HomeMy WebLinkAboutordinance.council.024-02 ORDINANCE NO. 24
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
INNSBRUCK INN MINOR PLANNEDUNIT DE~LOPMENT~ AND GMQS
EXEMPTION FOR AFFORDABLE HOUSING FOR THE PROPERTY LOCATED
AT 233 W. MAIN STREET, LOTS A-E, BLOCK 52, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-54-001
WHEREAS, the Community Development Department received an application
from Innsbruck Holdings LLC, owner, represented by Mitch Haas of Haas Land Planning
LLC, fort iM!nor P!~ed Unit :p~yelopment (PUD), and ~ GMQ~ ~>~mpti6fi for
affordable housing to expand the Innsbruck Inn by an additional four lodge units and one
employee housing unit on the property located at 233 W. Main Street, Lots A-E, Block
52, City and ToWnsite of Aspen; and,
WHEREAS, the subject property is approximately 15,000 square feet, and is
located in the Office Zone District with a Lodge Preservation Overlay; and,
WHEREAS, pursuant to Section 26.445, the City Council may approve a Minor
Planned Unit Development, during a duly nOticed public hearing after taking and
~0nsidering c6mments from the general PUblic, and recommendations from the Planning
and Zoning Commission, Community Development Director, and relevant referral
agencies; and,
WHEREAS, pursuant to Section 26.470, the City Council may approve a GMQS
Exemption for the development of Affordable Housing, during a duly noticed public
hearing after taking and considering comments from the general public, and
recommendations from the Aspen/Pitkin County Housing Authority, Community
Devplopment Dire6t0r, and relex~ant referral agencies; and,
~EREAS, th~ C6~miltY Development Dffe~6~ ~ee0~nded '~ppr~:q~i 0~'
the Min0i: PUD; findifi-g that the applicable review standards have been met; arid,
WHEREAS, the Aspen/Pitkin County Housing Authority and the Community
Development Director recommended approval of the GMQS Exemption for Affordable
Housing, finding that the applicable review standards have been met; and,
WHEREAS, during a duly noticed public hearing on June 18, 2002, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2002, by a six to zero (6-
0) vote, approving a GMQS Exemption for Lodge Preservation, and recommending that
City Council approve the Innsbmck Inn Minor PUD and GMQS Exemption for Affordable
Housing; and,
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$II-VlA DAVIS PITKIN COUNTY CO R 41 00 D 0.00
WItEREAS, during a duly noticed public hearing on June 26, 2002, the Historic
Preservation Commission approved Resolution No. 25, Series of 2002, by a seven to zero
(7-0) vote, approving Final H?C Significant Review of the lnnsbmck Expansion; 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 AsperffPitkin County Housing Authority, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
th~ ~§bruCk ~ ~in6~ PUD;'~'o ~il&V~f0~ ~ exp~Sion c/f ~e InnsSruck Inn by four lodge
units and one employee dwelling mt is approved, subject to the following conditions:
1. A PUD Agreement shall be recorded within 180 days of the final
approval by City Council and shall include the following:
a. The information required to be included in a PUD Agreement,
pursuant to Section 26.445.070(C).
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 physical improvements, and
location of utilitY pedestals.
b. An illustrative site plan of the project showing the proposed
improvements, landscaping, parking, and the dimensional
requirements as apProved.
c. A drawing representing the project's architectural character.
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SILVI~q DClVTS PITKIN COUNTY CO R 4~..00 D 0.00
3. Prior to applying for a building permit, the applicant shall record a
PUD Agreement and the Final PUD Plans, as specified above, with the
Pitkin County Clerk and Recorder.
4. The following dimensional requirements of the PUD are approved and
shall be printed on the Final illustrative Plan:
5. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the
building permit set.
c. A completed tap pem~it for service with the Aspen
Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department
and any approval from the Parks Department Director for off-
site replacement or mitigation of any removed trees.
e. A drainage plan, including an erosion control plan, prepared by
a Colorado licensed Civil Engineer which maintains sediment
and debris on-site during and after construction. If a ground
recharge system is required, a soil percolation report will be
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required to correctly size the facilitY. A 2-year storm frequency
should be used in designing any drainage improvements.
6. The Applicant shall install an adequate fire alarm system throughout
the structure and a fire sprinkler system that meets the requirements of
the Fire Marshal.
7. Prior to issuance of a building perm/t:
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.
If an alternative agreement to delay payment of the Water Tap
and/or Parks Impact fee is finalized, those fees shall be payable
according to the agreement.
8. The Applicant shall convey an undivided fractional interest (one tenth
of 0.1%) in the ownershiP of the deed restricted employee housing to
the AsperffPitkin County Housing Authority for the purposes of
complying with the recent Colorado Supreme Court Decision regarding
rent Control legislation. To satisfy the rent control issue, the Applicant
may submit an altemative Option acceptable i0 the CitY Attorney.
9. The Applicant shall indemnify and hold harmless the AsperffPitkin
County Housing Authority and City of Aspen from any claims,
liability, fees or similar charges related to ownership in the deed
restricted employee housing unit.
10. Prior to building permit issuance, the Applicant shall record a deed
restriction for the employee housing unit, and grant the undivided
fractional interest in the ownership of the affordable housing units to
the AspenJPitkin County Housing Authority.
11. The Applicant shall adequately mitigate for employee generation by
providing deed restricted employee housing for at least .59 FTEs as
per the recommendation from the Aspen / Pitkin County Housing
Authority.
12. The employee housing unit shall be deed restricted at the Category 2
rental rate, but since the unit is for the use of the lodge, income and
asset restrictions shall be waived. Further, the Applicant shall meet
with the Housing Office Staff prior to the completion of the addition to
establish mutually acceptable lease terms for employees whose units
are attached to the business.
13. The Applicant shall submit a PM-10 mitigatiOn plan to the
Environmental Health Department for approval prior to issuance of a
building permit. The mitigation plan shall include sufficient measures
to mitigate for 36 additional vehicular trips per day.
14. The Applicant shall complete (prior to any of the remodel work,
including removal of drywall, carpet, tile, etc.,) the Building
Department's asbestos checklist, and if necessary, a person licensed by
the State to do asbestos inspections must conduct an inspection. The
Building Department cannot sign any building permits until they get
this report. If there is no asbestos, the demolition can proceed. If
asbestos is present, a licensed asbestos removal contractor must
remove it.
15. The Applicant shall pay the City of Aspen $8,200 in park development
impact fees. These fees shall be due and payable at the time of
issuance of a building permit for the development.
16. The Applicant shall provide priority to the occupant(s) of the
employee housing unit, for the use of one of the off-street parking
spaces to the north of the building. In the event that the occupant(s) of
the employee housing unit does not own a car, the parking space shall
re,hin available for the general use of the Innsbruck Irm lodge guests.
17. The Applicant shall obtain a revocable encroachment license to
continue to allow the lodge to utilize the parking spaces on the alley as
angled "head in" parking as they currently exist.
18. That the Applicant shall sign a sidewalk, curb and gutter construction
agreement and pay the applicable recording fees prior to issuance of a
Certificate of Occupancy.
19. That the Applicant shall Pay the appropriate Street Impact Fees to the
City of Aspen for excessive wear to the streets caused by construction
traffic as determined by the Engineering Department.
20. That the Applicant shall be required to show plans for all
Improvements, snow storage areas, utility pedestals, districts, curb and
gutter, and sidewalk improvements prior to building penuit issuance.
21. The Applicant shall submit to the Environmental Health Department a
fugitive dust control plan which includes, but is not limited to fencing,
watering of disturbed areas, continual cleaning of adjacent paved roads
to remove mud that has been carried out, or other measures necessary
to prevent windblown dust from Crossing the property line or causing a
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nuisance. This shall be required prior to the submittal for building
permits.
22. That the Applicant shall install tree saving construction fences around
the drip line of any trees to be saved.
a. The City Forester or his/her designee must inspect this
fence before any construction activities commence.
b. No excavation, storage of materials, storage of construction
equipment, construction backfill, foot or vehicular traffic
shall be allowed within the drip line.
23. That the Applicant shall comply with the City of Aspen Water System
Standards, with Title 25, and with applicable standards of Title 8
(Water Conservation and Plumbing Advisory Code) of the Aspen
Municipal Code, as required by the City of Aspen Water Department.
24. The Applicant shall comply with the Aspen Sanitation District's rules
and regulations. If new sewer lines are required, then the existing
service must be excavated in the alley and disconnected at the main
sewer line. No clear water connections (roof, foundation, per/meter
drains) shall be allowed. All improvements below grade shall require
the use of a pumping station.
25. The applicant shall abide by all noise ordinances. Construction
activity is limited to the hours between 7 a.m. and 7 p.m on Monday
thru Saturday.
26. The Applicant shall agree that there will be no construction material or
dumpsters stored on the public rights-of-way unless a temporary
encroachment license is granted by the City Engineer. In addition, the
Applicant shall submit a full set of construction management plans as
part of the building permit application, and the management plan shall
include a noise, dust control, and construction traffic management plan
which addresses, at a minimum, the following issues.
a. Defining the construction debris hauling routes and impact
on local streets; and
b. The city encourages that site workers be shuttled in from
the airport parking area.
27. A bear-proof dumpster shall be located on-site meeting the standards
of the City of Aspen Wildlife Ordinance.
28. One ground floor lodge room shall meet handicap accessibility
requirements.
29. The Applicant shall submit a food service plan for review by the
Environmental Health Department and obtain a food service license if
required, prior to issuance of a Certificate of Occupancy for the added
lodge rooms. If determined to be necessary, the Applicant shall install
an oil and grease interceptor in the breakfast room/kitchen.
30. The Applicant shall post a sign indicating that the westernmost parking
space on the alley is for compact cars only.
31. The Applicant shall join any future improvement districts that are
formed to complete future City approved improvements to the
adjoining/surrounding right-of~ways.
Section 2:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the GMQS Exemption for Affordable Housing, to allow for the expansion of the Innsbruck
Inn by one employee dwelling unit is approved.
Section 3:
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 construed and conClUded under such
prior ordinances.
Section 4:
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 5:
A public heating on the ordinance shall be held on the 12th day of Augnst, 2002, in the City
Council Chamb~s, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 8th day of July, 2002.
OB/~2/~003 0D;50~'
Attest: ' ..............
~ ..-~ ,,,- ~
~[X,,'~opted, p~d ~d ~pp~oved by ~ ~ot~ o~ ~v~ to ~o (S-0), ~ 12~ d~y of
Au~gt, 2o°Z}~:
Helen ~a~ ~Mayor
· .kathryn S.:.K~.~.', City Cle~'k
Approved as to form:
CJOh-~n'P. Worcester, C~ty Attorney