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HomeMy WebLinkAboutordinance.council.069-89 ORDINANCE NO. ~ (Series of 1989) AN ORDINANCE GRANTING SUBDIVISION AND PLANNED UNIT DEVELOPMENT APPROVAL AND CONFIRMING GROWTH MANAGEMENT QUOTA ALLOTMENTS FOR THE AMENDED APPLICATION FOR THE ASPEN MOUNTAIN SUBDIVISION PLANNED UNIT DEVELOPMENT WHEREAS, the Aspen Mountain Subdivision/PUD was approved by the City Council on May 20, 1985; and WHEREAS, pursuant to and in accordance with the Aspen Mountain Subdivision/PUD approval, a PUD agreement and final PUD/Subdivision plat was recorded in the office of the Pitkin County Clerk and Recorder on December 2, 1985; and WHEREAS, an application for amendments to the Aspen Mountain Subdivision/PUD and its growth management allotments was submit- ted to the City on January 29, 1988, and later supplemented on June 3, 1988; and WHEREAS, on March 8, 1988, the Aspen Planning and Zoning Commission initiated the public hearing process with respect to the proposed amendments, which hearing was continued at meetings on March 15, 22 and 29, April 5, June 28, July 12 and July 26, 1988; and WHEREAS, at the conclusion of the hearing process, the Planning and Zoning Commission adopted Resolution 88-8 recommending to the City Council approval of the aforesaid amendments, a copy of which is appended hereto and made a part hereof; and WHEREAS, the City Council continued the hearing process initiated by the Planning and Zoning Commission with respect to the proposed amendments, which hearing was continued at meetings on August 1, 9, 16, 24, and September 6, 1988; and WHEREAS, at the conclusion of the hearing process, the Applicant submitted a "First Amended and Restated Planned Unit Development/Subdivision Agreement Aspen Mountain Subdivision" incorporating conditions imposed by the Planning and Zoning Commission and amended by City Council; and WHEREAS, by Resolution 29, 1988 adopted September 12, 1988, the Aspen City Council attempted to grant the approval requested; and WHEREAS, the District Court of Pitkin County, by Order dated October 27, 1989 in Fred Smith, et al. v. Hadid Aspen Holdings, et al., 88 CV 321, declared Resolution 29, 1988 null, void and of no effect, inasmuch as the ordinance procedures of Section 4.10 of the Aspen Home Rule Charter were not followed prior to adoption; and WHEREAS, in compliance with the Court's Order of that date, the matter has been brought forward for consideration pursuant to the provisions of Section 4.10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 City Council does hereby grant the following approvals with regard to the Aspen Mountain Subdivision/PUD project, subject, however, to the conditions set forth below: 08/SD! -2- (a) Confirmation of the 172-unit growth management quota system allotment previously granted to the Aspen Mountain Lodge project; (b) Amendment of the Aspen Mountain Subdivision/PUD plat approved by the Planning and Zoning Commission, and approval of the "First Amended and Restated Planned Unit Develop- ment/Subdivision Agreement Aspen Mountain Subdivision, a copy of which is appended hereto; and (c) A growth management quota system exemption to convert four units at what is now known as the "Grand Aspen Hotel" to employee housing. Said approvals are expressly subject to the conditions recommended by the Planning and Zoning Commission which, to the extent not amended by this approval, are hereby adopted and incorporated by the City Council. Section 2 The Mayor is hereby authorized to sign the Subdivision/PUD Plat and Agreement and such other documents as may be necessary to effectuate this approval. Section 3 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. 08/SD1 -3- Section 4 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on the ordinance shall be held on the 18th day of December, 1989, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the day of William L. Stirring, Mayor ATTEST: Kathryn ' .~KoCh, City Clerk FINALLY adopted, passed and approved at a special municipal election held February 13, 1990. ~ch, ~rk 08/SD1 -4- RESOLUTION OF THE ASPEN PLANNING AND ZONING COF2<ISSION RECO~NDING THAT THE ASPEN CITY COUNCIL APPROVE AF~2NDF~:TS TO THE ASPEN MOUNTAIN PUD Resolution No. 88-8 WHEREAS, on I.[ay 20, !985, the Aspen City Council approved the Aspen Mountain Subdivision/PUD; and WHEREAS, on December 2, 1985, the PUD Agreement and Final PUD/Subdivision Plat for the projecu were recorded in the office of the Pitkin County Clerk and Recorder; and WHEREAS, in January, 1988, Savannah Limited Partnership (hereinafter "Applicant") submitted to the City of Aspen GMP and PUD Amendments to the Aspen Mountain Subdivision/PUD; and WHEREAS, on I,:arch 8, 1988, the Aspen Planning and Zoning Commission (hereinafter "Commission") initiated a public hearing process with respect to the Applicant's requests, which was continued %;ith meetings on March 15, 22 and 29, April 5, June 28, July !2 and July 26; and WHEREAS, during the course of these meetings, significant changes have been made to the Applicant's proposal due to requests made ky the Com~.ission, the Planning Office and the public; and WHEREAS, as a result cf these changes, the Commission concludes that the Aspen city Council should approve the Applicant's request, subject to certain con_=._ons listed here~n. NOW, THEREFORE, BE IT RESOLVED by the ~ommissicn that it does hereby recommend the fc!!o%;ing actions uo the Aspen CitS- Council: Resolution No. 88-__ Page 2 1) Confi~ ~ _marion of the 172 lodge unit GMQS allotment previously granted to the Aspen Mountain Lodge. 2)Amendment of the Planned Unit Development. 3)Subdivision of Lot 5 to create a new Lot 6. 4)Rezoning o~ Lot 6 from CL and L/TR to Park 5) GMQS E>:emption to convert 4 units at the Grand Aspen Hotel to employee housing. BE IT FURTHER RESOLVED by the Commission that its recommendation shall be subject to the following conditions: 1) There shall be no more than 155 lodge rooms and 4 employee units in operation at the Grand Aspen at the time a ~c_ the Ritz- foundation permit application is obtained = '- Carlton Hotel. 2) The applicant shall deed-restrict 4 units at the Grand Aspen Hotel for rental to and occupancy by a minimum of 3.5 moderate income employees. The applicant shall be permitted to replace these units with other units off the PUD site which the Housing Authority finds are equal to or better than the on-site units in terms of size and quality and which shall also be restricted to moderate income rental and occupancy by a minimum of 3.5 employees. 3) In order to maintain the'employee generation represented by the applicant, there shall be no more than 204 dining seats = d_n,n~ and 4,500 sq. ~t. of net (defined as 80% cf gross) ; ~ ~ area, e>:clusive of lounge area and e>:clusive of seasonal! outdoor dining, within the Ritz-Carlton hotel. ~ 4) There shall be an audit oerformed cf the hotel after its second = '~ =ui_ year of operation to dete_~r, ine the actual number cf full time equivalent employees working in the hotel. %n the event the audit deterr, ines that the hotel has a higher · e~.iva!ent employee count than was calculated herein, the applicant shall provide ad~itiona! employee ho___n~ for s_>.~] percent of those oersons based on the ra~ios represented herein. :~ans for the ..... ~-:~ housing shall be required to receive final approval from the City ,..~ .... n %%-;elve ~cnths of the aud~'~ and the rec~ired housin~ ~ -~=~-'~ f Occupancy within :wentv-=. ~ou_~- shall receive a ~e ...... =._ o months cf t~= audi%, if the audit determines that the hoze! has a lower full time equivalent employee count than was calculated herein, the applicant shall receive a credit for ~hcse ad~itlona! persons housed according to the ratios Resolution No. 88- Page 3 represented herein. For the purposes cf this requirement, the audit shall be performed and full time equivalent employees shall be defined according to the Housing Authority cuide!ines~ in effect at the time cf ~'~,.lS approval. The cost cf the audit shall be paid for by the applicant, but the choice of auditor shall be mutually agreed to by the applicant and the Housing Authority. 5) The applicable ratios for provision of employee housing shall be as follows: a. The unit mix shall consist of at least 56% low income and no more than 44% moderate income units. b. Calculation of employee generation shall be as shown in the attached exhibit A. 6) There shall be a minimum of 220 parking spaces provided in- the parking structure, of which 18% may be compact spaces, %;ith minimum dimensions of 7 1/2' x 16' There shall also be 10 spaces provided for surface loading within Lot 1, of which 2 shall be for truck loading ~ithin the seN, ice area. The following spaces shall also be provided on Lot 5 during ~!~ Phase I: - surface lot west of Grand Aspen: 55 spaces surface lot east of Grand Aspen: 18 spaces parallel parking on Dean Street: 13 spaces angle parking on Dean Street: 9 spaces guest and service loading: · 6 spaces subgrade in Grand Aspen garage: 28 spaces total number of parking spaces: 129 spaces 7) The applicant's commitment in the PUD Agreement to participation in the Lodge Improvement District shall be revised to indl~='~=~_ a commitment to _mrovide immrcvemen~s, on all project frontages %;hich correspond to those planned for the SouUh Galena/South Mill Improvement District. The applicant shall also commit to constructing those improvements adjacent to the hotel which were originally intended for construction by the district contractor, using funds ~hich %;iI! be transferred from the district to the applicant. 8) The stormwater detention ~a~_~!ity in Mill Street shall be · designed tc avc_~ utility conflicts and .provide ade=uate_ separation from the water main to prevent freezing, to Uhe satisfaction cf ~he C~y Engineer. ?) The applicant's drainage commitments in the PUD agreement Resolution No. 88- Page 4 shall be revised to indicate a commitment to fund the comprehensive Aspen ~ountain Dra'inage Plan and to implement the plan's recommendations or provide drainage easements to a ma>:imum level of e>~pense of $250,000, which is comparable to providing on-site facilities at Top of I.:i!l. 10) The applicant shall relocate one proposed fire hydrant to the SW corner of the intersection of Durant and ~[ill, to the satisfaction of the City Water Department and City Engineer. 1i) The applicant shall modify the design of the tov;¢r for the bridge over Dean Street by moving its location 2' closer to the hotel to provide better clearance for truck turning. Clearance of 14' in height shall be provided under the entire bridge span, and clearance of 14 1/2' shall be provided across a 15' wide stretch of the bridge, which shall be marked accordingly. !2) The Norway Maple trees shown on the landscape plan shall be apprc>[imately 15-20' tall at the time of their planting, and shall be watered through an underground system to be installed by the applicant. 13) The applicant shall be required to obtain a demolition permit and complete demolition of the Grand Aspen Hotel within three years of the date of issuance of a Certificate of Occupancy for the Ritz-Carlton Hotel. Re-development of this site shall proceed in general accord with the plans presented for Lot 5, which have not been finalized as of the time of this resolution. .If final approval of re- development has not been granted by the deadline for demolition of the Grand Aspen, the applicant shall be permitted to request an extension of the deadline from the City Council. If the date for demolition shall occur during the traditicna! winter season, demolition need not begin until the day after the ski . l~_~s shall close during that season. 14) The app!ican~ shall deve!cp Lot 6 in general accord with the representations made regarding this site and obtain a Certificate cf Occupancy for the ice rink and associated facilities prior to or at the time that a Certificate of Occupancy' for the Ritz-Carlton Hotel is obtained. !5) The apF!icant shall be required to .obtain all necessary a~orcvals f_~m the __ C_~v for the ~ce rink and associated fac~'~, including but not limited to G!fQS e>:emD~ion or =_-o~a~_o.., ccnditiona! use approval for a restaurant an~ PUD approval to establish dimensional and parking requirements. Ana!~sis of impacts and consideration of m_~g=~_on measures for the development of Lot 6 has not Resolution No. $8-__ Page 5 occurred in conjunction with the review of Lot 1. 16) The fol!c%:ing limits shall be placed on the construction schedule in addition to those proposed by the applicant or required by the City Engineer: a. A "tennis" fence material shall be used to screen all staging areas on the site. b. All construction (except painting or similar "quiet" activities) shall be prohibited on the site between the hours of 10:00 P.M. and 7:00 A.M. c. The applicant shall demonstrate to the City Engineering Department that permission has been obtained from adjacent owners whenever the booms on the tower cranes swing over their properties. d. The applicant shall provide the City Engineer %;ith an updated construction schedule prior to obtaining any additional building permits for the project. 17) The applicant shall commit to meeting the Health Department requirements identified by Tom Dunlop in his memo regarding the project dated February lS, 1988. lS) The accessory retail uses permitted within the hotel shall be limited to the following and similar uses: sundry shop; car rental desk; travel desk; ski rental and repair store, ski and sports activity center; Ritz-Carlton souvenir store; beauty shop; florist shop; ~nd gift shop. The four accessory retail spaces depicted in the building on Durant Street shall not be combined to create larger retail spaces. 19) The recorded Subdivision and PUD plan set shall be amended to include the'following new drawings, which shall be reviewed by the P!annin~ Director an~ City Engineer, prior to recordation, to determine their consistency %;ith this approval: =-. A new _=~=~_~ .~!at in~cating ..... =~>', rather than five lots and designating ail PUD variations granted to the project; b. Revised building locations for the project; c. Revised final site plan, utility plan and landscape plan; ~ ~ ~i!! Durant and Dean d. Elevations for the kcna. ch, , Stree~ facades and three elevations for ~he internal courtyard; an~ Resolution No. 88- Page 6 e. Flocr plans for each level of the hotel, v;k'ich shall also indicate countable and e>~c!udable floor area each level. An amended subdivision/PUD agreement shall also be submit%ed to the Planning Director for review and approval by City Council prior to final action on the PUD amendment. 20) The applicant and the city shall commit to abide by all written and verbal representations made throughout the review process, including those in written submissions, verbal presentations an~ those associated with City Council Resolution 11 of 1988. BE IT FINALLY IAESOLVED by the Commission that it does hereby recommend that the City Council grant an extension to the project to the e>:tent necessary to permit the completion of the processing of these amendments, including but not limited to the recordation of a plat and agreement and obtaining a foundation permit. APPROVED by the Commission at a Special Meeting on July 26, !988. ASPEN PLANNING AND ZONING COM!~ISSION C. We!~on Anderson, Chairman ATTEST: J~M-:Ca~ne~, Deputy Cit~ Clerk ritzreso