HomeMy WebLinkAboutresolution.apz.009-2022RECEPTION#: 690476, R: $33.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 5, 09/27/2022 at 11:33:15 AM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #09
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A MINOR AMENDMENT TO A PLANNED DEVELOPMENT FOR
DETAILED REVIEW AND FINAL COMMERCIAL DESIGN REVIEW FOR THE
PROPERTY COMMONLY KNOWN AS 100 PUPPY SMITH STREET, LEGALLY
DESCRIBED AS ASPEN CENTER FOR ENVIRONMENTAL STUDIES SPECIALLY
PLANNED AREA FINAL DEVELOPMENT PLAN, ACCORDING TO THE PLAT
THEREOF RECORDED JANUARY 26, 2010 IN PLAT BOOK 93 AT PAGE 1 AND
ACCORDING TO THE FIRST ADDENDUM RECORDED JULY 89 2011 IN PLAT
BOOK 97 AT PAGE 31. COUNTY OF PITKIN, STATE OF COLORADO
Parcel ID: 2737-073-00-801
WHEREAS, the Community Development department received an application from Chris
Lane, CEO of the Aspen Center for Environmental Studies (ACES), requesting approval for a
Minor Amendment to a Planned Development for Detailed Review and Final Commercial Design
Review for the property located at 100 Puppy Smith Street; and,
WHEREAS, the Community Development department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards, the
Community Development Director recommended approval of the Minor Amendment to a Planned
Development for Detailed Review and Final Commercial Design Review; and,
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 May 17th, 2022; 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 finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare, and,
WHEREAS, the City of Aspen Planning and Zoning Commission approves Resolution #09,
Series of 2022, by a five to zero (5-0) vote, granting approval of the Minor Amendment to a
Planned Development for Detailed Review and Final Commercial Design Review as identified
herein.
P&Z Resolution #09, Series of 2022
Page 1 of 5
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1: Minor Amendment Project Review and Final Commercial Design Review:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, and
the Commercial, Lodging and Historic District Design Standards and Guidelines, the Planning and
Zoning Commission hereby approves the request for a Minor Amendment- Detailed Review and
Final Commercial Design review for the following:
• Construct a turnaround at the front of the property to improve vehicular, pedestrian and
bicycle movements; and,
• Expand the Bird of Prey and Visitor Center as represented in Ordinance No. 16, Series of
2021; and,
• Reconstruct the existing ramp structures surrounding the Visitor Center to accommodate
ADA access; and,
These approvals are subject to the following conditions of this Resolution:
1. The type and application of the materials associated with the expansion of the Bird of Prey
and Visitor Center Buildings shall be consistent with existing.
2. The project exceeds the 1,000 sq. ft. of disturbance threshold that triggers a major
Engineering review. The project shall provide a full civil plan stamped by a registered
engineer at the time of building permit. Runoff from all disturbed areas shall be treated for
water quality capture volume.
3. Details related to drainage, curb/gutter and sidewalk shall be finalized at the time of
building permit.
4. The French drain and level spreader shall be removed to the satisfaction of the Engineering
Department.
5. The project shall be permitted to sheetflow runoff from the turnaround to Jenny Adair
Wetlands without an installed BMP for WQCV treatment.
6. The south side of Puppy Smith Street shall be raised to the satisfaction of the Engineering
Department to improve drainage.
7. Upon coordination with the Engineering and Parks Departments, the proposed sidewalk
shall provide five feet of width where possible without tree conflict.
8. A floating sidewalk shall be provided within tree dripline areas.
9. The applicant shall airspade around tree roots and place six-inch sidewalk with no subbase
and number four rebar dowls within the sidewalk.
10. Upon coordination with the Parks Department, the applicant shall show the location of all
trees listed in the restoration plan along with planting details and an irrigation plan. If
automatic irrigation is not used, the applicant shall submit a watering plan to ensure that
trees are adequately established within the first three years.
11. The applicant shall apply for a tree removal permit with the Parks Department pursuant to
Municipal Code 13.20.020.
12. The applicant and the Parks Department may coordinate to complete a section of a fine
crusher trail that currently runs from ACES towards the Rio Grande trailhead.
P&Z Resolution #09, Series of 2022
Page 2 of 5
13. A sleeve shall be installed across Puppy Smith Road to the turnaround for irrigation piping
from the Electric Department.
14. A six-foot tall, lined fence shall be required at the limit of disturbance along the perimeter
of the concrete walk between ACES and Jenny Adair Park.
15. Disturbance within tree driplines shall require a mulch bed to limit impacts to root zones
of trees that will be retained.
16. The City of Aspen and ACES shall negotiate in good faith and shall execute a maintenance
and operation agreement regarding the operations of the Jenny Adair Wetlands no later
than September 1 st, 2022.
17. Pursuant to Land Use Code Section 26.445.090, Documents and Deadlines, a plan set shall
be submitted to the Community Development department within one hundred eighty (180)
days following the date of this approval. Community Development staff shall work with
the applicant to revise the details of these plans and get the relevant documents recorded.
The plan set shall include the following documents:
• A site plan. The plan shall depict parking space dimensions and lane width, the location
and dimensions of a trash enclosure, the dimensions of the turnaround including lane
width, sidewalk width and radius, the dimensions of the road expansion within ACES
property, and a clear delineation demonstrating no disturbance to the Jenny Adair
Wetlands. The plan set shall also clearly identify the size and use of all buildings and
relevant improvements onsite. Lastly, the plan shall depict an access easement on the
bus turn -around area, allowing for the use of the general public.
• An amended plat representing the revised details of the Planned Development,
including building names and dimensions. Staff shall work with the applicant to get the
plat recorded.
18. Pursuant to Ordinance No. 16, Series of 2021, the Visitor Center was approved for 815 sq.
ft. of additional Net Leasable Space and the Bird of Prey Building was approved for 51 sq.
ft. of additional Net Leasable Space, with no changes to existing building heights. For the
purposes of this project, minimal design changes of a technical nature may be approved at
building permit. Any subsequent changes impacting Floor Area or Net Leasable Area will
require Planned Development and/or Growth Management Review.
Section 2: 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.
Section 3: 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.
P&Z Resolution #09, Series of 2022
Page 3 of 5
Section 4: Severabilit_y
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.
Section 5: Vested Rights
The development approvals granted herein shall constitute a site -specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said vested
property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan
shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to
obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published
in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a
notice advising the general public of the approval of a site -specific development plan and creation
of a vested property right pursuant to this Title. Such notice shall be substantially in the following
form:
Notice is hereby given to the general public of the approval of a site -specific development plan,
and the creation of a vested property right, valid for a period of three (3) years, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining
to the following described property: 100 Puppy Smith Street.
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 are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution
and the Aspen Home Rule Charter.
P&Z Resolution #09, Series of 2022
Page 4 of 5
APPROVED by the Commission at its meeting on May 17, 2022.
APPROVED AS TO FORM:
Katharine Johnson, istant City Attorney
ATTEST:
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Cindy Idlob, Records Manager
PLANNING AND ZONING
COMMISSION:
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MAW
eraissa Mc overn, Chair
P&Z Resolution #09, Series of 2022
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