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HomeMy WebLinkAboutordinance.council.009-01 ORDINANCE NO. _9 (SERIES OF 200l) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE HOTEL ASPEN MINOR PLANNED UNIT DEVELOPMENT, 110 WEST MAIN STREET, LOTS F, G, H, I, P, Q, R, AND S} BLOCK 58, CITY AND TOWNSITE OF ~SPEN, PITKIN COUNTY, COLORADO, Parcel ID #2735-124-61-112 WHEREAS, the Community Development Department received an application from Hotel Aspen Condominium Association, owner of the Hotel Aspen Lodge located at 110 West Main Street, Lots F, G, H, I, P, Q, R, and S, Block 58, City and Townsite of Aspen, for a Minor Planned Unit Development (PUD) to accommodate eight (8) new lodge rooms and two (2) new affordable housing units to be contained within an addition to the existing Hotel Aspen; and, WHEREAS, the Hotel Aspen is located in the Office (O) and Medium Den. sity Residential Zone Districts with a Lodge Preservation (LP) Overlay; and, WHEREAS, pursuant to Section 26.470.070 (M) of the Land Use Code, ~the Aspen Planning and Zoning Commission may exempt the development of properties in the LP Overlay Zone District to provide additional lodge units and additional affordable housing units from the scoring and competition procedure of growth managemenf at a duly noticed public hearing, pursuant to the requirements of said section and, WHEREAS, pursuant to Section 26.445 of the Land USe Code, dimensional requirements of properties located in the LP Overlay Zone District may be established through the PUD review process; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council may approve a PUD final development plan during a duly noticed public hearing after considering a recommendation from the Plarming and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County Building Department, the AsperffPitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on November, 7, 2000, continued to December 5, 2000, and continued to January 16, 2001, the Planning and Zoning Commission approved, by a four to zero (4-0) vote, the growth management allotment eight (8) lodge units and two (2) affordable housing units to be included in the Hotel Aspen expansion; and, Ordinance No. __, Series of 2001 Page 1 WHEREAS, during a duly noticed public hearing on November, 7, 2000, continued to December 5, 2000, and continued to January 16, 2001, the Planning and Zoning Commission recommended, by a four to zero (4-0) vote, that the Aspen City Council approve the Hotel Aspen Minor Planned Unit Development, with conditions contained herein; and, WltEREAS, 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, WItEREAS, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Hotel Aspen Minor Planned Unit Development, consisting of an eight (8) lodge unit and two (2) affordable housing unit addition to the existing lodge, is approved subject to the conditions of approval described hereinafter. Section 2: The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by the Community Development Director to reflect Lots F, G, H, I, P, Q, R, and S, Block 58, City and Townsite of Aspen, as assigned with a Planned Unit Development (PUD) Overlay. Section 3: Conditions of Approval: 1. A PUD Agreement shall be recorded within 180 'days of the final approval by City Council and shall include the following: a) The approved dimensional requirements for the property in a tabular format. b) The information required in Section 26.445.070(C). c) A parking management plan that details the marketing, taxi voucher, and free bicycle programs that will be implemented by the hotel operator. Ordinance No. __, Series of 2001 Page 2 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a) A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for any physical improvements within City rights-of-way, and location of utility pedestals. If any utility mains are to be relocated, those new locations must be shown. If any utility mains exist in the vacated alley, easements shall be granted if not already established. b) An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the approved dimensional requirements in a tabular format. c) A drawing representing the project's architectural character. d) A lighting plan demonstrating compliance with the City Lighting Regulations. e) A geometric design of the Main Street loading pull-out area with a signature line for the City Engineer. f) A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer maintaining drainage and sediment on-site during and after construction. Ifa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. Prior to application for a building permit being accepted by the Building Department the applicant shall: a) Recor~l the PUD Agreement and the Final PUD Plans. b) Gain final approval from the Historic Preservation Commission. c) Deed restrict the two one-bedroom employee units to Category 2, or lower, with the Aspen/Pitkin County Housing Authority. d) Deed restrict the two one-bedroom employee units to employees of Hotel Aspen, or its successors or assigns. e) Review a PM10 mitigation plan with the City Environmental Health Department. 4. The building permit application shall include: a) A copy of the final PUD Ordinance, recorded PUD Agreement, and the applicable HPC approval documents. b) The conditions of approval placed on the project by for Planning and Zoning Commission, City Council, and the Historic Preservation Commission approvals printed on the cover page of the building permit set. c) A completed tap permit for service with the Aspen Consolidated Sanitation District. Ordinance No. __, Series of 2001 Page 3 d) A tree removal permit as reqUired by the City Parks Department. e) A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. f) Construction drawings for improvements to the Main Street right-of-way for approval by City Engineering. g) An encroachment license for the parking area within the Bleeker Street right- of-way for approval by the City Engineer. This encroachment may also require a lease agreement ~vith the City. h) Encroachment licenses for existing unlicensed improvements in public right- of-way. 5. Prior to issuance of a building permit: a) The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b) All tap fees, impacts fees, and building permit fees shall be paid. 6. The applicant shall encourage visitors to not rent a car when staying at the Hotel Aspen through marketing information, supply free taxi vouchers to guests, and the free use of bicycles to guests. The Hotel manager Shall use day parking passes available through the City Parking Department for off-site guest parking. The details of this ongoing obligation shall be included in the PUD agreement. 7. Two parking spaces shall be made available and signed for the employee units. 8. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area unless an exemption is granted by the Parking Department. The applicant shall inform the contractor of this condition. 9. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. with no construction activity on Sundays. 10. Prior to issuance ora Certificate of Occupancy or Certificate of Completion for the employee units, a member of the Aspen/Pitkin County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. 11. Before issuance ora building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza ' Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resoluti°n~ Section 4: All material representations and commihments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or Ordinance No. , Series of 2001 Page 4 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 5: 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 6: 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. Section 7: Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general cimulation within the City of Aspen no later than fourteen (14) days following final adoPtion hereof. Section 8: A public hearing on the was held on the 12th day of March, 2001, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to Which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City °fAsPen on the 26th day of February, 2001. Attest:. athr~n'S~och, City Clerk "~ T;rr~ Pau o Mayor pro Tem FINALLY, adopted, passed and approved this [Z, dayof ~ 2001. Approved as to form: Approved as to content: Ordinance No. , Series of 2001 Page 5 Ci~3~tto~le~ - ~ ~ ' em Attest: C:khome\Chris\CASESkHotel_Aspen\Ordinance.doc Ordinance No. , Series of 2001 Page 6