HomeMy WebLinkAboutresolution.apz.011-08RESOLUTION N0. 11,
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A
CONCEPTUAL SPECIALLY PLANNED AREA (SPA) AMENDMENT, AND
APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR THE
DEVELOPMENT OF SUB-GRADE PARHING, COMMERCIAL SPACE, FIVE
FREE-MARKET RESIDENTIAL UNITS AND NINE AFFORDABLE HOUSING
UNITS FOR THE PROPERTY COMMONLY KNOWN AS 300 PUPPY SMITH
STREET (CLARKS PARHING LOT) CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2737-073-52-001
WHEREAS, the Community Development Department received an application
from Puppy Smith, LLC, represented by Sunny Vann of Vann Associates, LLC
requesting a recommendation by the Planning and Zoning Commission for conceptual
approval of an amendment to a Specially Planned Area (SPA) and for conceptual
approval of commercial design review for the development of a new building to contain
sub-grade parking commercial space, five (5) free-market residential units and nine (9)
affordable housing units; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended the Applicant amend
the proposal to better comply with the requirements of a Specially Planned Area (SPA) and
the Commercial Design Standards; and,
WHEREAS, during a duly noticed public hearing on December 4, 2007, the
Planning and Zoning Commission opened the hearing and continued the hearing to
January 15, 2008, and at the January 15, 2008 hearing the Planning and Zoning
Commission continued the hearing to Februazy 26, 2008 due to failure to provide
appropriate public notice; and
WHEREAS, at the February 26, 2008 hearing, the Planning and Zoning
Commission, took public testimony, considered the application, and moved to continue
the public hearing to Mazch 18, 2008; and,
WHEREAS, at the March 18, 2008 hearing upon further public testimony,
discussion and consideration, the Planning and Zoning Commission adopted Resolution
No. 11, Series of 2008 by a four to one vote; and,
WHEREAS, the Aspen Planning and Zoning Commission 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,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
The final SPA application shall address comments in the following sections:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Planning and Zoning Commission hereby recommends approval of Conceptual
Specially Planned Area (SPA) amendment, and approves Conceptual Commercial Design
Review with the following conditions to be incorporated into the final SPA and
Commercial Design Review:
A) Review the height and setback variation and relationship to surrounding
contextual buildings with respect to the northwest corner to de-emphasize the
mass of the proposed building and to lessen the reading of one structure.
B) Create a building that emphasizes the corner importance of Mill and Puppy Smith
streets by defining a "gateway" on approach to the City from the north, either
with building forms or with architectural detailing and/or pedestrian amenity.
C) The applicant shall pay 6% in lieu of the public amenity requirement to be Open
to the Sky.
Section 2: Building
The Applicant shall meet adopted building codes and requirements if and when a
building permit is submitted. Accessible routes to any public right-of--way and accessible
parking spaces will be required. The proposed project will be subject to the newly
adopted Use Tax on building materials. The proposed project may be required to comply
with a newly developed Efficient Building Program for Commercial projects.
Section 3: Engineerine
The Applicant's design shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standards published by the
Engineering Department. The proposal shall comply with the DRC comments from the
Engineering Department regarding transportation, drainage, pedestrian improvements,
construction management, traffic studies, utilities and sight distances.
Section 4: Affordable Housine
The Housing Board requests that a deed restriction be memorialized for the existing
eighteen (18) affordable housing units. The content of the deed restriction will be subject to
the terms of the original approval. As proposed, the nine (9) newly created affordable
housing units shall meet the requirements of the Land Use Code and the Aspen Pitkin
County Housing Authority (APCHA) guidelines.
Section 5: Fire Mitieation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is
not limited to access (International Fire Code (IFC), 2003 Edition, Section 503),
approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907).
Section 6: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25,
and with the 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.
Utility placement and design shall meet adopted City of Aspen standards. Each of the units
within the building shall have individual water meters. The well house cannot be used as a
discrete source of irrigation water for the Rio Grande Park. A transformer location will have
to be provided on the Customer's property that meets the COA Utility standazds for safety
clearances per National Electric Safety Code. Customer will pay for costs incurred by the
COA Electric System in engineering fees for calculating and designing load profiles for the
premises. On-site drainage detention solutions are questionable due to poor soil conditions
existing.
Section 7: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office. ACSD will review the approved
Drainage plans to assure that clear water connections are not connected to the sanitary sewer
system. On-site utility plans require approval by ACSD. ACSD will not approve service to
food processing establishments retrofitted for this use at a later date. Oil and Grease
interceptors are required for all food processing establishment. Oil and Sand separators are
required for parking garages and vehicle maintenance establishments. Driveway entrance
drains must drain to drywells, elevator shafts drains must flow thru o/s interceptor. Below
grade development may require installation of a pumping system. Shared service line
agreements may be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways. All ACSD fees
must be paid prior to the issuance of an excavation/foundation or access/infrastmcture
permit.
Section 8: Environmental Health
The state of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally, code requirements to be aware of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise
abatement and pool designs.
Section 9: Exterior Liahtine
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting.
Section 10: Dimensional Standards
All lots within the proposed subdivision shall meet the underlying zone district standards
of the Neighborhood Commercial (NC) zone district unless granted variances.
Section 11: Parks
An approved tree permit is required before submission of the building permit set. Parks
requests alternate plans for proposed on-site mitigation. The parks department does not
support the current plans for planting in the ROW. Pazk requests that the applicant set up
a meeting between the Pazks and Engineering offices to review alternatives for a
separated sidewalk. Tree protection fences must be in place and inspected by the city
forester or his/her designee before any construction activities aze to commence. No
excavation, storage of materials, storage of construction backfill, storage of equipment,
foot or vehicle traffic allowed within the drip line of any tree on site.
Section 12:
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, aze
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 13:
This Resolution shall not affect 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.
Section 14:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th
day of Mazch, 2008, and reconsidered and approved on April 1, 2008.
APPROVED AS TO FORM:
City Attorney
ATTEST:
ckie Lothian, e ty City Clerk
PLANNING AND ZONING