HomeMy WebLinkAboutordinance.council.032-04
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ORDINANCE NO. 32
(SERIES OF 2004)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE MINOR
PLANNED UNIT DEVELOPMENT, SUBDIVISION, TIMESHARE, AND LODGE
PRESERVATION AND AFFORDABLE HOUSING GMQS EXEMPTIONS FOR
THE INNSBRUCK INN, LOCATED AT 233 WEST MAIN STREET, LOTS A-E,
BLOCK 52, CITY AND TOWNSITE OF ASPEN, COLORADO.
ParcellD: 2735-124-54-001
WHEREAS, the Applicant, 233 W. Main Development Corporation, represented
by Haas Land Planning, LLC, submitted an application (hereinafter "the application")
requesting approval of a Minor Planned Unit Development, Subdivision, Timeshare
request, and GMQS Exemptions for Lodge Preservation and Affordable Housing to
remodel and expand the Innsbruck Inn, located at 233 W. Main St., Lots A-E, Block 52,
City and Townsite of Aspen, into a timeshare lodge to consist of twenty-two (22) lodging
bedrooms and a one-bedroom affordable housing unit; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the proposal, with
conditions; and,
WHEREAS, during a duly noticed public hearing on September 7, 2004, the
Planning and Zoning Commission approved Resolution No. 79, Series of 2004, by a four
to one (4-1) vote, recommending that City Council approve the proposed Minor PUD and
associated land use requests to reconfigure and expand the Innsbruck Inn into a timeshare
lodge consisting of twelve (12) timeshare lodge units and a one-bedroom affordable
housing unit; and,
WHEREAS, during a duly noticed public hearing on October 12, 2004, the
Aspen City Council reviewed the proposed Minor PUD application and associated land
use requests to reconfigure and expand the Innsbruck Inn into a timeshare lodge
consisting of twelve (12) timeshare lodge units and a one-bedroom affordable housing
unit and continued the hearing until November 8, 2004 with the suggestion that the
Applicant look at providing additional lodging bedrooms in the development proposal;
and,
WHEREAS, the Applicant submitted an amended proposal requesting approval
to construct thirteen (17) timeshare lodge units consisting of a total of thirty-seven (37)
lodging bedrooms and a two-bedroom deed-restricted affordable housing unit; and,
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WHEREAS, during a continued public hearing on November 8, 2004, the Aspen
City Council approved Ordinance No. 32, Series of 2004, by a four to zero (4-0) vote,
approving the amended Minor PUD and associated land use requests to reconfigure and
expand the Innsbruck Inn into a timeshare lodge consisting of seventeen (17) timeshare
lodge units containing thirty-seven (37) lodging bedrooms and a two-bedroom affordable
housing unit; and,
WHEREAS, 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,
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,
City Council hereby approves a Minor Planned Unit Development, Subdivision,
Timeshare, and Lodge Preservation and Affordable Housing GMQS Exemptions for the
Innsbruck Inn, a property located at 233 West Main Street, Lots A-E, Block 52, City and
Townsite of Aspen, to expand and convert the existing lodge into a timeshare lodge
consisting of seventeen (17) timeshare lodge units containing thirty-seven (37) lodging
bedrooms and a two-bedroom affordable housing unit, with the following conditions:
1. A final SubdivisionIPUD agreement shall be recorded at the Pitkin County
Clerk and Recorder's Office within 180 days of the final approval by the
Historic Preservation Commission (the HPC).
2. A final SubdivisionIPUD Plan shall be recorded in the Pitkin County
Clerk and Recorder's Office within 180 days of the final approval granted
by the HPC and shall include the following:
a. A final plat meeting the requirements of the City Engineer and
showing: easements, encroachment agreements and licenses (with the
reception numbers) for physical improvements, and location of utility
pedestals.
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b. An illustrative site plan of
improvements, landscaping,
requirements as approved.
the project showing the proposed
parking, and the dimensional
c. A drawing representing the project's architectural character.
3. The following dimensional requirements of the PUD are approved and
shall be printed on the Final Illustrative Plan:
No requirement
60 reet
12 Feet for Building, 9 Feet for the area well in
front of west wing, 5 Feet for pool, I Foot for hot
tub
3 Feet for buildinglO Feet for Roof Overhangs
13 Feet for Building/Decks, 10 Feet for External
StailWa ,0 Feet for Trash Enclosure
No Requirement
27 Feet from bottom of egress well to midpoint of
roof
No Requirement
Per Final PUD Plans
1.2\:1
Per Final PUD Plans
6 Completely On-site Parking Spaces (This
represents the Parking Option of removing the
parking spaces accessed from Main Street
without re lacin them on site
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution, as well
as the Final HPC Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit 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. The tree removal
permit application shall be accompanied by a detailed landscape plan
indicating which trees are to be removed and new plantings proposed
on the site.
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 required to
correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements.
f. A construction management plan pursuant to the requirements
specified in Condition No. 20 included herein.
g. A fugitive dust control plan to be reviewed and approved by the
Environmental Health Department, as detailed in Condition No. 14
included herein.
5. Throughout the structure, the Applicant shall install a fire alarm system
meeting the requirements of the Fire Marshal. The Applicant shall also
install a fire sprinkler system that meets the requirements of the Fire
Marshal.
6. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community
Development Director stating that all 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.
7. The Applicant shall convey an undivided fractional interest (one-tenth of
one percent (0.1 'Yo)) in the ownership of the deed-restricted employee
housing to the AspenlPitkin County Housing Authority for the purposes of
complying with rent control legislation and common law. To satisfy rent
control issues, the Applicant may submit an alternative option acceptable
to the City Attorney. Conveyance of the undivided fractional interest in
the affordable housing unit shall occur prior to issuance of a certificate of
occupancy on the reconfigured and expanded lodge.
8. If the Applicant conveys an interest in the affordable housing unit to the
Housing Authority as described in Condition No.7 above (rather than an
alternative acceptable to the City Attorney), the Applicant shall indemnify
and hold harmless the AspenlPitkin County Housing Authority and City of
Aspen from any claims, liability, fees or similar charges related to the
Housing Authority's ownership in the deed restricted employee-housing
unit.
9. Prior to issuance of a building permit, the Applicant shall record a deed
restriction for the employee-housing unit. The employee-housing unit
shall be deed restricted at the Category 2 rental rate, but since the unit is
included in the lodge itself and intended to house employees 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 construction
to establish mutually acceptable lease terms for employees whose units are
attached to the business.
10. 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.
11. The Applicant shall repair any cracked or uneven sections of sidewalk
adjacent to the property and improve the sidewalk, curb, and gutter in the
adjacent public right-of-way along Main Street and along South Second
Street to meet the City Engineering Department's Standards, which
includes replacing the Main Street gutter system adjacent to the Innsbruck
property to provide a gutter with a slope that meets the City Engineer's
specifications. The curb along Main Street adjacent to the subject
property shall be improved to a six (6) inch vertical curb.
12. The Applicant shall extend the sidewalk that exists adjacent to South
Second Street across the alleyway with six (6) inch thick reinforced
concrete. . The Applicant shall also install a concrete driveway ramp
meeting the City Engineer's standards from South Second Street to the
sidewalk that is to cross the alleyway.
13. 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 permit issuance.
14. 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
nuisance. This shall be required with the submittal for building permits.
15. The Applicant shall install tree saving construction fences around the drip
line of any trees to be saved subject to the following provisions:
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.
16. The Applicant shall install a tree root barrier on the trees that are to be
planted within ten (10) feet the sidewalk, curb, and gutter to prevent future
root damage and sidewalk upheaval.
17. 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.
18. 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, perimeter drains) to sanitary
sewer lines shall be allowed. All improvements below grade shall require
the use of a pumping station.
19. 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.
20. 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 that are consistent with the City
Construction Management Plan Guidelines at the time of building permit
submittal.
21. 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 serving food in the multi-purpose room. If determined to
be necessary by the Aspen Consolidated Sanitation District, the Applicant
shall install an oil and grease interceptor in the multi-purpose
roomlkitchen.
22. The Applicant shall agree to join any future improvement districts that are
formed to complete future City approved improvements to the adjoining!
surrounding right-of-ways.
23. All exterior lighting shall meet the City of Aspen Lighting Code pursuant
to Land Use Code Section 26.575.150, Outdoor Lighting, as may be
amended from time to time.
24. All design, installation, and maintenance of the pool and spa must comply
with the State of Colorado's "Swimming Pool and Mineral Bath
Regulations." Pool water shall be drained directly into the sanitary sewer
and shall not be drained into the storm sewer. The Applicant must have
the Aspen Consolidated Sanitation District approve the drain size for the
swimming pool and spa before installing them.
25. Each owner of an estate shall have an undivided interest in the common
recreational areas within the facility.
26. School Land Dedication Fees of$I,772.84 shall be assessed. School Land
Dedication fees are assessed based on one-third the value of the
unimproved land divided by the proposed number of residential units on a
per acre basis. Amendments to the Project or to the fee schedule adopted
prior to issuance of a building permit shall require a new calculation. The
fee total is based on the current fee schedule and is calculated as follows:
$565,500 (Valuation of Land per Assessor's Office) multiplied by .0095
acres (Land Dedication Standard) multiplied by 0.33= $1,772.84.
27. Park Develovment Imvact Fees of$3,905 shall be assessed. Amendments
to the Project or to the fee schedule adopted prior to issuance of a building
permit shall require a new calculation. The following fee total is based on
the current fee schedule:
Park Fees-Proposed Development:
10 (three-bedroom timeshare lodge units) multiplied by $1,520 per unit =
$36,340
7 (I-bedroom timeshare lodge units) multiplied by $2,120 per unit =
$14.840
1 (2-bedroom affordable housing unit) multiplied by $ per unit = $2.725
Total:
$53,905
Park Fees- Credit for Existing Development
33 (studio lodge units) multiplied by $1,520 per unit = $50.160
Total Credit: $50,160
28. All unsold timeshare units that are not used by the Applicant for exchange,
marketing or promotional purposes shall be made available for short-term
rent until purchased. This condition shall be included in the
PUD/Subdivision Agreement to be recorded in the Pitkin County Clerk
and Recorder's Office.
29. Nothing in the timeshare documents shall prohibit short-term rentals or
occupancy. Non-deed restricted units shall be available for short-term
rental purposes when not occupied by the purchaser or its guests or
utilized for exchange programs. The Applicant shall submit timeshare
documents to the City Attorney for review and approval prior to recording
them at the office of the Pitkin County Clerk and Recorder.
30. The Applicant shall maintain the option of signing up to two (2) on-street
parking spaces adjacent to the Innsbruck Inn as available, for short-term
drop-off parking for guests checking in and checking out. If the Applicant
chooses to sign up to two (2) on-street parking spaces as short-term drop-
off parking, they may sign the spaces either on Main Street or South
Second Street.
3 L The Applicant shall mitigate an expected loss in lodging tax revenues
resulting from the conversion of the existing lodge to timeshare in the
amount of $19,791.00. The anticipated loss in lodging tax revenues shall
be mitigated prior to building permit issuance. The City of Aspen shall
conduct an annual audit of the sales tax revenues that the City collects
from the reconfigured lnnsbruck Inn over its first five (5) years of
operation, to determine if the projected revenues are accurate. The
Applicant shall cooperate with the Finance Department in its annual audit
efforts. No changes in the timeshare mitigation plan shall be required as a
result of the audit described above.
32. Any amendments that the Historic Preservation Commission requires to
the large egress well proposed on the north side of the building shall
constitute approval of an amendment to the site-specific development plan
approved herein for the lnnsbruck Inn.
Section 2:
Approval of this ordinance hereby renders the previous unbuilt approvals granted
pursuant to Ordinance No. 24, Series of2002, null and void.
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 hearing on the ordinance was held on the 12th day of October, 2004, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 8th day of
November, 2004.
Section 6:
A continued public hearing on the ordinance was held on the 8th day of November, 2004, in
the City Council Chambers, 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 27th day of September, 2004.
H
Attest:
FINALLY, adopted, passed and approved by a vote of four to zero (4-0), this 8th day of
November, 2004.
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Helen i rud, Mayor
Attest:
Approved as to form:
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JolfirI>Worc er, City Attorney