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HomeMy WebLinkAboutresolution.apz.023-12 RESOLUTION N0. 23 (SERIES OF 2012) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING EMPLOYEE GENERATION FOR AN ESSENTIAL PUBLIC FACILITY AND RECOMMENDING THAT CITY COUNCIL APPROVE GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A- I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735-124-81-100 WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of a Growth Management Review to Determine Employee Generation, Subdivision and a Growth Management Review as an Essential Public Facility, to construct the Jewish Community Center, located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, the Community Development Department Director determined that the parsonage is accessory to the Jewish Community Center which is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the subject property is a designated landmark and is located within the Main Street Historic District; and, WHEREAS, the Aspen Planning and Zoning Commission adopted Resolution 24, Series of 2006 approving 9 parking spaces and an employee generation of 9.63 FTEs for the project including a sanctuary, preschool, administrative building, social hall, and the historic preservation of six historic 1940s era tourist cabins along the alley and Third Street; and, WHEREAS, the Aspen City Council adopted Ordinance 36, Series of 2006 approving Subdivision and Growth Management for an Essential Public Facility, including a mitigation rate of 44% for the 9.63 FTEs generated, for the project with a total of 19,665 square feet for a sanctuary, preschool, administrative building, social hall, and the historic preservation of six historic 1940s era tourist cabins along the alley and Third Street; and, WHEREAS, the Aspen Historic Preservation Commission adopted the following resolutions related to the design of the project: HPC Resolution 19, Series of 2006 (conceptual approval); HPC Resolution 5, Series of 2007 (final approval); HPC Resolution 40, Series of 2007 (substantial amendment); HPC Resolution 7, Series of P&Z Resolution# 23, Series of 2012 Page 1 of 3 2011 (substantial amendment); and HPC Resolution 20, Series of 2012 (conceptual approval for parsonage and parking); and, WHEREAS, Aspen Historic Preservation Commission Resolution 7, Series of 2011 reduced the size of the social hall and reduced the total floor area for the entire project to 17,100 square feet; and, WHEREAS, the Aspen City Council adopted Resolution 17, Series of 2010 extending the vested rights of the project to March 1, 2013; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director,the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds 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, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on December 18, 2012, at which time the Commission considered and found the application to meet the review standards, and gp rp oved a Growth Management Review to Determine Employee Generation, and recommended that City Council approve with conditions a Growth Management Review of an Essential Public Facility, by a vote of six to zero (6—0); and WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, a Growth Management Review to Determine Employee Generation, and recommends that City Council approve with conditions a Growth Management Review as an Essential Public Facility to amend the approved project located at 435 W. Main Street by replacing the 4,575 square feet social hall with an approximately 4,000 square feet parsonage. The total Floor Area for the Essential Public Facility is 16,525 square feet (12,525 square feet for Phase 1 including the sanctuary and six cabins, and 4,000 square feet for Phase 2 including the parsonage) P&Z Resolution# 23, Series of 2012 Page 2 of 3 Section 2: Affordable Housing The Planning and Zoning Commission hereby determines an additional Employee Generation of 0 FTEs for the amendment to the plan that replaces the social hall with a parsonage. An employee audit consistent with the recorded Subdivision Improvement Agreement for the project (Pitkin County Clerk and Recorder reception # 543901), Section 5,part d,remains valid. The employee generation of 9.63 FTEs determined by the Planning and Zoning Commission via Resolution 24, Series of 2006 for the original project remains valid. Section 3: The approvals set forth in City Council Ordinance 36, Series of 2006 and Planning and Zoning Commission Resolution 24, Series of 2006 remain valid unless specified herein. Section 4• 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 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 5• 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 6• 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 18th day of December, 2012. APPROVED AS TO FORM: PLANNING.AND ZONING r CGMMISSIN: 5 `_ Debbie Quinn,Assistant City Attorney LJ lErspamer, Chair ATTEST: w ackie Lothian,Deputy City Clerk P&Z Resolution# 23, Series of 2012 Page 3 of 3