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HomeMy WebLinkAboutresolution.apz.004-97 RESOLUTION OF THE ASPEN pLANNING AND ZONING COMMISSION GRANTING APPROVAL FOR CONDITIONAL USES IN THE ACADEMIC (A) AND CONSERVATION (C) ZONE DISTRICTS, SPECIAL REVIEW' OF PARKING REQUIREMENTS, 8040 GREENLINE REVIEW, AND STREAM MARGIN REVIEW FOR THE KIDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER RANCH SUBDIVISION, AND RECOMMENDING APPROVAL OF REZONING AND CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) DEVELOPMENT PLAN FOR THE KIDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER RANCH SUBDIVISION, CITY OF ASPEN Resolution 97-~. WHEREAS, The Community Development Department received an application from The Kids Stuff Foundation, for Conditional Use Review for dormitory housing, a health care facility and a dining hall in the Academic zone district and for a swimming pool in the Conservation zone district; Special , Review for parking requirements in the Academic Zone district; 8040 Greenline Review; Stream Margin Review; Rezoning; and, Conceptual/Final Specially Planned Area (SPA) Review; and WHEREAS, Pursuant to Section 26.60.040 of the Aspen Municipal Code, Conditional Uses may be approved by the Plannhg and Zoning Commission; pursuant to Section 26.64.040 of the Aspen Municipal Code, parking requirements in the Academic zone district may be approved by the Planning and Zoning Commission through Special Review; pursuant to Section 26'.68.030 of the Aspen Municipal Code, 8040 Greenline Reviews may be approved by the Planning and Zoning Commission; and pursuant to Section 26.68.040 of the Aspen Municipal Code, Stream Margin Reviews may be approved by the Planning and Zoning Commission; and WHEREAS, Pursuant to Section 26.92.020 of the Aspen Municipal Code, the Planning and Zoning Commission shall make a recommendation to the City Council regarding requests to amend the Official Zone. District Map; and pursuant to Section 26.80.030 of the Aspen Municipal Code, the Planning and Zoning Commission shall m.ake a recommendation to the City Council regarding Conceptual/Final Specially Planned Area (SPA) Development Plan proposals; and WHEREAS, the Housing Office, City. Engineering, Parks Department, Aspen ConSolidated Sanitation District, Environmental Health Department and Community Development. Department reviewed the proposals and recommended approval of each with conditions; and WHEREAS, the above referenced application was legally noticed for a public hearing; and WHEREAS, during the public hearing at a continued meeting on March 11, 1997, the Planning and Zoning Commission approved by a 5'0 vote the Conditional Uses with conditions, the Special Review with conditions, the 8040 Greenline Review with conditions, and the Stream Margin Review with conditions; and. WHEREAS, during a public hearing at a continued meeting on March 11, 1997, the Planning and Zoning Commission recommended approval by a 5-0 vote of the request to amend the Official Zone District Map and the Conceptual/Final Specially Planned Area (SPA) Development Plan proposal. NOW, THEREFORE BE IT RESOLVED by the Commission: I Illlll IIIII IIIIII IIIII IIII 11111 IIIIII Ill Illll I!11 IIII 485614 ;)6 / 23/l gg7 l X: 4gA ORD X NANCE ? of' X X R 56.E);) D ;).~)E) N E).E)e PXTKXN COUNTY CLERK A. Conditional Use: That the Conditional Use for dormitory housing; a health care facility and a dining hall in the Academic (A) zone district, and a swimming pool in the Conservation (C) zone district at Kids Stuff Foundation on Lot 5 of the Stillwater Ranch Subdivision is approved with the following conditions: Prior to the issuance of any building permits the applicant shall: a) Install any new surface utilities requiring a pedestal or other above ground equipment on an easement provided by the property, owner and not within the public rights-of-way; b) Locate any additional proposed construction in such a way that it does not encroach into an existing utility'easement or public right-of-why; c) Agree to join any future improvement district(s) which may be formed for the purpose of constructing improvements in adjacent public rights-of-way; 'the agreement shall be executed and recorded concurrently upon approval of this application; d) Submit a "Site Improvement Survey" to the Engineering Department; e) plans; Indicate all utility meter locations and trash containment areas on f'mal development f) Ensure that the project meets all runoff design standards of Section 26.88.040(C)(4)(f) with the building permit'application, and provide a drainage report and mitigation plan signed and stamped by an engineer registered in the State of Colorado; g) Submit a permanent erosion control plan and a temporary sediment control plan and containment plan for the construction phase; and h) Needles and other contaminated items will need to be handled as medical waste and the operator will need to contract with a medical waste pick up hauler to properly dispose of these items. 2. Prior to the issuance of a Certificate of Occupancy (CO), the applicant shall: a) Submit as-built drawings of the project showing property lines, building footprint, easements, any encroachments, entry points for utilities entering the property boundaries and any other improvements to the Asperv'Pitkin County Data Processing Department in accordance with City GIS requirements, if and when, any exterior renovation or remodeling of the property occurs that requires a building permit; b) Permit Community Development Department and Housing Office staff to inspect the property to determine compliance with the conditions of approval; c) Be required to sign a sidewalk, curb and gutter agreement with the City; d) Increase the width of the access easement through the property to twenty (20) feet in order to meet emergency access width requirements, and emergency access to the new building must be twenty (20) feet wide. That is, the driving surface must be twenty (20) feet wide and must be cleared of snow for the full width. A dedicated fire engine mm around that will remain free of parked cars, meeting Fire Marshal requirements, must be provided; e) Pave the driveway: and, f) The Environmental Health Department shall approve both plans and specifications of all food service facilities. A minimum of two (2) weeks shall be necessary for the Department to review and approve plans. Also, final approval from the Environmental Health Department is required before opening for business, and prior to issuance of a Colorado Food Service License. I IIIIII Ilill IIIIII IIIII IIII IIilil IIIIII III IIIII IIII IIII 405614 08/23/19g? ll:4gA O~XNANCE 8 o~' i,l R $6.ee D e.ee N e.ee P XTKXN COUNTY CLERK o . Also prior to issuance of any' building permits, the applicant shall consult with City departments regarding the following' a) City Engineering for design of improvements, including landscaping, within public rights-of-way; b) Parks Department for tree removal, landscaping, and selection of vegetative species, as well as provisions for trail easements and fencing design' c) City Streets Department for street improvements, and shall obtain permits for any work or development, including landscaping, within public rights-of-way; and, d) Aspen Consolidated Sanitation District and the Department of Environmental Health for drainage provisions for the swimming pool, grease and oil interceptor provisions for the kitchen, oil and sand interceptor provisions for the garage, and blood borne 'and hazardous waste disposal provisions for the medical suite. Prior to the issuance of any building permits, a review of any proposed minor changes from the approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred back to the Planning and Zoning Commission. One (1) year after the commencement of operation, an employment audit shall be conducted by the Housing Department. The permanent staff units shall be deed restricted with priority for use of these units to personnel of the Foundation, and categorized as to those employees residing in the units (Category 1, 2, or 3' but Category 4 for the two-bedroom, lower-level unit). o Deliveries to the facility for all services (i.e., food, medical supplies, etc..) shall be limited to the hours between 6:00 a.m. and 7:00 p.m., and consolidation of deliveries-will be implemented to the maximum extent practicable. . All material representations, made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. B. Special Review: That the Special Review for off-street parking requirements in the Academic (A) zone district at Kids Stuff Foundation on Lot 5 of the Stillwater Ranch Subdivision requiring three (3) garaged parking spaces for vans and ten outdoor parking spaces meets the standards of Section 26.64.040(B) of the Aspen Municipal Code and is approved with the following conditions: One (1) year after commencement of the facility's operation, a parking audit/study be conducted by the applicant and submitted to the Community Development Department for review. If the f'mdings indicate that the provided parking is not adequate, mitigation will need to be proposed by the applicant and approved by the Commission pursuant to Special Review in accordance with Section 26.64.040(B) of the Municipal Code. . All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. C. 8040 Greenlin Review' That the 8040 Greenline Review for the Kids Stuff Foundation development proposal on Lot 5 of the Stillwater Ranch Subdivision meets the standards of Section 26.68.030 of the Aspen Municipal Code and is approved with the following conditionS: I Illlll IIIll IIIIII IIIll IIII IIIIII IIIIII III IIIII IIII IIII 405614 e6/23/1957 1t :491:10RD:i:NI:tNCE 9 .f' !1 R 56.88 D 0.00 N 0.00 PI:TKIN COUNTY CLERK Regarding the horse facilities: a) Careful housekeeping and cleanup of all areas shall occur on a regular, daily basis; b) Runoff through this area shall be controlled by c. reating diversion swales to keep runoff from the stable area from traveling off the property or into nearby rivers; c) One (1) year after commencement of the facility's operation, a horse population and water quality audit/study shall be conducted by the applicant and submitted to the Community Development Department for review. If the findings indicate that the water quality is below acceptable levels, a fifty (50) foot buffer from areas that could be easily contaminated, such as the river, 100-year flood plain and wetlands, will be implemented and maintained to protect riparian vegetation, alluvial soils and groundwater and surface water; d) An evaluation shall be done to determine the "carrying capacity" of the area for horses as compared to land area available: e) If concerns arise, the Aspen/Pitkin Environmental Health Department reserves the right to require water quality sampling at the owner's expense; , Prior to issuance of any building permits or use of the facility, the applicant shall provide proof to the Aspen/Pitkin Environmental Health Department that proposed mitigation measures are sufficient to offset increases in PM i0 and traffic caused by the project; o At least thirty (30) days prior to issuance of a building permit, the plans and specifications complete with piping layout, equipment and mechanical speoifications along with design calculations, shall be submitted for review and approval by the Aspen/Pitkin Environmental Health Department; . All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered tO and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. D. Stream Margin Review: That the Stream Margin Review for the Kids Stuff Foundation development proposal on Lot 5 of the Stillwater Ranch Subdivision meets the standards of Section 26.68.040 of the Aspen Municipal Code and is approved with the following conditions: The applicant shall work with the Parks Department to design a fence around the stable with rail. logs that are capable of being dismantled to allow debris associated with flood waters to pass through the property; . The proposed location of the swimming pool and horse stable be moved to at least fifteen (15) from the edge of the top of slope, as determined by the Aspen Engineering Department. All portions of all structures/construction must fall within the approved building envelope; If any outdoor lighting is proposed, said lighting shall be low and downcast with no light(s) directed toward the river or located down the slope. Any and all outdoor lighting will feature down-directional and sharp cut-off fixtures: , A plat documenting the approved building envelope as related to surveyed information shall be submitted to and approved by the Aspen Engineering Department. This plat shall include revised site sections meeting the standard set forth by Section 26.68.040(B)(10), and shall be recorded within 180 days of stream margin review approval; I IIIIII IIIII IIIIII IIII IIII Ii1111 IIIIII III IIIIII III IIII 4056x4 86/23/1997 x x: 4gt~ ORDXNi:INCE 18 of' tl R 56.;)8 D 0.00 N 0.00 PXTKXN COUNTY CLER IIIIII Illll IIIIII lllll IIII IIIIII Illlll III IIIIII III IIII 4~58X4 E~8/23/xgg7 XX:4gA ORDXNANCE X X ot~ X X Fi 58.0~ D 0.00 N 0.~0 PXTKXN COUNTY CLER All material representations made by the applicant in this application and during public meetings with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. E. Rezoning: That a recommendation to approve the rezoning as requested by the applicant, provided the annexation request is approved, is forwarded to the City. Council. That is, the Commission recommends to Council that the subject parcel be zoned Academic (A) on the upper bench, Conservation (C) on the lower bench, and Specially Planned Area (SPA) overlaying the entire parcel, subject to both the dimensional requirements adopted by Council through the approval of a'Specially Planned Area and the parking requirements adopted by the Commission through the approval, with two (2) conditions, of the Special Review request. F. Specially Planned Area: That the Commission recommends tl~at Council 'designate Lot 5 of the Stillwater Ranch as a Specially Planned Area (SPA) and allow for the consolidation of conceptual and f'mal SPA review. The Commission further recommends that Council accept the following dimensional requirements for the Academic (A) zone district portion of the SPA: 1. Minimum LOt Size: 6 acres 2. Minimum Lot Area Per Dwelling Unit: 1.5 acre per unit 3. Minimum Lot Width: 200 feet 4. Minimum Front yard: 30 feet 5. Minimum Side Yard: 20 feet 6. Minimum Rear Yard: 20 feet 7. Maximum Height: 28' to the mid-point of the roof, as measured on all sides of the building, except for the east elevation, which shall not exceed 32.5' to the mid-point. 8. Minimum Distance Between Principal and Accessory Buildings: No requirement, except that required by building code. 9. Percent of Open Space Required for Building Site: 30 percent 10. External Floor Area Ratio: Floor area shall not exceed 14,000 square feet 11. Internal Floor Area Ratio' No requirement. In addition, the Commission recommends that~Council finds that the proposed SPA meets all applicable standards (1-8) of Section 26.80.040(B),~nd, .~~hould be approved with the con4ition that an SPA plat shall be approved by the Engineering D~~~ff~l~ecorded within 180 days final SPA approval. . · . ,.' .... . -~ .. e~ ~ :~ G. General Provts~ons. .~.' ;.~-., ", ./ ,,~ ~,/' ~ 1. That this Resolution shall not be'~o~ eff~tive,~nl~S~/afffl until the CiW Council approves the Vetition for a~exation ~y ~u~y enae~e'~Ora~6f~ ~,. . .~~~g t~e subject prope~ to t~e Ci~ of Ascen. . ,g., , ..... .,~ 2. All material representations made bv the appfi~5~,~i'S application and during public meet~gs with the Pla~g and Zon~g Comhission shall ~~ged to and shall be considered conditions of approval, unless othe~ise amended by a Board/c~mission having authori~ to do so. APPROVED by the Commission at its continued meeting on March 11, 1997. Attest: ckie Lothian, Deputy City Clerk Planning and Zoning Commission' Sara Garton, Chairperson