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Home My WebLink Aboutresolution.apz.012-09RECEPTION#: 562174, 08/21!2009 at 03:48:43 PM, 1 OF 4, R $21.00 Doc Code RESOLUTION RESOLUTION N0. 12 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSIO] RECOMMENDING CITY COUNCIL APPROVE A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR THE WHEELER OPERA HOUSE, 320 EAST HYMAN AVENUE, LOTS P, Q, R, S, BLOCK 81, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2737-073-38-851. WHEREAS, the applicant, Wheeler Opera House, 320 East Hyman Avenue, Aspen, CO represented by Gram Slaton, Executive Director, Wheeler Opera House; Farewell Mills Gatsch Architects, LLC; and Rowland + Broughton Architecture and Urban Design has requested Commercial Design Standard Conceptual Review for the property located at 320 East Hyman Avenue, Lots P, Q, R and S, Block 81, City and Townsite of Aspen, Colorado; and, WHEREAS, the Community Development Department received an application from the Wheeler Opera House requesting approval of requesting the Planning and Zoning Commission recommend approval of a Conceptual Development Plan for a Planned Unit Development (PUD) for an addition to the existing building; and, WHEREAS, the subject property, the Wheeler Opera House is a local landmark located in the CC, Commercial Core Historic District; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire Protection District, Environmental Health Department, Parks Department, Pazking Department , Aspen/Pitkin County Housing Authority, Public Works Department and Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Conceptual PUD and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, Conceptual PUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, Conceptual PUD review by the Planning and Zoning Commission requires a public hearing where the recommendations of the Community Development Director, Aspen Historic Preservation Commission and comments from the public were heard; and, WHEREAS, during a regular meeting on August 4, 2009, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended City Council approve the Conceptual Planned Unit Development by a five to one (5-1) vote, with the findings and conditions listed hereinafrer; and, WHEREAS, Conceptual PUD approval shall only grant the ability for the applicant to submit a Final PUD application and the proposed development is further subject to Final PUD PZ Resolution 12, Series of 2009 August 4, 2009 Page 1 of 4 review, GMQS Review, Commercial Design Standard Final Review, Major Development Final Review for a Historic Landmark, and Subdivision approval pursuant to the Municipal Code; and, four story addition to the existing Wheeler Opera House proposed to be 51'2" to the top of the fourth floor roof and 54'2" to the top of the elevator with a proposed floor area of 34, 469 square feet, which includes a subgrade performance venue, lobby spaces, office spaces, the conversion of existing box office spaces to commercial, one affordable housing unit with one bedroom, a versatile mixed media room and a fourth floor artist apartment/ community room with public rooftop access; and, WHEREAS, the Commission finds that the development review standards for a Conceptual PUD have been met, which includes height variation fora 4`h floor stairway corridor providing rooftop access for maintenance only as long as certain conditions are implemented. NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the Conceptual Planned Unit Development, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: ] . The Final PUD application shall reflect and demonstrate compliance with the findings of the Commission, as described above for the 4s' floor with maintenance access only, as shown in Alternate #4 on August 4, 2009. 2. The Final PUD application shall include: WHEREAS, an application was submitted for a. An application for Final PUD application and the proposed development is further subject to Final PUD review, GMQS Review, Commercial Design Standard Final Review, Major Development Final Review for a Historic Landmark, and Subdivision approval pursuant to the Municipal Code. Apre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions to become requirements of the PUD. c. A proposed subdivision plat and PUD plans 3. Prior to submitting an application for a Final PUD, the applicant shall make the following revisions to the development proposal as identified by the Planning and Zoning Commission: a. Historic Preservation. Additional locations for the existing mechanical equipment on top of the Wheeler Opera House will be submitted as part of the Final PUD application. b. Pedestrian/Public Use, Connections/Experience. Include a study of Pedestrian and Bike circulation and movement in the area to be provided. PZ Resolution 12, Series of 2009 August 4, 2009 Page 2 of 4 c. Parking. A trip generation study, traffic impact study of the azea with American Association of State of Highway Transportation Officials (AASHTO) numbers to be provided. Section 2: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Section 3: Engineering Final 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. Detailed plans of drainage and utilities must be submitted as part of the Final PUD application. Section 4: Housing The final design shall be compliant with all section of the City of Aspen Municipal Code, Title 21. Section 5: Fire Mitigation 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: Transaortation A detailed Transportation Plan shall be submitted as part of the final PUD application. The operation plan should include the information listed in the Development Review Committee minutes and comments from July 22, 2009. Section 7: 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 standazds. Existing building connections may need to be abandoned and/or updated to meet current standards. 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: Environmental Health The state of Colorado mandates specific mitigation requirements with regazd 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. Trip generation rates must be calculated pursuant to the standard Institute of Traffic Engineers Trip Generation rates and submitted as part of the Final PUD application. Additional detail is provided in the Development Review Committee minutes of July 22, 2009. PZ Resolution 12, Series of 2009 August 4, 2009 Page 3 of 4 Section 10: Exterior Liehtin2 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: School Lands Dedication and Impact Fees The Applicant shall pay all impact fees and the school lands dedication, if applicable, assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: Parks A formal vegetation protection plan shall be required with building permit application. An approved tree permit will be required before any demolition or access infrastructure work takes place. Further review and detail of excavation distances is necessary. All right-of way improvements shall meet city codes. Final layout of the plantings require Pazk Department approval. Additional detailed comments are included in the Development Review Committee minutes of July 22, 2009. 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 Commission at its regular meeting on August 4, 2009. APPROVED AS TO FORM: PLANNI~{N~G~/7AND//,Z~(ON'INL/~G////C//A~OMMISSION: Jim True, Special Counsel Stan Gibbs, Vice- Chair ATTEST: wU v ckie Lothian, Deputy City Clerk PZ Resolution 12, Series of 2009 August 4, 2009 Page 4 of 4