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HomeMy WebLinkAboutresolution.apz.006-10RESOLUTION NO. 6, SERIES OF 2010 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION °'°" APPROVING WITH CONDITIONS AN AMENDMENT TO THE CONDITIONAL USE TO INCREASE ALLOWABLE FLOOR AREA ONSITE, SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS, DIMENSIONAL VARIANCF,S, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 726 WEST FRANCIS, LOTS K, L, AND M, BLOCK 15, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-12-408-801. WHEREAS, the Community Development Department received an application from Crossroads Church of Aspen, requesting approval of an increase in allowed floor area From 4,774 square feet to 7,299 square feet through the Conditional Use process, to establish new off street parking requirements through Special Review, Dimensional Variances, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Crossroads Church of Aspen qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Crossroads Church of Aspen, serves an essential public purpose by serving the needs of the general public and Aspen community, and a'" therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-6 Medium Residential; and, WHEI~AS, the proposed land use requests do not intend to increase Church programs, employment, or membership; and, WHEREAS, publicly noticed site visit was held on Februazy 4, 2010, and; WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval with conditions, of the proposed land use requests; and, WHEREAS, during a duly noticed public heazing on February 16, 2010, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department and approved Resolution No. 6, Series of 2010, by a (5 - 0) vote, an increase in floor area from 4,774 square feet to 7,299 square feet through the Conditional Use process, established off-street parking requirements through Special Review, approved certain Dimensional Variances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility located on the property at 726 W. Francis, Lots K, L, and M, Block 15, City and Townsite of Aspen, CO; and, ~~ RECEPTION#: 567701, 03/16!2010 at 10:27:59 AM, 1 OF 9, R $46.00 Doc Code RESOLUTION P& Z Resolution 6, Series of 2010 Janice K. Vos Caudill, Pitkin County, CO Page 1 of 5 WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all 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, WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THERF,FORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Conditional Use Approval and Associated Reviews Pursuant to the procedures and standards set Forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves, with conditions, Conditional Use and associated reviews which grant the following: • An increase in allowable floor area from 4,744 to 7,299 square feet; and, • Special Review for Parking and the approval of four (4) off-street spots; and, • Dimensional Variance for Combined Side Yard and Minimum Side Yard setback; and, • Recommendation of approval for Growth Management for an Essential Public Facility Approvals are for the property located at Lots K, L, and M, Block 15, City and Townsite of Aspen, CO. The approved dimensional standards are indicated in the chart below under the heading, "Approved Development": Table 1: The following dimensional variances are approved solely for the site specific redevelopment. Existing Development Approved Development West side yard setback (feet) 5,5 5.5 Combined Side Yard (feet) 16.2 16.2 Site coverage 52% 51% Section 2: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. P& Z Resolution 6, Series of 2010 Page 2 of 5 Section 3: Eneineerin¢/Drainage a. Building permit submission 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. b. The applicant shall submit plans showing drainage conveyance, sidewalk, curb, and gutter which meet the City Engineer's standards and ADA requirements prior to issuance of a Building Permit. Such improvements shall also be made prior to a Certificate of Occupancy. The applicant must receive approval from the City Engineer (and any other applicable departments) for structural improvements in the public right-of-way, including the ADA access ramp along 7~h Street and the pavement work being completed along the Francis Street entrance. Section 4: 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 5: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On-site utility plans require approval by ACSD. c. Landscaping plans will require approval by ACSD where sofr and hazd landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitazy sewer system. The glycol storage areas must have approved containment facilities. f. Soil Nails arc not allowed in the public ROW above ASCD main sewer lines. Section b: Exterior LiEhtin¢ 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 7: Parks Department/Landscapin¢ a. Excavations adjacent to the drip zones will be required to vertical excavation only. Over digging is prohibited. Excavations will be soil stabilized in a manner that prevents over excavation of the site. All foundation walls located in protection zones shall have a one (1) sided pour. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. P& Z Resolution 6, Series of 2010 Page 3 of 5 b. Prior to the issuance of any demolition or building permits, a tree removal permit is required for drip line excavation and will need to be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Six (6") inches of mulch shall be placed and maintained within the zone of vegetation protection. e. Irrigation shall be provided to trees during the length of the project which is appropriate for proper tree health. The edge of root cuttings shall receive additional water and burlap coverings that should remain moist. f Access across or through the area of protection is prohibited at all times. Access along designated walkways is allowed. g. Roots two (2') inches or greater shall be professionally pruned with on-call tree service. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. h. Where right-of-way improvements are required adjacent to protection zones, plans shall be submitted prior to building permit submittal. These plans shall indicate the structural program and materials of the improvements. Sidewalk, curb, and gutter shall be implemented in a manner that does not threaten the health of the trees. Section 8: 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). The capacity of the water utilities shall be assessed to determine if there is adequate volume for fire suppression. Section 9: Emalovee Generation The number of employees generated is determined to be zero (0) for the approved Church expansion. The Planning and Zoning Commission recommends that the City Council establish criteria for an employee audit to take place no later than one (1) year afrer issuance of a Certificate of Occupancy to determine if new employees are a result of this project. Section 10: 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 "Coning 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. P& Z. Resolution 6, Series of 2010 Page 4 of 5 Section 11: 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 12: 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 sepazate, 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 16~' day of February, 2010. APPROVED AS TO FORM: James R. True, Special Counsel ATTEST: PLANNING AND ZONING COMMISS~~ Stan Gibbs, Chairman v ackie Lothian, Deputy City Clerk ATTACHMENTS: ExttieiT A -Architectural elevations EXHIBIT B-Site plan (showing setbacks) P& Z Resolution 6, Series of 20 ] 0 Page 5 of 5 "~ 0 N E A e r 4 J W 4- w v 6 H u O W sit. N J p-. .9 Z ~,. s• ~~+~-~`. £~t' .. ~~ "~ ~ ~ ~ ~ w I- u z a 0 0 w 0 a O a a h Z t ,rte w a 8 Y7 a 0 O O 2 O 4 a z f~ ~~ xj ~:~~~:. 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