HomeMy WebLinkAboutresolution.apz.001-2024RESOLUTION #01
(SERIES OF 2024)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL OF A MAJOR PUBLIC PROJECT REVIEW, A
PLANNED DEVELOPMENT — PROJECT REVIEW AND DETAILED REVIEW, USE
VARIATION, GROWTH MANAGEMENT REVIEW, COMMERCIAL DESIGN
REVIEW, PARKING & TRANSPORTATION REVIEW, SUBDIVISION/BOUNDARY
ADJUSTMENT, AND REZONING FOR LOTS 39 49 AND PARK C, PHASE II,
BURLINGAME RANCH AFFORDABLE HOUSING FILING NO. 1 FINAL
SUBDIVISION PLAT — SECOND AMENDMENT, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 9, 2013 IN PLAT BOOK 102 AT PAGE 69, COUNTY
OF PITKIN, STATE OF COLORADO.
Parcel ID: 2735-023-18-006; 2735-023-18-007; 2735-023-18-803
WHEREAS, the Community Development Department received an application from the City
of Aspen, 427 Rio Grande Pl. Aspen, CO 81611 c/o Sara Ott, City Manager (Applicant), requesting
approval for the following land use review approvals:
• Major Public Project Review pursuant to Land Use Code Section 26.500; and
• Planned Development — Project Review and Detailed Review pursuant to Land Use
Code Section 26.445; and,
• Use Variation Standards pursuant to Land Use Code Section 26.445.060; and,
• Growth Management Review pursuant to Land Use Code Section 26.470; and,
• Commercial Design Review pursuant to Land Use Code Section 26.412; and,
• Transportation & Parking Management pursuant to Land Use Code Section 26.515;
and,
• Subdivision/Boundary Adjustment pursuant to Land Use Code Section 26.480; and,
• Rezoning pursuant to Land Use Code Section 26.310.
WHEREAS, the application for development proposes:
• A childcare facility and associated improvements.
WHEREAS, the proposed development has been informed by months of public outreach and
feedback from community outreach sessions, surveys, and City Council work sessions.
WHEREAS, the Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, the Development Review Committee, consisting of the Aspen Consolidated
Sanitation District, City Engineering, the Building Department, the Environmental Health
Department, the Parks Department, the Aspen/Pitkin County Housing Authority, and the Utilities
Department provided referral comments to the Community Development Department; and,
P&Z Resolution #01, Series of 2024
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RECEPTION#: 702021, R: $33.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 5, 04/25/2024 at 02:20:60 PM
Ingrid K. Grueter, Pitkin County, CO
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as identified
herein, reviewed, and considered the recommendation of the Community Development Director
and took and considered public comment at a duly noticed public hearing on April 2, 2024; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development
proposal meets the applicable review criteria, and that approval of the request is consistent with
the goals and objectives of the Land Use Code; and,
WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #01,
Series of 2024, by a six to one (6-1) vote, recommending approval of the request for Major Public
Project Review, Planned Development- Project Review and Detailed Review, Use Variation
Standards, Growth Management Review, Commercial Design Review, Transportation and Parking
Management, Subdivision/Boundary Adjustment, and Rezoning.
NOW, THE CITY OF ASPEN PLANNING AND ZONING COMMISSION HEREBY
RECOMMENDS TO ASPEN CITY COUNCIL APPROVAL OF THE PROJECT KNOWN
AS THE BURLINGAME EARLY CHILDHOOD EDUCATION CENTER SUBJECT TO
THE FOLLOWING REVIEWS AND CONDITIONS:
Section 1: Lot Line Adjustment:
The Commission recommends approval on the lot line adjustment resulting in the following gross
square footages for Lots 3, 4, and Park C:
Lots
Proposed Gross Lot
Area
Lot 3
3,920 s . ft.
Lot 4
3,485 s . ft.
Lot Park C
39,122 s . ft.
Section 2: Rezoning:
Due to the lot line adjustment, the areas that were exchanged between Lots 3, 4, and Park C will
need to be rezoned. The area absorbed by Lots 3 and 4 shall be rezoned to All and the area
absorbed by Lot Park C shall be rezoned to PUB.
P&Z Resolution #01, Series of 2024
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Section 3: Planned Development Dimensional Standards:
The Commission recommends approval to develop the Burlingame ECE based upon the
following dimensional standards:
Gross Site Area
39,122 s . ft.
Gross Floor Area
15,263 s . ft.
Maximum Height
3 9.5 feet
Setbacks
As shown on Plat
Maximum of 41
Parking
parking spaces
73 Trips to be
TIT
mitigated
15.6 (24 FTEs
FTEs
miti ated at 65%
Section 4: Final PUD Plans and Subdivision Plats:
Pursuant to Land Use Code Section 26.445.090, Documents & Deadlines, the Applicant shall
prepare and submit an amendment to the Burlingame Subdivision/PD agreement, amended Plat,
and PD Plan Set to the Community Development Department. Within one hundred eighty (180)
days following the date of final approval. Community Development staff shall collaborate with
the Applicant to finalize and record documents as applicable. Building permits may be applied for,
but not issued prior to recording the documents described herein.
Section 5: ASDen Pitkin Countv HousinLy Authoritv Conditions of Annroval:
1. A baseline of 24 FTE's will be used to establish the required mitigation.
2. An employee audit will be conducted five years after Certificate of Occupancy (CO) is
received on the new building. The audit shall include all employees, full and part-time,
working out of the building. The hours will be added and then divided by 2,080 to get the
FTE count. If the audits show additional employees above the baseline, additional
mitigation shall be required. Mitigation can be satisfied by utilizing existing deed restricted
units provided by the City (new or as buy -downs).
Section 6: Parks Department Conditions of Approval:
1. Applicant and Parks & Open Space staff shall coordinate with AVLT for review and
potential revisions of the slope maintenance and grading easement and/or the conservation
easement caused by the proposed trail re -alignment on Burlingame Lot IA.
2. Applicant shall document the absence of a water re -use line, backup system with portable
water, ponds, pumps, and valves for irrigation supply prior to building permit.
3. Irrigation Water Source Design shall be coordinated with the Utility Department and Parks
Department for feasibility to supply all irrigation water required for this project prior to
building permit.
P&Z Resolution #01, Series of 2024
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4. All necessary improvements to irrigation water supply are to be at the sole cost of the
applicant.
5. The Final Subdivision Plat shall grant a 4-foot-wide pedestrian easement to the public for
proposed trails on Burlingame Lot IA.
6. The Final Subdivision Plat shall reference, and the applicant shall obtain, access and
development easements for any impacts on non -city owned parcels for certain proposed
trails and trail segments.
Section 7: Engineering Department Conditions of Approval:
1. Proposed easements associated with the childcare facility must be finalized prior to
building permit Certificate of Occupancy (CO). Ideally these easements are finalized prior
to building permit issuance or mid -way through construction and not left until the end of
the project.
2. Final improvements to mitigate trips generated by the project will be approved by the
Engineering and Transportation Departments prior to submission of a building permit
application. As a building permit application submission may not be imminent, the design
team will collaborate with the departments to explore mitigation techniques available in
the future inclusive of changes to the parking lot, adjacent property and areas within the
walking shed of the site. Physical and/or service improvements are the preferred method
of mitigation with fee -in -lieu permitted for any remaining unmitigated trips.
3. As the early childhood education center is proposed to be located within a residential
subdivision, it is reasonable that some trips will originate and terminate within the
neighborhood. The TIA recommends a trip reduction of 20 trips due to the center's location
and this reduction may be permitted in the future by city staff if changes to the TIA
Guidelines address trip reduction or if permitted by City Council prior to building permit
application.
4. An updated soils report, compliant with the requirements outlined in the Engineering
Standards, will be required for building permit submittal. Note that the design may need to
change in accordance with the findings of the new report.
Section 8: Vested Rights:
Five years of vested rights is recommended for this project by the Planning and Zoning
Commission as timely completion of this project will support a current community goal.
Section 9: Material Representations
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, are hereby incorporated in such site development
approvals and the same shall be complied with as if fully set forth herein, unless amended by an
authorized entity.
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Section 10: Existing Litigation
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: Severability
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 Commission at its meeting on April 2, 2024.
APPROVED AS TO FORM:
Katharine Johns , ssistant City Attorney
ATTEST:
racy erry, Deputy Cl
PLANNING AND ZONING
COMMISSION:
eraissa Mc overn, Chair
P&Z Resolution #01, Series of 2024
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