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HomeMy WebLinkAboutresolution.apz.036-08RESOLUTION No.~ (SERIES OF 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, MAKING A RECOMMENDATION FOR APPROVAL TO COUNCIL FOR A SPECIALLY PLANNED AREA AMENDMENT FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO THE PITKIN COUNTY JAIL BUILDING LOCATED AT 485 RIO GRANDE PLACE, LEGALLY KNOWN AS LOTS 1 AND 5, PITKIN COUNTY CENTER, CITY OF ASPEN Parcel Identification Number 2737-073-47-851 & 2737-073-06-855 WHEREAS, Stan Clauson Associates, Inc. located at 412 North Mill Street, Aspen, Colorado on behalf of Pitkin County, 530 E. Bleeker Street, Aspen, Colorado, submitted a request for a Specially Planned Area Amendment dated October 6th, 2008 to the Planning and Zoning Commission; and WHEREAS, the subject property is located at 485 Rio Grande Place, Aspen, the parcels are identified as parcel numbers 2737-073-47-851 & 2737-073-06-855, and the legal description of the property is: Pitkin County Center, Lot 1 and 5, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, the Specially Planned Area approval for the Property was originally approved by the Aspen City Council in 1977 and again for the Rio Grande Master Plan in Ordinance No. 10 Series of 1993; and WHEREAS, the current request is to receive a recommendation for approval to the City Council for a Specially Planned Area amendment to amend the SPA to permit the construction of a 324 square feet addition to allow for storage of data equipment and computer servers; and WHEREAS, the Planning and Zoning Commission reviewed and considered the application for a Specially Planned Area Amendment Review pursuant to Code section 26.440.050 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 hearing on December 16th, 2008; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended denial 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: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval to the City Council of the Specially Planned Area Amendment as requested for the Property. The recommendation of approval granted herein is conditioned on the following: 1. The applicant is required to remove snow or store accumulated snow on site. Snow is not permitted to be relocated to the Rio Grande Park to limit damage to the sprinkler heads. 2. The applicant will be required to apply for a lot line adjustment or otherwise remedy the building location proposed to be over a lot line. The Building Code does not permit buildings to belocated on lot lines. 3. Remove the landscaping rocks from the right-of--way as per the Engineering Department. 4. The Parks Department requires a landscaping plan that provides for: a. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b. Plant Spacing: Appropriate spacing will be required for all new plantings. Coniferous Trees will require adequate spacing between trees and distance from z buildings or structures to allow for mature growth. Deciduous Trees will require adequate spacing from structures to accommodate mature growth in height. c. Seed Mix and Irrigation: Applicant shall use the City of Aspen approved native seed mix and a temporary or permanent irrigation system will be required for establishment. d. Weed Management: Applicant shall detail and define how it will manage noxious weeds during the seed establishment period. Section 3• 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 4• 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. INTRODUCED, READ AND ADOPTED by the Planning and Zoning Commission of the City of Aspen on the 16th day of December 2008. ~ n Attest: _~ ackie Lothian, Deputy City Clerk L rspame Chairperson t APPROVED AS TO FORM ~~=~ amen R. True, Special Counsel