HomeMy WebLinkAboutresolution.apz.016-10RECEPTION#: 572357, 08104!2010 at
11:31:14 AM,
1 of 7, R $41.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolution No. 16
(SERIES OF 2010)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW FOR 632
EAST HOPHINS AVENUE, CITY OF ASPEN, PITHIN COUNTY, COLORADO.
Parcel No. 273707332006
WHEREAS, the Community Development Department received an application
from Rudin West, LLC, represented by David Johnston Architects, pc, requesting
approval for Conceptual Commercial Design Review; and
WHEREAS, the Applicant's property is located within the Commercial (C-1)
Zone District, and legally described as: City and Townsite of Aspen, Block 98, Lot S and
east half of Lot R, commonly known as 533 E. Hopkins; and,
WHEREAS, upon review of the application, and the applicable Code standazds,
the Community Development Department recommended approval with conditions of the
land use requests; and,
WHEREAS, during a duly noticed public hearing on July 20, 2010, the Planning
and Zoning Commission reviewed the application upon recommendation from the
Community Development Department and approved Resolution No. 16, Series of 2010, by
a (4 - 0) vote, approving "Conceptual Commercial Design Review,"; and,
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 fmds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
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 Conceptual Commercial
Design Review, based on the following conditions.
Resolution No 16, Series 2010
Page 1 of 4
a) The trash, recycling and delivery area shall be designed so that adequate cleazance
is maintained between the service area and the parking stalls in the carport. It is
recommended that a sepazation fence or bollazds shall be installed to ensure that
normal use of the service azea does not impose a risk to the adjacent vehicles. If
adequate sepazation cannot be maintained, a reduction of one pazking space shall
be considered.
b) The final design of the Spring Street Public Amenity Space shall consider
permanent seating options that encourage public interaction (such as benches),
light landscaping, and a form of public art in the public right-of--way.
c) A detached sidewalk along Hopkins shall be considered and evaluated for Final
Commercial Design Review.
d) The improvements to the right-of--way provide a basis for reducing the open space
on the private property from 18% to 16% of the total lot azea.
e) The Applicant shall consider redesigning the Hopkins amenity space to make it
more inviting to the public.
f) The Applicant shall continue to work with Staff to better shield the Spring Street
amenity space from the residents to the east of the Properly.
g) The Applicant shall continue working on redesigning the top floor fapade so that
it is less imposing.
Section 2: Building Permit Aonlication
The building permit application shall include the following:
a. A copy of the final recorded approvals. This will include approvals for Growth
Management Quota System, Subdivision, Pazking, and Final Commercial Design
Review.
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), top of bank and stability of hillside plan, tree protection plan 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.
Resolution No 16, Series 2010
Page 2 of 4
f. 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: Eneineerine
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 4: Fire Miti¢ation
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 latest Code in effect should be used for the building permit submittal.
Section 5: 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 6: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office.
Section 7•
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 aze not inconsistent with this
approval.
Section 8•
The establishment of a vested property right shall not preclude the application of ordinances
or regulations which are 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. Tn this regazd, 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 9•
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
Resolution No 16, Series 2010
Page 3 of 4
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 10•
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 11•
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 20'~
day of July, 2010.
APPROVED AS TO FORM:
Jim True, Special Counsel
ATTEST:
l ~~ .
ckie Lothian; Deputy City Clerk
Attachments:
Exhibit A: Approved Conceptual Elevations
Exhibit B: Approved Conceptual Site Plan
PLANNING AND ZONING
COMMISSION:
Stan Gibbs, Chair
Resolution No 16, Series 2010
Page 4 of 4
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