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Home My WebLink Aboutresolution.apz.011-00 I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIII IIII IIII 44:1529 03/2:1/2000 10:31;I RESOLUT*r Ol:lVZ$ SZLV! 1 of' 3 R 15.0i~ D 0.00 N 0.00 PZTKZN COUNTY CO m soLwrio (SE~ES OF 2000) & so[vT oN ASPE COMMISSION ~CO~ING ~PROV~ OF T~ E~LO~ BOO~ELLE~ ~D BISTRO CONDITION~ USE TO E~D T~ BOOKSTO~ ~ ~STA~T USES ~D SPECIAL ~W TO ~C~ASE F~ TO 0.85:1, LOTS D ~ E, BLOCK 74, C~Y A~ TO,SITE OF ASPEN, PITON COUNTY, COLO~DO. W~E~AS, ~e Comm~ity Development Dep~em received ~ application (~e Project) ~om KaOline Thalberg, o~er of~e Explore Booksellers ~d Bis2o, represented by AI~ Ric~, located on Lots D ~d E, Block 74, CiW ~d To--site of Aspen. for condifion~ use approval to exp~d ~e bookstore ~d resta~t uses ~d for special review approv~ to incre~e the external floor ~ea ratio to 0.85:1, to enclose a deck on ~e second floor, located at 221 E~t M~n Street; ~d, ~E~AS, ~e Explore Booksellers ~d Bistro is located in ~e Office Zone District ~d Historic Prese~ation Overlay Zone Dis~ict, ~d the lot size ~s approx~ately 5,987 squ~e feet; ~d, W~E~AS, Ord~ce 61, Series of 1976, designated ~e Shoenberg residence, Lots D ~d E of Block 74, ofigin~ Aspen To.site, as ~ ~storic s~ct~e ~d site, ~d ~e bookstore was subsequently established on site; ~d, WHE~AS, p~su~t m Section 26.710.180(C)(1) of~e L~d Use Code, &e Office Zone Dis2ict allows bookstores ~d resta~ts ~ condifion~ uses in s~ct~es that have received hstofic l~dm~k designation; ~d, WHE~AS, Plying ~d Zoning Resolution 89-23 approved ~e Explore Booksellers ~d Bis~o Gro~h M~agement Quo~ System Exemption ~d Insubst~ti~ ~en~ent to ~e Condition~ Use for ~e resm~t use; ~d, ~E~AS, p~su~t to Section 26.425 of~e L~d Use Code, ~e Aspen Plmfing ~d Zoffing Comssion may approve ~ exp~sion of a condition~ use d~ng a d~y noticed public he~ing ~er considering comments from the gener~ public, a reco~endation from ~e Co~ity Development Director, ~d reco~endations ~om relev~t refe=al agencies; ~d, WHE~AS, the Historic Preservation Commission ~ approved a concepm~ pl~ for enclosing ~e second floor deck on the alley side of the e~sfing historic l~dm~k s~c~e, ~d will review a fin~ pl~ prior to ~e submission of building pe~its; ~d, WHE~AS, p~su~t to Section 26.430 of the L~d Use Code, the Aspen Pl~ng ~d Zo~ng Co~ission may approve dimension~ requirements for zone dis~icts, Section 26.710, d~ng a d~y noticed public he~ing, a~er considering co~ents from fl~e gener~ public, a recommendation &om the Co~iW Development Director, ~d mco~endations from relev~t refe~al agencies; ~d, ~E~AS, ~e Aspe~itkin Co~ty Housing Au~ofi~ ~d ~e Co--tory Development Dep~ent reviewed ~e Project ~d reco~ended approv~ ~ conditions; ~d, WHEREAS, during a duiy noticed public hearing on February 29, 2000, the Plauning and Zoning Commission recommended, by a four to zero (4-0)vote, approval ofthe Explore Booksellers and Bistro conditional use request to expand the bookstore and restaurant uses by 440 square feet and special review to increase the external floor area ratio to 0.85:1, with conditions contained herein; and, WItEREAS, the Aspen 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 at a public hearing; and, WltEREAS, 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, the Aspen Planning and Zoning Commission fmds 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 Title 26 of the Aspen Municipal Code, the Explore Booksellers and Bistro, consisting of an affordable housing unit addition to the existing lodge, is approved to expand the existing bookstore and restaurant conditional uses by a total combined 440 square feet an increase the Floor Area Ratio for the site to 0.85:1 subject to the conditions of approval described hereinafter. Conditions of Approval: 1. Unless otherwise herein amended, all prior conditions of approval contained in City Council Ordinance 61, 1976 and Plamfing and Zoning Resolution 89-23 remain in full force and effect. 2. The building permit application shall include: a. A copy of the recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit.set. 3. The building plans shall demonstrate a fire suppression system approved by the Aspen Fire Marshal and Chief Building Official. 4. Prior to issuance ora building permit: a. The primary contractor shall submit a letter to the Community Development Director staling that the conditions of approval have been read and understood. b. All affordable housing mitigation payments, rap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 5. No excavation or storage of dirt or material shall occur within tree driplines. 2 6. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Deparunent. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 8. The City ofAspen Land Use Code is amended to allow the Applicant to mitigate for affordable housing with a cash-in-lieu payment. 9. The Historic Preservation Commission approves the final plan, including making the determination that locating the affordable housing on site would not be compatible with the design, scale, massing, or volume of the historic landmark structure. Section 2:. 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 3: This Ordinance shall not effect 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 4: If any section, subsection, semence, clause, phrase, or portion of this Ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the Planning and Zoning Commission of the City of Aspen on the 29th day of February, 2000. APPROVED by the Commission at its regular meeting on February 29, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Robert Blaich, Chair ~, ATTEST: ~,~fckie Lothian, 'l~el[ut~ ~i't~ ~l'erk 3