Loading...
HomeMy WebLinkAboutresolution.apz.041-95 A RESOLUTION OF THE ASPEN PLANNING ~ ZONING COMMISSION APPROVING CONDITIONAL USE FOR A LODGE IN THE OFFICE ZONE DISTRICT FOR L'AUBERGE LODGE LOCATED AT 435 W. MAIN STREET (LOTS A-I, BLOCK 38) CITY AND TOWNSITE OF ASPEN, COLORADO Resolution No. gs-~[~ WHEREAS, the applicants proposed a code amendment to allow a lodge in the office zone district in order to legitimize the current use of the lodge and to allow an expansion of the lodge; and WHEREAS, the Commission approved the proposed code amendment at a public hearing on April 18, 1995, but tabled the associated conditional use review to May 9, 1995, in order to allow staff and the applicant to continue work on the conditional use application; and WHEREAS, the lodge proposal was reviewed by the Engineering Department, Aspen Consolidated Sanitation District, the Aspen Fire Marshal, Parks Department, and the Environmental Health Department, and referral comments were sent to the Planning Office; and WHEREAS, Planning staff reviewed the request and referral comments and recommended approval for a conditional use for the proposed lodge, with conditions, pursuant to Section 24-7-304; and WHEREA~, on May 9, 1995, the Planning and Zoning Commission continued the public hearing, reviewed the proposal and staff recommendations, and voted unanimously to approve the request with conditions; and WHEREAS, in addition to the conditional use approval, the Commission voted unanimously to recommend to City Council the addition of a parking requirement for lodges in the Office zone district as stated in staff's May 9, 1995 memorandum and amended on the same date. NOW, THEREFORE BE IT RESOLVED bythe Commission that it does hereby approve a conditional use for the L'Auberge Lodge with the following conditions: 1. Prior to the lodge GMQS allocation by the City Council, the applicant shall submit a revised service utility plan that has been reviewed and approved by the ACSD, and the water, electric, and engineering departments. 2. Any costs for new public services that must be installed or upgraded shall be borne by the applicant on a partial or full basis depending upon the specific agency's requirements. 3. Prior to the issuance of any building permits, the applicant shall file restrictions against future installation of fireplaces and woodstoves with the Environmental Health Department. 4. Prior to the issuance of any building permits, shall submit a fugitive dust control plan, to be approved by the Environmental Health Department. the applicant reviewed and 5. Prior to the issuance of any building permits the applicant shall submit a revised site plan that includes: a. all transformer and utility easements; b. a detailed drawing of the area for all service/trash and recycling areas; c. proposed and city specified sidewalks on 3rd and 4th streets between Main Street and the alley; d. a revised parking plan to be reviewed and approved by the engineering and planning staff; e. elimination of the curb cut adjacent to the manager's residence. Se Prior to the issuance of any building permits the applicant shall submit a detailed landscape plan approved by the Parks Department. 7. Prior to the issuance of any building permits: a. tree removal permits and a mitigation plan for removing or relocating any trees 6" in caliper or greater shall be required from the Parks Department and any trees proposed to be saved shall be protected during construction, including no digging or over digging within the drip line; b. the applicant shall enter into an agreement with the Engineering Department to construct curb and gutter in the future; c. the applicant shall pay all applicable water and sewer tap fees; and d. the applicant shall file the appropriate deed restrictions with the Housing Office for the deed restricted dwelling unit if required by Council. Any irrigation system that is installed shall be incompliance with the Water Conservation Code. As required in Section 24-7-1004 C.4.f, the applicant shall maintain the historic runoff patterns that are found on the site and shall correct any runoff or erosion problems that 2 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. currently exist on the site. The applicant shall agree to join any future improvements districts which may be formed for the purpose of constructing improvements in the public right-of-way. Ail lighting fixtures will face downward and be shielded to eliminate the potential for glare or nuisance to neighboring properties. Lighting along the walkways will be low to the ground (approximately 3' in height) and shielded. Ail work in the alley and public right-of-way shall require a permit from the Streets Department. During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am. and 10 p.m. Early warning devices and fire extinguishers shall be provided in all cabins and the manager's residence. If the applicants intend to use the ditch for irrigation, a utilization plan must be reviewed by the Parks and Water Departments which may include a raw water agreement. The agreement must be signed prior to the issuance of any building permits. Prior to the issuance of any building permits the applicant shall apply for an encroachment license. This conditional use approval is conditioned upon successful completion of the variance request process or PUD review, Council approval of the text amendment, and Council allocation of the lodge allotments. The applicant acknowledges Municipal Code sidewalk maintenance requirements for all sidewalks abutting the applicant's property. These property owner obligations include timely snow removal as provided for in Section 19, Article VIII, and sweeping and maintenance against hazardous conditions as provided for in Section 19, Article IV. Ail material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and joint GMQS Commission meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Any substantial change in the use of this conditional use as a lodge shall require an amendment to the conditional use review and other applicable requirements of the code. 3 APPROVED by the Commission at their regular meeting on May 9, 1995. ATTEST: Jan Cagey, Deputy City Clerk ASPEN PLANNING AND ZONING COMMISSION Bruce Kerr, Chairman 4