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Home My WebLink Aboutresolution.apz.019-12 RECEPTION#: 594172, 11/26/2012 at 09:37:16 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION NO. 19 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONCEPTUAL COMMERCIAL DESIGN FOR VICTORIAN SQUARE CONDOMINIUMS, COMMONLY DESCRIBED AS 601 E. HYMAN AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-182-250-31, 2737-182-250-28, 2737-182-250-30, 2737-182-258-01, 2737-182-250-27, 2737-182-250-32, 2737-182-250-33, 2737-182-250-29 WHEREAS, the Community Development Department received an application from the Victorian Square, LLC (Applicant), represented by Stan Clauson of Stan Clauson Associates, Inc., requesting the Planning and Zoning Commission recommend approval of a Conceptual Commercial Design for Mixed Use development at Victorian Square; and, WHEREAS, pursuant to Chapter 26.412 of the Land Use Code, commercial design review approval may be granted by the Planning and Zoning Commission at a duly noticed public hearing; and, WHEREAS, during a regular meeting on June 19, 2012, and a continued public hearing on July 3rd, 2012, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and recommended approval of the conceptual commercial design with conditions; and, WHEREAS, upon call-up review of the project by City Council, during a regular public hearing on August 27, 2012, City Council chose to remand the project back to the Planning and Zoning Commission with direction to re-examine the amount of public amenity space found on- site; WHEREAS, at their regular meeting on October 16, 2012, during a duly noticed public hearing, the Commission considered City Council's request to re-examine and memorialize the amount of public amenity space found on the subject parcel, and found that the development review standards for Conceptual Commercial Design Review have been met, as long as certain conditions are implemented, by a vote of three to one (3-1); NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approve the Conceptual Commercial Design Review, pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, for the Victorian Square building, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: 1. The Final Commercial Design Review application shall reflect and demonstrate compliance with the findings of the Commission. 2. The Final Commercial Design Review application shall include: Page I of 4 a. An application for Final Commercial Design Review and the proposed development is further subject to Final Commercial Design Review, GMQS Allotment, and Subdivision. A pre-application conference with a member of the Community Development Department is required prior to submitting an application. b. Delineation of all dimensional provisions of the development. c. A proposed subdivision plat. 3. Approval of the Conceptual Commercial Design does not preclude meeting other requirements of the Municipal Code, such as Engineering and Parks standards. Drawings illustrating the Conceptual Commercial Design Review are attached as exhibits to this Resolution. Section 2: Public Amenity Space The approved public amenity space shall comprise a total of no less than 562.50 sf (12.5%) of the total parcel, with the cantilevered upper floors on the Hyman Ave fayade extending to no more than 3' beyond the first floor of the building. The public amenity will be in the form of an enhanced public walkway that will wrap around Hyman Ave. to Hunter St. This space will include the addition of street trees and other landscaping, as well as bench seating. Section 3: Building The final design shall meet adopted building codes and requirements if and when a building permit is submitted. Section 4: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, Title 28 and all construction and excavation standards published by the Engineering Department. A construction management plan must be submitted in conjunction with the building permit application. A completed drainage report/plan as outlined in the Urban Runoff Management Plan shall be submitted and approved prior to Building Permit issuance. This major project is subject to the fee in lieu requirement of Section 2.12.140 of the Aspen Municipal Code. Section 5: Parks Landscaping in the public right-of-way will be subject to landscaping in the right-of-way requirement, Chapter 21.20, of the Municipal Code. There shall be no plantings within the City right-of-way which are not approved by the City Parks and Engineering departments. Per Municipal Code 13.20, an approved tree permit will be required prior to any tree removal or development within the drip line of the tree. All tree permits must be approved prior to approval of building permits. Parks will approve the final landscape plan during the review of the tree removal permit based on landscape estimates. Section 6: 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). Page 2 of 4 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 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 regard 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. Section 10: Engineering 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 Before the Applicant is issued a Building Permit, the Applicant shall pay a fee-in-lieu of land dedication pursuant to Chapter 26.620, School Lands Dedication. The amount of the fee shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the applicant submits a Building Permit. Section 12: Impact Fees Before the Applicant is issued a Building Permit, the Applicant shall pay a Parks Development fee and a TDM/Air Quality fee pursuant to Chapter 26.610, Impact Fees. The amount of the fees shall be calculated by the Community Development Department using the calculation method and fee schedule in effect at the time the Applicant submits a Building Permit. 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. Page 3 of 4 APPROVED by the Planning and Zoning Commission at its regular meeting on October 16, 2012. LJ Erspamer, Chairman APPROVED AS TO FORM: - - - - Deb Quinn, Assistant City Attorney ATTEST: ckie Lot ii ,Deputy City Clerk Page 4 of 4