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HomeMy WebLinkAboutordinance.council.18-20231111111111111I1111IIIII11111III1I1111II1III1111111111111111111IIIIIIN RECEPTION#: 698979, R: $33.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 5, 11/30/2023 at 02:53009 PM Ingrid K. Grueter, Pitkin County, CO ORDINANCE #18 (SERIES OF 2023) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT FOR PROJECT REVIEW, GROWTH MANAGEMENT REVIEW, AND COMMERCIAL DESIGN REVIEW, TO ACCOMMODATE SEASONAL STRUCTURES, FOR THE INSTALLATION OF RENEWABLE ENERGY EQUIPMENT, AND A FENCE HEIGHT VARIATION AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP, ACCORDING TO THE PLAT RECORDED JANUARY 21, 20059 IN PLAT BOOK 71 AT PAGE 86 AS RECEPTION NO. 506327 AND AS DEFINED AND DESCRIBED IN THE DECLARATION AND PLAN OF THE CLUB OWNERSHIP FOR ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM RECORDED JANUARY 21, 20059 AS RECEPTION NO.506236, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-85-033 WHEREAS, the Community Development Department received an application from Aspen Owner LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO 81611 (the Applicant), requesting approval for a Minor Amendment to a Planned Development for Project Review, Growth Management Review and Commercial Design Review; and, WHEREAS, the application proposes: • Development rights to erect up to three seasonal structures for up to one hundred and fifty (150) days per year, • To install renewable energy equipment, • A variation to install a street -facing fence up to ten feet in height; and, WHEREAS, for a Minor Amendment to a Planned Development for Project Review, the application shall meet the requirements of Aspen Municipal Code Section 26.445.110.d, Minor Amendment to a Project Review Approval, and, WHEREAS, for approval of Growth Management Review, the application shall meet the requirements of Aspen Municipal Code Section 26.470.OSO.c, Employee Generation Review; and, WHEREAS, for. approval of Commercial Design Review, the application shall meet the requirements of Aspen Municipal Code Section 26.412.090.b, Substantial Amendments; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of the Minor Amendment to a Planned Council OrdinanceSeries of 2023 Page 1 Development to allow for the ability to erect seasonal structures with conditions), to install renewable energy equipment (with conditions) and for the minimum variance from heightneeded to meet building code; 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 recommendation of the Community Development Director, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council finds that the proposal for a Minor Amendment to a Planned Development for Project Review, Growth Management Review, and Commercial Design Review meets the applicable land use standards of the Land Use Code; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES THE FOLLOWING: Section 1: Minor Amendment to a Planned Development for Project Review: a. As set forth in Table I, three seasonal structures and the floor area associated therewith are approved as part of the Planned Development. b. The structures shall be limited to the uses allowed by -right pursuant to underlying zoning. Future requests to accommodate conditional uses as prescribed per underlying zoning shall require subsequent land use reviews, including but not limited to Conditional Use Review and the applicable PD Amendment review. Table I: Seasonal Structures Dimensional Table Mill Street Courtyard One Tent 150 days per year Up to 1,000 sq. ft. Fountain Courtyard Four Yurts 150 days per year up to 848 sq. ft. (cumulative of allyurts) Mountain Plaza One dome 150 days per year up to 707 sq. ft. c. A variation from height for the fence represented in the application is hereby approved. The fence shall not exceed ten (10) feet in height as measured per Title 26 of the Land Use Code. d. A site plan depicting the fence footprint and top of wall/bottom of wall shall be submitted within one hundred and eighty (180) days following issuance of the development order. The site plan shall be submitted prior to issuance of fence permit. e. Renewable energy equipment, including but not limited to photovoltaic facilities, battery storage systems, and EV charging stations are approved as part of the Planned Development. Council OrdinanceSer0 es of 2023 These improvements shall comply with dimensional standards prescribed pursuant to Title 26 of the Land Use Code and any applicable limitations set forth in the PD. ➢ The photovoltaic facility and battery storage system shall be fully installed and operational no later than Winter 2024-2025. The Community Development Director reserves the right to withhold issuance of future tent permits until this condition is met. Section 2: Growth Management Review: L Affordable housing mitigation for the seasonal structures identified in Table I shall be assessed based on the formula set forth in Exhibit A to this Ordinance. A credit of fourteen (14) days shall be applied to each structure for each twelve (12) month period. Mitigation for all seasonal structures shall be paid at the time of tent permit for the first seasonal structure. b. Tent/building permits shall be submitted. a minimum of ten (10) days prior to erecting any seasonal structure. c. The Applicant reserves the right to reduce the number of structures, size of structures, and duration in which structures are erected each year. However, mitigation shall be paid as a lump sum for all three structures for one hundred and fifty (150) days per year (subject to the fourteen (14) day credit), based on the maximum permissible floor area of all seasonal structures set forth in Table I, regardless of changes proposed in any given year. d. Applicant shall conduct an audit of the resort operations employee generation, including that associated with the seasonal structures approved under Section 1 of this Ordinance (the "Two Year Audit"). The Two -Year Audit shall be conducted and the results thereof submitted to the Community Development Director within two (2) years of the effective date of this Ordinance. If the Two -Year Audit determines that more than three hundred and thirty-one (331) FTEs are generated from resort operations, per the First Amended PUD Agreement, additional mitigation shall be assessed for sixty (60) percent of the number in excess of 331 FTEs as follows: ➢ If the total mitigation requirement resulting from the Two -Year Audit is less than 0.1 FTEs, a cash -in -lieu payment may be made by right. If the total mitigation requirement is 0.1 or more FTEs, a cash -in -lieu payment shall require City Council approval. ➢ If City Council does not approve a cash -in -lieu payment for mitigation exceeding 0.1 FTEs, mitigation shall be in the form of affordable housing or certificates of affordable housing credits as prescribed in Title 26 of the Land Use Code. In the event that additional housing mitigation is required, the Community Development Director reserves the right to withhold issuing tent permits for seasonal structures until mitigation requirements are met to the satisfaction of the Director. Section 3: Commercial Design Review: a. A fence permit is required to erect the approved fence. b. Fence materials shall be limited to those allowed pursuant to Title 26 of the Land Use code. c. The fence design shall be mostly transparent to maintain openness between the resort and the street. Council Ordinance #18, Series of 2023 Section 4: Material Representations 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 Council, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Existing gation 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 priorordinances. Section 6: Severability 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. INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 1 Ot' day of October 2023. ATTEST: An a M�Xr!100 Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a five to zero (5 — 0) vote on this 30t�' day of October 2023. Approved as to form: Approved as to content: James-R. True, City Attorney i�icoie nennmg, �,iiy �,ierx rre, Mayor Council Ordinance # 18, Series of 2023 EXHIBIT A Affordable Housing Cash -in -Lieu Formula • Combined area of all seasonal structures in Table I: 2,555 square feet • 2,555 sq. ft./1,000 sq. ft. = 2.555 sq. ft. • 2.555 sq. ft. x 4.7 FTEs = 12.00 FTEs generated • 12 FTEs x 65%mitigation rate = 7.8 FTEs if structures used for 365 days • 7.8 FTEs/365 days = .0214 FTEs/day • Days to be mitigated — 150 days — 14 day credit — 136 days • .0214 x 136 days = 2.9104 FTEs to be mitigated • 2.9104 FTEs x $328,533 cash -in -lieu rate = $956,220.65 • $956,220.65/30 year life span = $31,874.02* per year until the earlier of (1) 30 years from the effective date of Ordinance #18, Series 2023, or (ii) the Planned Development is amended to eliminate use of seasonal structures *The annual cash -in -lieu payment shall increase annually by the greater of 3% or CPI. "CPI" means the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, not seasonally adjusted, 1984=100 reference base, published by the United States Department of Labor, Bureau of Labor Statistics. Council Ordinance # 18, Series of 2023