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HomeMy WebLinkAboutresolution.apz.035-08RESOLUTION N0. Jam, (SERIES OF 200 A RESOLUTION OE THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND GROWTH MANAGEMENT REVIEW FOR A PERMANENT, SUMMER-ONLY TENT, LOCATED UPON LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION, COMMONLY KNOWN AS THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET PARCEL ID: 2735121-29-809 WHEREAS, the property commonly known and referred to as the "Aspen Meadows" has previously been designated a specially planned azea (SPA) on the City of Aspen Official Zone District Map; and WHEREAS, Ordinance No. 14, Series of 1991, of the City Council of the City of Aspen, granted final approval of the Aspen Meadows Specially Planned Area (SPA) final development plan, and associated land use approvals; and WHEREAS, in 1992, the First Amended Plat was approved to reconfigure the subdivision to create Lot 1-B, a parcel that is 13.160 acres and has three existing buildings; the Bechter Building, the Koch Seminar Facility, and the Paepcke Auditorium building. WHEREAS, in 1995, the Second Amended Plat was approved, allowing modifications to the Seminaz Building, defining dimensions and setbacks with a supplemental site plan. WHEREAS, the Institute has been operating ~ summer-only tent as a temporary use from 2005 through 2008 for special events that exceed the capacity of existing meeting rooms on the Institute campus; and WHEREAS, the applicant, The Aspen Institute, represented by lim Curtis, Planner, requested conceptual major development approval for a permanent, summer-only tent, located at 1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1 B, City and Townsite Aspen; and WHEREAS, at their regular meeting on July 23, 2008 (after the hearing was noticed, opened, and continued from May 28, 2008 and July 23, 2008), the Historic Preservation Commission considered the application, found the application was consistent with the review standazds and "City of Aspen Historic Preservation Design Guidelines" and approved the (conceptual) application with conditions by a vote of 5 to 0. WHEREAS, upon initial review of the application and the applicable code standazds, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing continued to January 6, 2009, upon further public testimony, dpi Gussion and consideration, the Planning and Zoning Commission adopted Resolution No.~~ Series of 200 by a five to zero ('~-Q, 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: Section I• Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of a Consolidated Specially Planned Area (SPA) Amendment and Growth Management Quota System Review for an Essential Public Facility with the following conditions to be incorporated prior to City Council Review: Conditions of Aoaroval 1) The applicant shall provide a drainagt plan, grading plan, and transportation plan (mitigating for Tent events) as approved by the City Engineer. 2) The transportation plan and scheduling of events shall address the number of concurrent events, increasing the mitigation and management for overlapping events as approved by the City Engineer. 3) The institute shall hold no more than 8 events per year at the Greenwald Pavilion. 4) No private events shall be held at the Greenwald Pavilion (weddings, etc.) 5) All events must comply with City of Aspen sound ordinance requirements. 6) The Greenwald Pavilion shall comply with the requirements of the ACSD and Public Works (no tent or structures over the utility easements) to allow for emergency access. 'n Landscape screening on the north side of the tent and around the toilet facilities shall be provided around the north and west edges of the temporary facilities (port-o- potties with a minimum of one (1) ADA stall required). 8) At least one (1) pedestrian path through the Paepcke Memorial Garden shall be accessible (ADA -all paths must be firm, stable, and slip resistant). Section 2: Buildin¢ 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 wil! 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 design and construction standards published by the Engineering Department. Section 4: Affordable Housine Audit The applicant shall submit an employee audit prior rto building permit issuance and two years after issuance of C.O. the form and methodology of the audit shall be reviewed by APCHA and be consistent For both audits. The applicant shall provide mitigation for any increase in employees unless otherwise waived by Ciry Council. 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). Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities (this provision does not specify a particular type of surface. It is written in performance language; therefore, the surface must carry the load of the anticipated emergency response vehicles and be drivable in all kinds of weather). If grass pavers aze to be used, they must be installed to meet the above standards. The grass paved azeas must be maintained (be careful of snow plowing ripping out the pavers). The grass paved areas must be delineated from adjacent landscaping. Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standazds, 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.. tmity of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. No structures shall be permitted over the utility easements. Emergency access to service the utilities shall be provided at all times. Section 7: Sanitation District Requirements Permanent improvements are prohibited in sewer easements or right of ways including hazd landscaping which will impact public ROW or easements owned by the district. A revocable license issued by the district to the Institute will be required to construct a terrace on the district's easement. Prior approval of construction material for the terrace will be required. Additional access easements will be required from the applicant to the district to facilitate the district's ability to maintain the main sanitary sewer lines. 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 cleaz 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. Driveway entrance drains must drain to drywells, elevator shafts drains must flow thru o!s interceptor. Permanent improvements aze prohibited in sewer easements or right of ways. All ACSD fees must be paid prior to the issuance of an excavation foundation or access/infrastructure permit. Section 8: Environmental Health ~ '' `~~ The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be awaze 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: Eaterior Liehtine 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 The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.440, specially planned azea. Section 11• Parks An approved tree permit is required before submission of the building permit set (decrease the amount of spruce trees, increase in aspen, cottonwood, Douglas fir, and service berry bushes). The new grading and planting will require City seed mixes and approval of the landscaping. All new plantings will need to be irrigated and the landscape plan reviewed by Parks Department. 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, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Hand work only will be approved within the protection zones and for the re-opening of the irrigation ditch. Section 12: Transaortation Transportation requests that the Institute meet with Staff prior to each summer season to discuss their schedule of events and associated transportation/pazking impacts as well as mitigation such as increased shuttle service, etc. Transportation requests that the Institute communicate with event staff/attendees about alternative transportation options prior to lazge events. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Cotincil, 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 14• 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 15• 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 6th day of January, 2009. APPROVED AS TO FORM: ~-~L ------~ im True, Special Counsel PL IN ND ZONING COMMISSION: LJ Ers mer, Chair ATTEST: ckie Lothian, Deputy City Clerk y ,.ee ~.~• eOj ;uadsy `sxopua{y uadsye ~,e o e P „Z-V„ u~[d Pasodo.~ -;ua,L uogined P[E~uaa~~ !f~lf! ~ o x sn~opeayv uads~+ ay,L - a3n~~~srti uads~ ayy `° Iw I w ~ o ~ ~ ,, ~ , $$4it$ .... . ... ... ......... o~ .......... ,., ... a . •p~'uadsy 's•xopea{y uadcd ~~Z-~'~~ u~Id Pasodoad -;uaZ uoil~nsd P[g~+uaaa~ !i~!!! N o s.wopeay~ uadsd ayy • a;n;~;suI uads~ aqZ qq gg w n n o d > > n ~ ~ l7g~E~