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HomeMy WebLinkAboutresolution.apz.012-03 RESOLUTION NO. 12 ~SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNII~G AND ZONING COMMISSION APPROVING A PUD AMENDMENT TO THE CENTENNIAL PUD TO ALLOW FOR A REMODEL OF THE EXISTING OFFICE AND THE CREATION OF A MODEL UNIT IN BUILDING H, OF THE CENTENNIAL RENTAL HOUSING UNITS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-074-2 7- 701 WHEREAS, the Community Development Department received an application from Centennial Aspen II Limited Partnership, represented by Kim Raymond Architects, requesting approval of a PUD amendment to the Centennial PUD to move and expand the existing administration office in Building H to the tower level of the building and to create a model unit; and, WHEREAS, the Community Development Department is not requiring an approval of a GMQS exemption or allotment for the model unit because it is not to be inhabited; and thus. it is not a new residential unit; and, WHEREAS, upon review of the application and the applicable code standards, the Conununity Development Departmem recommended approval of the proposed PUD amendment with conditions; and. WHEREAS, during a duly noticed public hearing on April 15. 2003, the Planning and Zoning Commission opened and continued the public hearing to May 6. 2003: and, WHEREAS. during a duly noticed public heating on May 6, 2003, the Planning and Zoning Commission opened and continued the public heating to May 20, 2003; and, WHEREAS, during a duly noticed public heating on May 20th, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved this resolution, by a four - zero (4 - 0) vote; approving the proposed amendment with the conditions of approval contained herem; and, WHEREAS, the 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, ~s consistent wi.th the goals and elements of the Aspen Area Community Plan; and. WHEREAS, the 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: Page: 2 o¢ 4 0T/0~/2003 ~.!. :50~ SILVIR OnVIS pTTKIN COUNTY CO R :~t.ee o e.ee Section ]: ~ Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development; a PUD amendment to allow for the existing administration office in Building H of the Centennial PUD to be moved and expanded into the lower level of the building and for a model unit that includes a loft to be created on the main level of the building as was represented .on the site plan and elevation drawings presented to the Planning and Zoning Commission on May 20TM, 2003 and on file at the City Clerk's Office, is hereby approved with the following conditions: 1. The model unit may not be used for residential purposes. A subsequent PUD amendment and a GMQS allotment shall be required for the model unit to be used for residential purposes in the future. 2. The applicant shall obtain a tree removal permit prior to removing or relocating any trees from the site in which a tree removal permit is required pursuant to Section 11 of the City of Aspen Municipal Code. 3. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site pr/or to any excavation on and/or prior to the application for building permit. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. All soils on the site shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust. 4. The owner and general contractor shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. 5. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No soil may be tracked onto paved roads without being immediately removed. Page: 3 0¢ 4 e?/02/2003 l1:50A SILVI~ O~VIS PITKIN COUNTY ¢0 R 2i,00 D 0.00 6. The owner shall complete the Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of soil and prior t° any issuance of building permits for the property. 7. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The water tap fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 8. The Applicant shall comply with the Aspen Sanitation District's roles and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. Sanitation District fees that are based on the number of fixtures shall be calculated as if the model unit were to be used for residential purposes. 9. The ApplicaSat shall erect a sign that prohibits public vehicular entry and parking on the eight (8) foot wide maintenance vehicle entrance that exists west of the playground that enters off of Park Circle. Maintenance vehicles may continue to use the driveway. 10. The Applicant shall maintain an inactive water service account for the model unit, which does not allow for water service to the model unit because it is not to be used for residential purposes. Section 2: This resolution serves to put the applicant on notice that the approvals granted herein, and the development of the property pursuant to this approval, does not guarantee GMQS or any other future approvals for the use of the property with an additional residential unit. The applicant is subject to full enforcement measures under the City of Aspen Municipal for any violation now or in the future. Section 3: 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 4: 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 5: 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 Planning and Zoning Commission of the City of Aspen on this 20th day of May, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Page: 4 of 4 ~ackie Lotl~ian, Deputy City Clerk ~'