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Home My WebLink Aboutresolution.apz.040-99RESOLUTION NO. 40 (SERIES OF 1999) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND zoNING COMMISSION RECOMMENDING APPROVAL OF THE MOLLY GIBSON LODGE MINOR PLANNED UNIT DEVELOPMENT, LOTS O, P AND Q, BLOCK 59, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application (the Project) from Aspen's Molly Gibson Lodge, LLC, owner of the Molly Gibson Lodge, represented by Francis X. Krizmanich, located on Lots O, P and Q, Block 59, City and Townsite of Aspen, for a Minor Planned Unit Development (PUD) to construct an attached employee dwelling unit to the northwest corner of the Molly Gibson Lodge building located at 120 West Hopkins Avenue; and, WHEREAS, the Molly Gibson Lodge is located in the Office Zone District, Medium Density Residential Zone District (R-6), and Lodge Preservation Overlay (R6- LP) Zone District; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional requirements of properties located in the Lodge Preservation (LP) Overlay Zone District may be established through the PUD review process; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council may approve a Plarmed Unit Development during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made ar a duly noticed public hearing, comments from the genera] public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, CiTy Parks Department, the Aspen/Pitkin County Building Deparrmem, the Aspen/Pitkin CounTy Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on December 7, 1999, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, approval of the Molly Gibson Lodge Minor Planned Unit Developmem, with conditions contained herein; and, WHEREAS, 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 Planning and Zoning Commission, 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 developmem proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, I IllUl IlUl IllUl IIIII lUl IIIII IIIIIII III IIIII Ull IIII 448399 82/11/2988 12:81P RESOLUTI DRVIS I 0¢ 4 R 28.80 D 8.88 N 8.88 PITKZN COUNTY CO WltEREAS, the Aspen Planning and Zoning Commission f'mds 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 Molly Gibson Lodge Planned Unit Development, consisting of an affordable housing unit addition to the existing lodge, is approved subject to the conditions of approval described hereinafter. Conditions of Approval: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, location of utility pedestals, and a note stating that a witness comer will be installed on the north east comer of the property after completion of construction. b. An illustrative site plan of the project showing the proposed improvemems, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project' s architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Depanmem. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval, for both the lodge expansion and the Minor PUD, printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. I IIIIII IIIII IIIIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 440390 02/11/2000 12:01P RESOLUTZ DI:IVI'$ SZLVZ 2 of 4 R 20.00 D 0.00 N 0.00 PZTK'rN COUNTY CO d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 5. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the new portion of the structure. 6. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom. 7. At least one bathroom shall be provided for shared use by no more than four persons. 8. A kitchen facili .ty or access to a common kitchen shall be provided. 9. The maximum rental rate should not exceed $350 per person for this unit. 10. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stat'mg that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. [fan alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the al~eement. 11. No excavation or storage of dirt or material shall occur within tree driplines. 12. All conslraction 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 Department. 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. 13. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 14. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee unit, a member of the Aspen/Pitkin County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. 15. Before issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 16. That the applicant shall explore the addition ora powder room (sink and toilet) on the second floor prior to City Council's final consideration of the ordinance. I IIIIII IIIII IIIIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 445395 52/1112555 12:01P I~ESOLUT! DI:IV!S 3 of' 4 R 29.55 D 5.89 N 9.58 PZTKIN COUNTY CO 17. That safety egress windows and a ladder escape mechanism be shown on the building permit plans. Such safety features shall meet with the approval of the Chief Building Official. 18. That a deed restriction which meets with the Housing Authority approval be filed in the records of the County Clerk and Recorder prior to the building permit. 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 Plamfing and Zoning Commission or City Council, are hereby ~ncorporated in such plan developmem 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, sentence, 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 PUBLISItED as provided by law, by the Planning and Zoning Commission of the City of Aspen on the 7th day of December, 1999. APPROVED by the Commission at its regular meeting on December 7, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Robert Blalch, Chair ATTEST: , Deputy City Clerk I IIIIII IIIII IIIIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 440390 02/11/2000 12:01P RESOLUT! DRVI$ $ILV! 4 of 4 R 28.00 D 8.80 N 8.08 P!TK!N COUNTY CO