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Home My WebLink Aboutresolution.apz.034-08RECEPTION#: 555408, 12/31/2008 at 11:45:24 AM, 1 OF 8, R $41.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION No. (SERIES OF 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A REQUEST FOR A PLANNED UNIT DEVELOPMENT AND COMMERCIAL DESIGN REVIEW FOR THE PURPOSE OF ENCLOSING THE MECHANICAL EQUIPMENT ON THE ROOFTOP OF THE DANCING BEAR LODGE LOCATED AT 411 SOUTH MONARCH STREET, LEGALLY KNOWN AS LOTS P, Q, R AND S, BLOCK 77, CITY AND TOWNSITE OF ASPEN Parcel Identification Number 2737-182-19-002 WHEREAS, Eben P. Clark of Klein, Cote and Edwards, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf of Dancing Beaz Land, LLC, 210 North Mill Street, Aspen, Colorado, submitted a request, a Planned Unit Development Other Amendment and Commercial Design Review -Substantial Amendment dated September 23, 2008 to the Planning and Zoning Commission; and - WHEREAS, the subject property is located at 411 S. Monazch Street, Aspen, the pazcel is identified as pazcel number 273 7 1 82 1 9002, and the legal description of the property is: THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8, 2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN, STATE OF COLORADO and also known as Lots P, Q, R and S, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado ("Property"); and WHEREAS, the Planned Unit Development approval for the Property was originally ,. approved by the Aspen City Council in 2003 by Ordinance No. 29 Series of 2003, and the Dancing Beaz Lodge Final PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69 Page 8Q Reception No. 498443 (the "PUD"); and ,, WHEREAS, the current request is to receive approval for a Planned Unit Development Other Amendment and Commercial Design Review -Substantial Amendment to amend the PUD to permit the enclosure of the spa mechanical equipment on the rooftop. WHEREAS, the Planning and Zoning Commission reviewed and considered the application for a Planned Unit Development Other Amendment pursuant to Code section 26.445.100 (B) (PUD Other Amendments), and Commercial Design Review -Substantial amendment pursuant to Code section 26.412.080.B (Review Procedures) under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public heazing on November 18, 2008; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT: Section 1: The Planning and Zoning Commission makes the following findings of fact: A. A Planned Unit Development Other Amendment, and Commercial Design Review - Substantial Amendment application was initiated by: Eben P. Clark of Klein, Cote and Edwards, LLC located at 201 North Mill Street, Suite 203, Aspen, Colorado on behalf of Dancing Bear Lodge, 210 North Mill Street, Aspen, Colorado. B. Notice of the proposed Planned Unit Development Other amendment, and Commercial Design Review -Substantial Amendment has been provided to surrounding property z ,, - published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described roperty: 411 S. Monarch Street., City and Townsite of Aspen, CO, by Resolution No. Series of 2008, of the Aspen City Council. Section 8: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval. Section 9• Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. Section 10: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City provided that such reviews and approvals are not inconsistent with this approval. Section 11: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City including, but not limited to, building, ftre, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the City. APPROVED by the Commission at its regular meeting on December 16, 2008 by a vote of 3-2. APPROVED AS TO FROM: COMMISSION: ~,,.-•- , ' True, Assistant City Attorney AND ZONING owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Planned Unit Development Other amendment as requested and Commercial Design Review -Substantial Amendment application request for the property. The approval granted herein is conditioned on the following: A. The applicant shall meet all of the conditions of Ordinance No. 29. of Series 2003; however the applicant has approval to enclose the. spa mechanical equipment on the top floor. The enclosure shall have the same facade materials as the rest of the building. B. A change order shall be required to the existing building permit. C. The applicant shall extend the glass guard rail facade north along the west edge of the building to the first roof break in the spa equipment enclosure. Section3: 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. Section4: 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 Section 5: All material representations and commitments made by the Applicant pursuant to the approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• The rights granted by the approval of this site-specific development plan shall remain vested for a period of three (3) yeazs from the effective date of the approved development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be ATTEST: L ckie Lothian, Deputy City Clerk EXHIBIT A -Approved site plan and elevations ~~ <; ~~_ ~~~ w ~a= 3~~~ I~,waa w m~ < goo = ~, `_8 a ag~ ~~ °~ ,. Q~~~~~~ ~~a~ 11918 OQV210'107 ~N3d5d ~ ~ € ~ Q ~ ~~ ~ ~~~3a1 ~fg~ '1S H7NVNOW H1f10S Lt4 8 8 V 1918~a F~Aa 31..i1~~~~~g~ ~ 3'JaOI ?l~/38 JNI~Nd4 ~ j ~ ~ ~-..~ 11918 OOV210107'N3dSd s $ S~ u q ~~ ~ ~ S~B~~ ~p~~ k~ '15 H7NYNOW Hi(lOS l ib ~ ~ ~ ^ ~'~ °~ ~ ~~•~ l~=~ ~ 3~dOl 21b39 ~NIJNb4 ~ ~ ~ ~ ~ ~ ~~~ u ~. .f".E O w ~ -~ - Y~ ~O I Im ~U ~ r-_ Z F - ry"^ ~ I I I ~+ _. ~ ~ ~ v I I I w ~ 'a3 ~.~ - S3 LQ I_~ a L _ I I ~ ! ,, I II II II II a -- 1.1~~ ~ I I ®- ~~ ;, I I~.~ ha I I ~ Z is I Iwo w" I I Q I s I IaU %„$. I I J .a III w r4§ II N ~ ~~ I I `, 111 II II II II \~'"~~~ Q II II ~/ i II I! Q LL ~- M I I I s I a 0 _ _ Q ~ „ I ~ (Y S <[ m ~~ n .~ m ~ o ~ S ~ ~._ 4sa 11918 OOb'2101OJ 'N3dSV a $ ~ u ~ ~ £ ~r i ~~~" ~ai~ '1S HJNVNOW Hlf10S tlb ~ 3 ~ ~~< ~~ ~I d~8~~ ~~~a ~ ~ a o ~ °~ ~~ `~~'~ ~~"~ ~ 3`JdOI 21t/38 `JNI~Nb'4 ~ } ~ ~ v ~ I ~ ~ I i ~ I R I i ~ I i , ~ ~ , I 1 I i i I I ~ I i ~ I ~ I E ~ a ~ i I `~ oa I 3 o ~ 5 ~~ < t ~ c~ oLL w~ I i~ ~ I v y 9 4 -__-__-__ d~- ~ m _ ~ _ ~_ -__ -1-- __-__ _..- ~. __ ~ O -_--__-__ t1 ii't i-tfi __ i ___N .. ____ _ O Q O 111 W DC o~ ~, O _. --__ ..... ____...... _._ ~' -' Z O W J Q 0 U~ j ~ n~ n ~ 0 N U Q m ~- ®i - O O V F-.)