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HomeMy WebLinkAboutresolution.apz.005-01 RESOLUTION N0~ 5 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO CITY CoUNcIL OF THE ISELIN PARK CONSOLIDATED CONCEPTU~AL PL~O ~t DEVELOPMENT AND sPECIALLY pLaNNED ~X ~ ~,PPR~G CONDITIONAL USE FOR A RECREATIONAL STRuCTIYRE, ACCEsSORy SPORT SHOP AND RESTAU~ IN T~ p~ ZoNE Di~STRICT, CITY OF ASPEN, PITmN COtr TY, Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from the City of Aspen, prepared by Otak Rock Creek Studio, dated December 4, 2000, and plan set dated November 15, 2000, for a Consolidated Conceptual/Final Planned Unit Development (PUD) approval for swimming pools, ice rink, recreational fields, 120 car parking lot and youth center facility including appurtenant uses; for a Specially Planned Area (SPA) approval for a deed restricted affordable housing unit; and for Conditional Use approval for a +/-80,000 sq. ft. recreational structure, accessory sport shop and snack bar/restaurant uses; for a property located on the west side of Maroon Creek Road within the City of Aspen; and, WHEREAS, the subject property is approximately 19.35 acres in size, and is l°Cated inthe Park Zone DistriCt; and WHEREAS, the subject property is designated as "Aspen City Park" on the Future Land Use Map of the 2000 Aspen Area Community Plan, identifying the land as appropriate for community and recreation uses; and WHEREAS, pursuant to Sections 26.440 (SPA) and 26.445 (PUD), the City Council may approve a Specially Planned Area and Planned Unit Development, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation frOm the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.425.040 the planning and Zoning Commission may approve of a Conditional Use for the use of property during a duly noticed public hearing after considering a recommendation from the Community Development Director, comments from the general public, and ]recommendations from relevant referral agencies: and WHEREAS, the Community Development Deputy Director recommended approval of the Planned Unit Development, Conditional Use for a recreational structure, sport shop and snack bar in the Park Zone District and Specially Planned Area accessory for an affordable housing unit in the Park Zone District; and, WHEREAS, pursuant to Section 26.470.070(J), the City Council may approve a GMQS Exemption for essential public facilities and affordable housing after considering a recommendation from the Growth Management Commissxon at a public hearing (scheduled for February 20, 2001) and the AspenfPitkin County Housing Board; and, WHEREAS, during a duly noticed public hearing on September 6, 2000, the Aspen/Pitkin County Housing Board recommended approval to Council of the GMQS Exemption for lselin Park as an essential public facility and affordable housing and recommended employee mitigation for 19.3 FTE's for the project with one on-site unit satisfying 2.25 PTEs with all other mitigation utilizing credits at the Water Place Housing Project; and, WHEREAS, the AsperffPitkin County Housing Authority recommended approval finding that the affordable housing mitigation requirements were met; 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 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 conducted a duly noticed public hearing on January 2, 2001, January 30, 2001 and February 6, 2001 where the Planning and Zoning Commission opened a public hearing and ~Iook testimony; and, WHEREAS, the Aspen Planning and Zoning Commitssion finds that the development proposal meets or exceeds all applicable development standards of the PUD, SPA and Conditional Use provisions of the Land Use Code 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 finds 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 The Conditional Use for the recreational building, accessory sport shop and snack bar/restaurant use is approved with the following conditions: I. That the internal and external lights associated with the structure and site improvements, other than those needed for security, safety, parking and maintenance be utilized only in conjunction with the hours of operation of the Iselin Park facility. 2 2, That the accessory sport shop and snack bar/restaurant use be operated for the purposes of serving the customers of the Iselin Park facility. The restaurant shall not be used for off-premise catering services or advertised in order to attract the general public (non- users of the Iselin Park facility). Section 2 The Iselin Park Planned Unit Development and Specially Planned Area as put forth in the Iselin Park Consolidated Conceptual/Final PUD/SPA application dated December 4, 2000, and associated plan set dated November 15, 2000, are hereby recommended for approval to the City Council subject to the conditions of approval listed hereinafter. 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 improvemems and parking spaces within City rights-of-way, and location of utility pedestals. b. The dimensional requirements for the PUD and SPA shall be noted as follows: Minimum Lot Size: 15 acres Minimum Lot Area per dwelling unit: 15 acres Minimum Lot Width: 250 feet Minimum Front Yard: 30 feet Minimum Side Yard: 25 feet Minimum Rear Yard: 500 feet Maximum Height: 60 feet Percent of Open Space: 50 percent External Floor Area Ratio: 0.25:1 Internal Floor Area Ratio: N/A Off Street Parking: Recreational Uses: 1 space per 1,000 sq. feet Off Street Parking: Residential Uses: 1 space per bedroom c. A drawing representing the project's architectural character. d. An illustrative site plan of the project showing the proposed improvements, lmtdscaping, parking, trails and the dimensional requirements as approved. 3. That the Applicant prepares a parking mitigation plan for review and approval by the City's Parking Department for the construction period. 4. That the Events/Parking Coordinator of the Parks and Recreation Department notifies the City Parking Department prior to special events for increasecl patrolling of Glen Eagle Drive, Glen Gary Drive, and Maroon Creek Road for parking. 5. That the Applicant prepares an emergency access plan for review and approval by the Aspen Fire Marshal prior to the issuance of a building permit for the facility and. 6. That the Applicant prepares a special events seating plan which meets with the approval of the Aspen Fire Marshal and the Chief Building Official for compliance with escape route and Uniform Building Code occupancy provisions. Such seating plan shall be abided by for all major events and provided to facility operations staff, event organizers and promoters. 7. That the Applicant files a final drainage plan that meets with the approval of the City Engineer prior to the issuance of a building permit. The drainage plan, shall include an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa 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. 8. That the Parks and Recreation Department utilize best construction practices to ensure protection of the existing vegetation and other landscape features on the site. 9. That the Applicant implements a combination of incentives and disincentives to ensure that traffic will not significantly increase, and that traffic will be limited to parking available at the Iselin facility and parking areas noted within the application. 10. That the Applicant submits an audit of employees of the facility to determine whether additional mitigation is necessary. Such audit shall be conducted two years after certificate of occupancy, the cost of which shall be borne by the applicant 11. That a formalized operational agreemem regarding event scheduling and parking lot usage between the Aspen School District, City of Aspen Parks and Recreation Department and the Aspen Ballet be provided prior to building permit issuance. 12. That a formalized agreement regarding parking enforcement between the City of Aspen and Pitkin County be put in place prior to certificate of occupancy. 13. That the applicants strive to implement the parking and transportation management strategies as outlined in the Charlier Report Summary dated February 6, 2001. 14. That the Applicant provides a final detailed lighting plan for review and approval by the Community Development Director to ensure proper lighting levels and conformance with the technical components of the City's lighting code. 15. That the City's Transportation Manager reviews and approves the final PUD Plan to evaluate RFTA service to the site and the final site plan details to ensure efficient, safe and convenient service. 16. That some type of temporary Maroon Creek Road crossing imp:rovement be provided, such as a raised and/or painted ~rossing walk and/or a temporary pedestrian-activated crossing light. Such crossing would be necessary if the pedestrian bridge is not constructed at the time of certificate of occupancy of the Iselin ]?ark facility 17. That the Applicant provides for and schedules an on-site revie~q by Community Development and Parks and Recreation Staff, including the City's landscape architects, to ensure that the Maroon Creek Road berm will serve the function of dissuading "shortcutting" by pedestrians from the school campus to the Iselin facility. The applicants shall notify the Community Development Director once the berm is in preliminary form (but prior to landscape installation). 18. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorderl 19. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A parking mitigation plan (approved by the Parking Dept.) and construction traffic management plan (approved by the Engineering Dept.)for activity during construction time. e. 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. 20. The building permit plans shall demonstrate an adequate fire sprinkler system and alarm system for the recreational building in accordance with Aspen Fire District requirements. 21. That building permit plans shall demonstrate a minimum of a 10 (ten) foot distance on the lap pool deck between the starting block locations and the mechanical room wall to ensure adequate space for competition operations. 22. That the lap pool and pool areas meet the CHASA regulations :for competitive high school swimming meets. 23. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. 24. All tap 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. 25. 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 Streets of the appropriate jurisdiction. 5 26. The applicant shall abide by all noise ordinances. Construction ,activity is limited to the hours between 7 a.m. and 7 p.m. 27. The applicant shall not track mud onto City or County streets during construction. A washed rock or other style mud rack must be installed during construction. 28. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 29. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 30. A fugitive dust control permit will be required during construction. 31. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. Section 4: The Plann'mg and Zoning Commission recommends to Council that, in conjunction with new bus service associated with the Aspen Highland Village PUD mitigation requirements, that a bus service be dedicated to serve Maroon Creek Road. Section 5: Ali material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, in public hearing or documentation presented before the Planning and Zoning Commission 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 6: This Resolution 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 7: 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 by a vote of 4 (four) to 1 (one) at its regular meeting on February 6, 2001. I IIIlll Illll I115 IIllll Ill mil Illll 451T40 02/22/2~0! 1't:49;1 RESOLUTI' Oplvl*S $rLV! ~ 6 ef ? R 35.00 O 0.00 N 0.~0 PITKTN COUNTY CO 6 APPROVED AS TO FORM: PLUG AND ZONING COMMISSION: ATTEST: . C:home:j oyce:IselinPZRes05_01 I IIIIII IIIII IIIIII IIIIII III mil IIIII III IIIII IIII IIII 451740 02/22/2001 11:49R RESOLUT! DRVTS $ILV! 7 o¢ 7 R 35.00 D 0.00 N 0.00 p'rTK!N COUNTY CO 7