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HomeMy WebLinkAboutresolution.apz.002-09Resolution No. 2 (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW OF AFFORDABLE HOUSING FOR THE EXPANSION OF THE BUSINESS KNOWN AS KENICHI AND LOCATED AT 533 EAST HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel No. 2737-07-3-40-004 WHEREAS, the City of Aspen Community Development staff held apre- application conference where it was determined that the Applicant sought to expand the existing restaurant by 242 gross sq. ft., however Ordinance 51 was in effect, thus not allowing this type of development without approval from the Community Development Director; and, WHEREAS, the Community Development Director received a letter from the Applicant requesting exemption from Ordinance 51. The Community Development Director granted the exemption based on the determination that the expansion was a "minor improvement to a business's existing space; and, which did not substantially alter the intensity of the use;" and, WHEREAS, the Applicant held another pre-application conference with Community Development staff, and established the appropriate direction for the Application; and, WHEREAS, it was determined by Community Development staff that the review for Minor Expansion of a Commercial, Lodge, or Mixed-Use Development, the Certificate of No Negative Effect, and the Commercial Design Review would be handled administratively, with the Historic Preservation Officer granting the Certificate of No Negative Effect and the Commercial Design Review; and, WHEREAS, the Applicant was informed that the creation of new net leasable area is subject to GMQS review of Affordable Housing by the Planning and Zoning Commission; and, WHEREAS, the Applicant requested that the affordable housing requirement would be met through acash-in-lieu payment; and, WHEREAS, Community Development staff and the Aspen/Pitkin County Housing Authority calculated the cash-in-lieu payment for the 98 sq. ft. of new net leasable area; and, RECEPTION#: 555800, 01116!2009 at 09:08:23 AM, t OF 5, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the Planning and Zoning Commission reviewed the application upon recommendation of the Community Development Department and the Aspen/Pitkin County Housing Authority on January 6 , 2009; and, WHEREAS, the City of Aspen Planning and Zoning Commission fmds that the development proposal meets or exceeds all applicable development standards and that the approval and recommendation of approval of the land use requests is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission grants approval of Growth Management Review for Affordable Housing as a cash-in-lieu fee; and, WHEREAS, the City of Aspen Planning and Zoning Commission fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, The City of Aspen Planning and Zoning Commission voted in favor of the Growth Management review of Affordable Housing through acash-in-lieu payment, by a unanimous vote of 6 - 0 by those present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1• Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Affordable Housing. Section 2: Buildin¢ Permit Application The building permit application shall include the following: a. A copy of the final recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. £ As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements The redevelopment of the building as presented shall comply with the dimensional requirements of the Commercial Core (CC) zone district. Section 4: Engineerin¢ Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Affordable Housine The affordable housing requirements of the project shall be met with the provision of a cash-in-lieu payment to be assessed at the time. Section 6: 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 7: Water Department Requirements 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. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Section 9: Impact Fees Pursuant to Land Use Code Section 26.610.090, Current Impact Fees, the Applicant shall pay a TDM/Air Quality and a Parks Development fees for the creation of net leasable square footage. Section 10: Exterior Li2htin¢ 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 11: The rights granted by the approval of this site specific development plan shall remain vested for a period of three (3) years from the effective date of the approved development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by this Code within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Section 12: 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 final development approval as required under Section 26.304.070(A) of this Chapter. Section 13: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 14: 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 of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 15: The establishment of a vested property right shall not preclude the application of ordinances or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, 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. 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 resolution 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 conducted and concluded under such prior ordinances. Section 18: 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 6s' day of January, 2009. APPROVED AS TO FORM: G~-•----~-~= `~- City Attorney ATTEST: PLANNING AND ZONING COM SSION: Erspa r, Chair ~ ~ ~~~~~~ Jack-e L~othran, Deputy City Clerk