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Home My WebLink Aboutresolution.apz.011-2013 RECEPTION#: 599059, 04/29/2013 at 10:34:31 AM, 1 OF 6, R $36.00 Doc Code RESOLUTION Resolution No. 11, Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW FOR NEW COMMERCIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 204 S. GALENA STREET, LOTS A, B, AND C, BLOCK 94, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID:2737-07-3-40-001 WHEREAS, the Community Development Department received an application from 204 s. Galena, LLC, represented by Haas Land Planning, LLC and Charles Cunniffe Architects requesting approval for Growth Management review for Expansion or New Commercial Development to construct a two-story commercial building; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Growth Management review for Expansion or New Commercial Development; and, WHEREAS, the property is located at 204 S. Galena Street and is zoned Commercial Core (CC) with an Historic District Overlay; and, WHEREAS, the Applicant received Final Major Development and Commercial Design Review approval from the Historic Preservation Commission on December 12, 2012 by Resolution #34, Series of 2012; and, WHEREAS, the Applicant received Amendment to Final Major Development and Commercial Design Review approval from the Historic Preservation Commission on February 13, 2013 by Resolution 43, Series of 2013 for an increase in floor area on the second floor and basement; and, WHEREAS, during a duly noticed public hearing on April 16, 2013, the Planning and Zoning Commission approved Resolution No. 11, Series of 2013, by a 6 to 0 vote, approving Growth Management review for Expansion or New Commercial Development; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal 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; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the 204 S. Galena Street Resolution No 11, Series 2013 Page ] of 5 development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; 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 PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management review for Expansion or New Commercial Development, permitting an increase of net leasable commercial space, for basement and upper floors, not to exceed 6,200 square feet, subject to the following conditions. Section 2: Engineering The Applicant's design 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, The Applicant design shall also be compliant with the Urban Runoff Management Plan. The construction management plan submitted as part of building permit shall address parking, staging, encroachments and construction traffic. The Applicant shall work with the Engineering Department and the Parks Department to ensure that any proposed right- of-way improvements, including sidewalks and landscaping, meet all applicable standards. Section 3: Affordable Housing The additional 6,200 square feet of new net leasable commercial space requires mitigation for 3.14 FTE from the upper floor and 8.3 FTE from the basement at the Category 4 level. The second level is approved to be mitigated with Certificates of Affordable Housing Credits. The applicant may mitigate at a lower Category level by converting the category designation of the credit pursuant to the Land Use Code. The actual form and amount of mitigation for the basement will be determined at the time of building permit review for converting the space to net leasable. Final net leasable numbers shall be verified at building permit review. Certificates of Affordable Housing Credit or the provision of affordable housing units in the form of actual newly built or buy- down units, acceptable to APCHA, shall be provided prior to issuance of a building permit. Section 4: 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). 204 S. Galena Street Resolution No 11, Series 2013 Page 2 of 5 Section 5: Utilities 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 6: Sanitation District Requirements 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 clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and grease interceptors are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter traps at a later date. Elevator shaft drains must flow thru oil and sand interceptor. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected needed. over time from all development in the area of concern in order to fund the improvements 204 S. Galena Street Resolution No 11, Series 2013 Page 3 of 5 Any glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public right-of-way above ASCD main sewer lines and within 3 feet vertically below the ACSD main sewer lines, which are located in Galena St. and the alley to the south. Section 7: Environmental Health The trash/recycling area was amended to accommodate the increase in net leasable area per Environmental Health requirements. The trash/recycling area must operate according to the Environmental Health approved space, as shown in-Exhibit I. Any change in the operation of this space requires new approval from Environmental Health. Section 8: Exterior Li_'ghting 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 9: Parks The applicant will be required to receive an approved tree removal permit per Municipal Code Chapter 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the building Mitigation for removals will be paid cash-in-lieu or on site per Municipal Code Chapter 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Landscaping in the public right-of-way will be subject to the requirements of Municipal Code Chapter 21.20. There shall be no plantings within the City right-of-way which are not approved by the City Parks Department and the Engineering Department. The applicant should plant a tree species recommended in the City of Aspen Arbor guide. Parks will work with the applicant on the final approved tree species. Irrigation will be required with a specific planting medium appropriate for tree growth. Planting specifications and details need to be approved by the City of Aspen Parks Department and City Engineering. The City of Aspen is requiring that the improvements to the right-of-way include the use of Silva Cell Technology and pavers placed within the planting zone, the area 5 feet off back of curb. Section 10: ParkinLy Historic Preservation Commission approval required mitigation for 7 parking spaces on- site that are not being replaced. The additional 6,200 square feet requested generates 6.2 additional parking spaces, requiring mitigation for up to a total of 13.2 spaces. A cash-in- lieu payment will be assessed for actual mitigation require submission and shall be paid at building permit issuance. d at the time of building permit Section 11: Impact Fees 204 S. Galena Street Resolution No 11, Series 2013 Page 4 of 5 The applicant shall pay all impact fees assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: 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 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of April, 2013. APPROVED AS TO FORM: PLAN G AND ZONING C I ON: Deb Quinn,Assistant City Attorney ( LJ Erspamer, Chair ATTEST: ckie Lothian,Deputy City Clerk 204 S. 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