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HomeMy WebLinkAboutresolution.apz.037-04RESOLUTION NO. 37 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ASPEN MEADOWS SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN INSTITUTE'S GMQS EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR A PREVIOUSLY APPROVED LODGE BUILDING TO BE CONSTRUCTED AS A CONFERENCE AND MEETING HALL, 845 MEADOWS ROAD, LOT lA OF THE ASPEN MEADOWS SUBDIVISION/SPA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute ("Applicant") requesting an amendment to the Aspen Meadows Specially Planned Area (SPA) and an amendment to the Aspen Institute's GMQS exemption for an Essential Public Facility to allow for the construction of a Conference and Meeting Hall on Lot IA, of the Aspen Meadows Subdivision/SPA; and, WHEREAS, the Aspen Institute has provided written consent to apply for a SPA Amendment from the Music Associates of Aspen and the Aspen Center for Physics per the requirements for an amendment to the Aspen Meadows SPA; and, WHEREAS, City Council Ordinance No.14, Series of 1991, zoned the subject property to Academic with a SPA Overlay and approved the final SPA development plan subject to this amendment; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Streets Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on November 16, 2004, the Planning and Zoning Commission recommended, by a five to zero (5-0) vote, that City Council approve an SPA amendment to the Aspen Meadows Specially Planned Area (SPA) and an amendment to the Aspen Institute's GMQS exemption for an essential public facility to allow for the construction of a Conference and Meeting Hall in the place of the unbuilt lodge structure on Lot 1 A, of the Aspen Meadows Subdivision/SPA; 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 development proposal 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 That the Planning and Zoning Commission hereby recommends that City Council approve an SPA amendment for the Aspen Meadows Specially Planned Area (SPA) and an amendment to the Aspen Institute's GMQS Exemption for an essential public facility to allow for the construction of a Conference and Meeting Hall on Lot lA of the Aspen Meadows Subdivision/SPA, with the following conditions: A amended SPA agreement representing the changes to the Aspen Meadows Subdivision/SPA discussed herein shall be recorded at the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council. An amended SPA Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval by City Council shall include the following: A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. The dimensional requirements approved for the Conference and meeting Hall are as follows: 11,917 SF Per the Meadows SPA approved pursuant to Ordinance No. 14, Series of 1991 4. The building permit application shall include: b. A copy of the final Ordinance and recorded P&Z Resolution, as well as the Final HPC Resolution. c. The conditions of approval printed on the cover page of the building permit set. d. A completed tap permit for service with the Aspen Consolidated Sanitation District. 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 any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. 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 pemolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. g. A construction management plan pursuant to the requirements specified in Condition No. 9 included herein. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department, as detailed in Condition No. 4 included herein. 5. Throughout the structure, the Applicant shall install a fire alarm system meeting the requirements of the Fire Marshal. The Applicant shall also install a fire sprinkler system that meets the requirements of the Fire Marshal. 6. Prior to issuance of a building permit: The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 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. 7. The Applicant shall submit to the Enviromnental Health Department a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, continual cleaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required with the submittal for building permits. 8. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. 9. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with 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. 10. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to sanitary sewer lines shall be allowed. All improvements below grade shall require the use of a pumping station. 11. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 12. There will be no construction material or dumpsters stored on the public rights-of-way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans that are consistent with the City Construction Management Plan Guidelines at the time of building permit submittal. 13. The Applicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to serving food from the catering kitchen. If determined to be necessary by the Aspen Consolidated Sanitation District, the Applicant shall install an oil and grease interceptor in the catering kitchen. 14. All exterior lighting shall meet the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended from time to time. 15. The tennis courts along Meadows Road shall remain in place. Section 2: That the 1,500 undeveloped square feet remaining from the Conference and Meeting Hall (given it's slightly smaller dimensions than the previously approved lodge structure) be reserved for future expansion of the Health Club located on the same campus, provided that applicable City Land Use approvals are granted for the. 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 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. Section 5: 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of November, 2004. APPROVED AS TO FORM: City Attorney V PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ~/ (~ ATTEST: t~(kie Lc~thian, l~puty City Clerk