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HomeMy WebLinkAboutordinance.council.032-05 Page: 1 of 10 10/11/2005 1 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 ORDINANCE NO. 32 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE CHART HOUSE LODGE FINAL PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING SUBDIVISION, TIMESHARE, MOUNTAIN VIEW PLANE, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) FOR AFFORDABLE HOUSING ON THE PROPERTY DESCRIBED AS LOTS 6-9, BLOCK 3, OF THE EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2735-182-19-002 WHEREAS, the Community Development Department received an application from LCH, LLC represented by Stan Clauson Associates, LLC, requesting approval of a Final Planned Unit Development including Subdivision, Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing on the property described as Lots 6-9, Block 3, of the Eames Addition to the City and Townsite of Aspen; and, WHEREAS, pursuant to the Land Use Code Section 26.445, Planned Unit Development; Section 26.445, Growth Management Quota System; Section 26.480, Subdivision; Section 26.590, Timeshare; and Section 26.435, Mountain View Plane, the City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the subject property is approximately 12,000 square feet in size, and is located in the Lodge Zone District where lodging is permitted with appropriate approvals; and, WHEREAS, the Chart House Lodge was granted approval for eleven (11) Growth Management Allotments pursuant to Aspen C!ty Council Ordinance No. 36, Series of 2004; and WHEREAS, during duly noticed public hearings on June 7 and June 21, 2005, the Planning and Zoning Commission opened the hearings, took public testimony, considered pertinent recommendations and adopted Resolution No. 21, Series of 2005 recommending approval of the development proposal to the City Council; 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 taken public testimony and heard the recommendations of the Planning and Zoning Commission, Commtmity Development Director and referral agencies of the City of Aspen; and, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 1 Page: 2 of 10 10/11/2005 11: SILVIA DAVIS PITKIN COUNTY CO R 51.00 O 0.00 WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Approval of the Development Plan.~ Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the Chart House Lodge Final PUD, which includes application for PUD, Subdivision (condominiumization), Timeshare, Mountain View Plane, and Growth Management Quota System Exemptions (GMQS) for Affordable Housing for the development of a timeshare lodge consisting of eleven (11) lodging units and two (2) affordable housing units (consisting of two, 2-bedroom units), subject to the following conditions: 1. A PUD/Subdivision 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/Subdivision 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 Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping (including all plantings, species, numbers, and locations), parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. 3. Prior to applying for a building permit, the applicant shall record the PUD Agreement and the Final PUD Plans, as specified above, with the Pitkin County Clerk and Recorder. Section 2: Dimensional Approvals The following dimensional requirements of the PUD are approved and shall be printed on the Final PUD Plan: Chart House Final PUD Ordinance No. 32, Series of 2005 Page 2 Page: 3 of 10 10/11/2005 11:15~ SILVIA DAVIS PlTKIN COUNTY CO R 51,00 0 0.00 12,000 Square Feet No requirement One timeshare lodge (11 lodge units/21 keys and 2 affordable housing units) 120 feet 10 feet O-East side 15 West side, access way to AH units projects 5 feet from building 4 foot No Requirement 46'6" feet No Requirement 19 Percent 2.49:1 27 spaces, 2 of which are designated for employee units Section 3: Building Permit Submittal The following conditions are applicable to this approval. 1. The building permit application shall include the following: a. A copy of the final recorded ordinance. 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. e. A detailed ventilation plan of the parking garage ventilation system prepared by an engineer that specializes in the design of ventilation and heating systems. f. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. g. A detailed kitchen plan for approval by the City Environmental Health Department. h. A study performed by a Colorado Licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or streets along with a soil stabilization plan. i. 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 Chart House Final PUD Ordinance No. 32, Series of 2005 Page 3 Page: 4 or 10 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 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. 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. If an altemative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. The Applicant shall complete (prior to any demolition) 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 submittal of this report. If there is a finding of no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 4: Utility and Service Conditions of Approval The following conditions are applicable to this approval. 1. 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. The Applicant shall provide the Water Department with a detailed plan for relocating the fire hydrant that demonstrates that the water mains will be shut down during the relocation of the hydrant. This plan shall be approved by the Water Deparm~ent prior to relocation of the hydrant. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. When a new sewer line is installed, the existing service must be disconnected at the main sewer line at Aspen Street. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. The Applicant shall install an oil and grease separator in the restaurant/bar that meets the Aspen Consolidated Sanitation District's regulations. The applicant shall also install an oil and sand separator for the indoor parking facilities. The Applicant shall execute a shared sewer service line agreement prior to recordation of the PUD Plat and agreement. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 4 Page: 5 or' 10 10/11/2005 11:15~ SILVIA DAVIS PITKIN COUNTY CO R 5z.ee o e.ee The Applicant shall install an adequate fire alarm system throughout the structure as determined by the Fire Marshal. The Applicant shall also install a fire sprinkler system and fire extinguishers that meet the requirements of the Fire Marshal. In addition, the water service connection to the sprinklers must provide an adequate flow of water to eliminate the need for a fire pump. The Applicant shall also install standpipes within the stairwells. Section 5: Engineering Requirements and Conditions: Thc following conditions are applicable to this approval. 1. The Applicant and contractors are hereby notified that there will be no construction material or dumpstcrs stored on thc public rights-of-way unless a temporary encroachment license is granted by the City Engineer. 2. The Applicant shall submit a construction management plan as part of the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in fi~om the airport parking area. 3. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of-way. The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 5. 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. The Applicant and the City agree that, at the owner's expense, the City shall sign two (2) of the public parking spaces that are accessed off of Monarch Street as thirty (30) minute parking for use by guests for the purpose of checking in. 7. The Applicant shall install two (2) ADA accessible sidewalk ramps. One ramp shall be constructed from the sidewalk onto Monarch Street and the other ramp shall be constructed from the sidewalk onto Durant Avenue. The applicant shall install sidewalk, curb, and gutter that meet the City Chart House Final PUD Ordinance No. 32, Series of 2005 Page 5 Page: ~ of 10 10/11/2005 I1 SILVIA DAVIS PITKIN COUNTY DO R 51.00 D 0.00 Engineer's required specifications along Monarch Street and Durant Avenue prior to issuance ora Certificate of Occupancy. Section 6: Construction Management Plan The intent of this condition is to ensure that the developers of major building projects that are occurring simultaneously in and around downtown Aspen work together to limit the cumulative impacts of construction to the greatest extent possible. A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. Section 7: Lighting All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 8: Environmental Health The following conditions are applicable to this approval. 1. The Applicant shall obtain a Colorado Retail Food Establishment License prior to the serving of food that has been prepared on-site. The Applicant shall also obtain a liquor license prior to serving alcoholic beverages. A bear-proof dumpster or a dumpster that is fully enclosed behind doors that meets with the standards of the City of Aspen Wildlife Ordinance shall be located on-site. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 6 Page; 7 o~ 10 10/11/2005 11 SILVIR DAVIS PITKIN COUNTY CO R 51.00 D 0.00 The Applicant shall submit a final PM-10 mitigation plan to the Environmental Health Department for approval prior to issuance of a building permit. The mitigation plan shall include all of the mitigation measures that were proposed in the application. Section 9: Landscaping Improvements All landscaping in the public fight-of-way shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way. Any landscaping in the public right-of-way shall be approved by the City Parks Department prior to installation. The Applicant shall also obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of-way. Should any street trees along Durrant Avenue that are located on the boundary of the Chart House Lodge project fail, as determined by the Parks Department, within 2 years atter issuance of Certificate of Occupancy, then the developer shall be responsible for the replacement of said trees. Such tree replacement shall be with trees of a caliper of 6 to 8 inches in size and of a species approved by the Parks Department. The flower box and landscape pottings located on and in front of the building as shown on the representations contained within the Final PUD application dated March 31, 2005, shall be substantially implemented as part of this approval. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department. a. The Parks Department must inspect and approve of the fence location 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 fenced drip line. Section 10: Public Restaurant The restaurant within the Chart House Lodge project shall be and remain open to the general public. Conversion of the restaurant to private facility shall require a substantial PUD Amendment in accordance with the City of Aspen Land Use Code. This provision shall not prohibit occasional private events, as normally associated with restaurants. Section 11: Timeshare The following conditions are applicable to this approval. 1. Each owner of an estate shall have an undivided interest in the common areas (patio, storage, other) within the facility. 2. 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. Owners must make reservations for "short-notice, Chart House Final PUD Ordinance No. 32, Series of 2005 Page 7 Page: 8 of 10 I0/11/2005 11 $ILVIA DI~VIS PITKIN COUNTY CO R 51,00 D 0.00 space-available" time no less than 30 days prior to the time of use and the unit space shall be available to the general public during that time. These conditions shall be included in the Timeshare Documents, PUD and Subdivision Agreements to be recorded in the Pitkin County Clerk and Recorder's Office. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent of this condition that the 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. Section 12: Employee Housing Mitigation The following conditions are applicable to this approval. 1. The Applicant shall adequately mitigate for employee generation by providing affordable housing mitigation with two (2) deed restricted units (two 2-bedroom units) on-site, at a Category 3 level or as finalized by the Housing Department depending on the final size of the unit. The applicant shall structure a deed for the units such that 1/10th of 1 percent ownership of the units are given to the AsperffPitkin County Housing Authority in perpetuity; or the applicant may propose any other means that the Housing Authority or the City Attorney determines acceptable. This document shall be recorded prior to building permit approval. The Applicant shall provide priority to the occupant(s) of the affordable housing units, for the use of two (2) of the on-site parking spaces. In the event that the occupant(s) of the affordable housing units do not own cars, the parking spaces shall remain available for the general use of the lodge guests. The affordable housing units shall be deed restricted at the Category 3 rental rate, but since the units are for the use of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing Office Staffprior to the completion of the project to establish mutually acceptable lease terms for employees whose units are attached to the business. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. Section 13: Dean Street Improvments The Applicant has offered a financial contribution toward physical improvements to Dean Street for the enhancement of pedestrian amenities and aesthetic upgrade to the Dean Street way. The $250,000 financial contribution to the City of Aspen for such Chart House Final PUD Ordinance No. 32, Series of 2005 Page 8 SILVIA DAVIS PITKIN COUNTY CO R 51.00 D 0.00 improvements shall be made prior to Certificate of Occupancy for the building and shall be placed in a city fund solely for the purposes of improvements to Dean Street. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee in the amount of $44,214.00 prior to building permit issuance. The fee is assessed based on the following calculation: Proposed Commercial: 0 new net leasable square feet $0 due on commercial space Proposed Residential: 2 - 2 bdrm units (AH) x $2120 (fee per unit) = $4240 10 - 3 bdrm units (FM) x $3634 (fee per unit) = $36,340 1 - 4 bdrm unit (FM) x $3634 (fee per unit) = $3634 Total: $44,214 Section 16: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17: This ordinance ~hall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Seetion 18: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Chart House Final PUD Ordinance No. 32, Series of 2005 Page 9 Page: 10 of 10 SILVZA DI~VI$ PZTKIN COUNTY CO R 5~,ee O e.ee Thc City Clerk is directed, upon the adoption o£ this ordinance, to record a copy o£ this ordinance in the o£fice o£thc ?itldn county Clerk a~d Recorder. Section 19: A public heating on this ordinance shall be held on the 25th day of July, 2005, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be 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 of Aspen on the 1 lth day of July, 2005. Attest: · · EAL: FINALLYf a(~pted, passed and approved this day o 005. q; ~ erud, Mayor SEA[ Approved as t~.:form: Chart House Final PUD Ordinance No. 32, Series of 2005 Page 10