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HomeMy WebLinkAboutordinance.council.025-03 ORDINANCE NO. 25 (SERIES OF 2003) AN ORDINANCE OF TIlE CITY OF ASPEN CITY COUNCIL APPRO'~qNG A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, GRO~,~rFH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, TIMESIIARE, AND SUBDIVISION FOR TilE ST. REGIS llOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273 7-1828-5001 WllEREAS, the Community Development Department received an application from the SLT Aspen Dean Street, LLC (Applicant), requesting a PUD Amendment, Growth Management Quota System Exemptions, Timesharc, and Subdivision to convert 98 of the existing 257 hotel rooms into 24 timeshare lodge units and one residential unit; to convert a portion of the existing meeting room, hotel office, and accessory space on the Ballroom Level into an approximately 15,300 square foot spa amenity; to convert the existing spa facility on the Second Level of Building B to the relocated hotel offices; and to modify the 22 approved, but un-built hotel rooms in Building C into 20 hotel rooms; and, WIIEREAS, the 24 timeshare lodge units arc proposed to be sold in a minimum of I/1 lib fractional interests; and, WitEREAS, the Community Development Department 'received referral comments from the Aspen Consolidated Waste District, City Engineering, Building, Fire, Streets, Parks, Housing, Environmental tlealth, and Water Departments as a result of the . Development Review Committee meeting; and, WItEREAS, the applicant has chosen to consolidate all of the land use approvals, in accordance with Section 26.304.060, so that City Council will be the final reviewing body on all land use requests; and, WIIEREAS, upon 'review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval, with conditions, for the proposed land use requests for the St. Regis tlotel; and, WHEREAS, at its meeting on March 5, 2003, the City of Aspen / Pitkin County Housing Authority forwarded a recommendation of approval to City Council at its meeting to approve the proposed employee mitigation through an audit program; and, WIIEREAS, the Planning and Zoning Commission forwarded a recommendation of approval via Resolution No. 10, Series of 2003, by a vote of three to two (3 - 2), to City Council to approve a PUD Amendment, Growth Management Quota System Exemptions, Timeshare, and Subdivision; and, Page: 2 et' $ es/2s/2ee,~ ze:4s~ S][LVZI:I DRViS PZTKZN COmTY CO R 26.ee D e.ee ~IEREAS, the City of Aspen 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 ~d elements of lhe Aspen Area Community Plan; and ~IEREAS, the City of Aspen City Council reviewed and considered the development proposal at a re~lar City Council meeting on June 9, 2003 ~d, by a vote of five to zero (5 - 0), approved this Ordin~cc (on Second Reading) for a P~ Amendment, GMQS Exemptions, Timeshare, and Subdivision; and ~IEREAS, the City of Aspen City Council finds that this Ordinate funhem and is necessa~ for the promotion ofpublic health, safety, and welf~e. NOW, THEREFORE BE IT RESOLVED BY TIIE ASPEN CITY COUNCIL THAT: Section I: Pu~umt to the procedures ~d st~dards sct fo~h in Title 26 ofthe Aspen Municipal Code, the Aspen City Council approves the P~ Amendment, GMQS Exemptions, Timeshare, and Subdivision, subject lo the following conditions: 1. The building pe~it application shall include: a. A copy ofthe final Ordinance. b. The conditions ofapproval printed on the cover page ofthe building pe~it set. c. A traffic m~agement plan that addresses issues such as construction worker parking and hauling routes. 2. PHor lo issu~ce ora building pe~it: a. The pfim~ contractor shall submit .a letter to ~e Community Development Director stating that the conditions of approval have bccn read ~d unde~tood. b. All tap fees, impacts fees, ~d building pe~it fees shall be paid. c. A complete set o~spfinkler and ala~ plans shall be submitted to the Aspen Fire Marshal in order to dcte~ine if the fire sprinkler system and ala~ system is adequate. d. The Applicant shall comply with the Aspen Consolidated Sanitation District's roles and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use ora pumping station. The conversion from lodge units may result in additional tap fees due to the additional kitchens and other sources of wastewatcr. e. ~e applicant shall comply with the City of Aspen Water System St~dards, with Title 25, and with the applicable standards of Title 8 (Water Conse~ation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Depa~ment. Based on the sprinkler requirements of the Fire Page: 3 of 5 es/25/2ee3 le :46~ $[LVS~I D~V]$ P]TKZN COUNTY CO R 2~.ee D e.~ Dcpartmcnt, a ~cw and ]argcr water tap may bc nccdcd. An additional tap fcc may be assessed due to the change in usc. f. The applicant shall consult the Colorado Revised Statutes (CRS) to determine the required number of type A and type B units as it pertains to food/beverage service areas. American With Disabilities Act (ADA) Accessibility shall be provided to all timeshare units and to the juice bar and spa. A Temporary Certificate of Occupancy (TCO) may be issued subject to safety and Fire Department concerns being addressed to the satisfaction of the Fire Marshal and the Aspen Building Department. g. The applicant shall be subject to the soon to be adopted International Fire Code if adopted at time of building permit. The applicant shall submit a complete set of fire sprinkler and alarm plans to the Fire Department, Water Department and Sanitation District prior to sign-offof building permit. In addition, the applicant shall comply with new regulations requiring sprinkler heads that provide a larger flow that may impact the plumbing design, the size of the water tap, and water service fees. h. At the time of building permit, Environmental Health shall review the plans for the juice bar set-up and operations. 3. Per the Aspen Pitkin County Housing Authority Board approval of the application on March 5, 2003, the applicant shall conduct an audit, based on the standards of the previous audit (of Section B4G of the !st Amended and Restated Subdivision Agreement, recorded in Book 574, Page 792 of the Pitkin County Clerk and Recorder), after one full fiscal year from the date of issuance of the certificate of occupancy for the proposed new spa facility, hotel rooms, timeshare units, and residence under the following terms: a. The Housing Office Operations Manager shall select and retain the auditor. b. The applicant shall be fully responsible for all fees associated with retaining an auditor. c. The audit shall occur after one full fiscal year of operation. 4. Should the housing audit show an increase in the number of employees over those mitigated for in the original PUD approval (331 employees, or 60% of 331 which equals 198.5 employees), the applicant shall return to the Housing Authority under the following terms: a. The applicant shall provide deed restricted, affordable housing for 60% of any additional employees ofthe new facilities. b. The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. c. The term employee shall include all payroll and non-payroll employees generated by the application. ~6/25/2~3 1~ :4Gel $ILVIA O~v]rs PITKIN COUNTY CO R 26.0e O O.Oe 5. Final Condominium Declarations shall be submitted to the City concu~cnt with the submission of lhe Condominium Subdivision Plat and shall include thc following language regarding timeshare: a. Timeshare estates shall be made available for shofl-le~ rental when the estate is not in use by thc owner of the unit, the owner's guests, or persons occup~ng thc unit under an exchange program. Units lhat are available for rental shall be listed at competitive rates in a central rcse~ation systcm. b. The covenants of the homeowners association shall pc~it walk-in rental of units. The association shall not limit rental ofunits to such a~angements as only weekly rentals or Saturday-to-Saturday rentals; instead thc association shall pe~it sho~er stays, split-week rentals, and similar flexible a~angemcnts. c. O~e~ of timeshare estates shall be required ~o rescue their uniVtime su~cienfly [~ enou~ in advance ~o enable the public Io obtain access to ~ose unim that ~e not so rescued. ~e te~ "su~cientl~' shall be specifically defined, in ~e~s of minimum number o~da~ notice required. d. ~e o~er of a timeshare estate shall not be pc~itted Io occupy that estate for any period in excess of thi~y (30) cons~utive calendar da~. e. ~e o~er of a timesh~e estate shall be prohibited ]'rom storing a vehicle in a parking space on*site when lhat o~s~er is not using ~e estate. 6. ~c fimcsh~e lodge units that remain in lhe developers invento~ shall be made available for rental to the public while the estates ~e being sold, exert for models ~d other unim that arc needed for m~keling or promotional pu~os~. 7. Thc Applicant shall pay the City of Aspen school land dedication fees for the additional residential uni~. These fees shall be duc and payable at the time ofissuance ora building pc~it for the development. 8. A PUD A~eement and Amended P~ Plan shall be recorded within 180 days of thc final approval by City Council and shall include the info~ation required to be . included in a PUD A~eement, pu~uant ~o Section 26.445.070(C). 9. The applicant shall file a Notice of P~ in thc Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building pe~it. I0. With Ibis approval, the applicant shall commit lo having the St. Regis Hotel open for business year around. 11. The applicant shall pay a t~ impact mitigation fee of $449,552 Io Ibc City of Aspen. The fee may be paid in quarterly installments, but the total amount shall be paid wilhin twelve (I 2) months office issuance ora building pemait for Ibc timeshare unils. Section 2: Page: SILVIR DRVZ$ PZTKZN COUNT? CO R 26.ee D e.ee All m~tcH~l representations ~d commitments m~dc h~ thc appl[c~t pumu~t to application, whether ~ public hc~H~s or doc~cn~tion presented ~nin~ Commiss[o~ or City Council, ~c hcrcb~ inco~or~tcd in s~ch pl~ ~ppmv~ls and thc s~c sh~li bc complied with as i~ ~ully set ~o~h herein, unless ~cndcd by ~ amhoHzcd Section 3: This Ordin~ce shall not effect ~y cxisdng litigation and shall not opc~te ~ ~ abatement · of any action or proceeding now peading under or by vi~ue of the ordinates r~ealed or ~cnded ~ herein provided, and the same shall be conducted ~d concluded under such p~or o~inances. Section 4~ If ~y section, subsection, sentence, clause, ph~e, or potion of this Ordin~ce is for ~y re,on held invalid or ~constitutional in a cou~ of competent jurisdiction, such potion shall be deemed a separate, distinct and independent provision and shall not aff~t validity of the remaining potions thcrcoE Section 5: A public heating on this ordin~ces will be held the 27~ day of May 2003 at 5:00 p.m. in the City Council Chmbe~, 130 S. Galena, Aspcn, Colorado. INTRODUCED, READ AND ORDERED PUBLISItED ~ provided by law, by the City ...~o~i~[~e Oty of Aspen on th~s 12th day of May, 2003. ,,.,~ &x ..... ;::~,, . ~~ ~ ~ ,/~ / · - / / FINALLY, ADORED, PASSED, AND APPROVED ~is 9h day ~June, 2003. ' He'len'Kalin ay~r City Atto cy '