spaces shall be provided. Up to five (5) additional parking spaces may be added
for the purpose of temporary, short-term parking by the affordable housing tenants and
guests, which shall be located in the same areas.
7.3 Parking on Club Building Structure: The parking spaces located on the Club Building shall
be valet parking only.
Section 8: Subdivision/PD Plat and Agreement
The Applicant shall submit an amendment to the Subdivision/PD agreement (hereinafter -
"Agreement") that meets the requirements of the Land Use Code within 180 days of this
approval.
a. The following plans are required in the Approved Plan Set:
City Council
Ordinance No. 7, Series 2015
Page 4 of 8
1. Final Commercial Design Review/Architectural Character Plan.
2. Planned Development Project and Detail Review Plans.
3. Public Infrastructure Plan.
A Condominium Map shall be completed for the development in accordance with Section
26.480.050(A), Condominium ization.
Section 9: Fire Mitigation
9.1 Fire Codes: 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).
9.2 Pool Area'Access: The Applicant shall work with. the Fire Department during the building
permit review to address proper emergency access to the pool area. This may include the
addition of an emergency access stair from the parking are on the roof of the Club building to
the pool area, or other designed access solution. The Fire Department shall review and
approve the final design of any access solution. The Community Development Department
shall be notified if the access solution results in a design change. Addition of a stair, or other
minor change required for adequate access,'may be approved administratively.
Section 10: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code.
Section 11: Building Department
The Applicant shall meet all applicable building and accessibility codes in place at the time of
building permit.
Section 12: Previous Approvals
All conditions outlined in all previous approvals remain valid and in effect, except as amended
herein.
Section 13•
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 14:
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 15:
City Council
Ordinance No. 7, Series 2015
Page 5 of 8
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of February, 2015.
Steven Skadron,Mayor
AT ST:
Linda Manning, CityC erk
FINALLY, adopted,passed and approved this 9th day of March, 2015..
APPROVED AS TO FORM: APR 46 AS TO CONTENT:
mes R. True,City Attorney Steven Skadron,Mayor
ATT T:
l� Qy1��1�1
Linda Manning, City Clerk
Attachments:
Exhibit A: Approved Dimensional Requirements
Exhibit B: Setback Exhibit
Exhibit C: Revised Club Elevations
Exhibit D: Elevator Elevations
City Council
Ordinance No.7, Series 2015
Page 6 of 8
Exhibit A
Dimensional Approved Dimensional Requirements
Requirement
Lot 15-A: 152,6691 sq. ft.
Lot 15-B: N/A
Minimum Lot Size Lot 15-C: 19,451 sq. ft.
Lot 15-1): 31,655 sq. ft.
Lot 15-E: 11,459 sq. ft.
Lot 15-A: Existing height plus 8 inches for a re-roof
Maximum Height' Lot 15-E: 30 feet
On all lots, internal landscape/retaining walls may exceed 30 inches, as shown
on the Final PUD Plans
Lot 15-A Front Yard Setback: 30 feet, 25 feet for affordable housing storage
Setbacks access
Lot 15-A West Side Yard Setback: 18 feet to parking stair, all other
unchanged.
Overall Allowed Floor Area: 107,750 sq. ft.
Aspen Club & Spa Building: 40,000 sq ft
Allowable Floor Area Lodge: 54,000 sq. ft. (Townhouse Units: 36,000 sq. ft.; Club Units: 18,000 sq.
ft.)
Multi-family (affordable housing units): 13,600 sq. ft.
Elevator enclosure in middle of site: 150 sq. ft.
Minimum 128 spaces (up to 133 spaces may be provided)
Lodge: 21 spaces
Minimum Off-Street
Parking Aspen Club and Spa: 95 spaces (60 spaces on Lot 15-A; 35 spaces on Lots
14A& 14W)
AH units: 12 spaces (up to 5 additional short-term spaces may be provided)
City Council
Ordinance No. 7, Series 2015
Page 7 of 8
All heights measured from finished grade. Consistent with code, chimneys,
flues, vents, elevator and stair enclosures, and similar apparatus may extend
no more than ten (10) feet above the overall height limit of 28 feet for all lots
in the PUD, as measured from finished grade. Rooftop railings and similar
safety devices permitting rooftop access may extend up to five (5) feet above
the height of the building at the point the railing connects, provided the railing
is the minimum reasonably necessary to provide adequate safety and building
code compliance. Permeant rooftop amenities, including any pad the
amenity/equipment is placed on, may extend up to five (5) feet above the
height of the building at the point the equipment is attached. Heating,
ventilation, and air conditioning systems, including any pad•the equipment is
placed on, may extend up to six (6) feet above the height of the building at the
point the equipment is attached; walls/fences are also permitted around such
equipment as necessary to screen the equipment from view. Energy efficiency
systems or renewable energy production systems and associated equipment
located on top of a building may extend up to ten (10) feet above the height of
the building at the point the equipment is attached.
1
All setbacks are illustrated on the Setback Exhibit; Exhibit B to this
Ordinance. To the extent that any conflict exists between the listed setbacks
and the Setback Exhibit (Exhibit B to this Ordinance), the Setback Exhibit
2 shall govern.
Up to 2,000 sq ft of floor area may be exchanged between the Aspen Club &.
Spa Building and the Club units. At no time may the Overall Floor Area
exceed the allowances herein, unless approved through a Planned
3 Development Amendment.
City Council
Ordinance No. 7, Series 2015
Page 8 of 8
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These plans are conceptual or illustrative in nature. Precise information shall be provided pp
as part of the building permit application,and in situations where the final PUD Aspen Club & Spa
Development Plans and approved building permit differ,the approved building permit shall NOTE:
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as part of the building permit application,and in situations where the final PUD Aspen Club & Spa
Development Plans and approved building permit differ,the approved building permit shall
rule. Subdivision/PUD/SPA
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These plans are conceptual or illustrative in nature. Precise information shall be provided
as part of the building permit application,and in situations where the final PUD Aspen Club & Spa
Development Plans and approved building permit differ,the approved building permit shall
rule. Subdivision/PUD/SPA
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