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HomeMy WebLinkAboutresolution.apz.016-2017 RECEPTIONM 644159, R: $183.00, D:$0.00 DOC CODE: RESOLUTION Pg 1 of 35, 0110312018 at 11:07:50 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 16 (SERIES OF 2017) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED DEVELOPMENT DETAILED REVIEW ALLOWING FOR THE REPLACEMENT OF THE 300 BUILDING OF THE ASPEN ALPS SUBDIVISION FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION, COMMONLY KNOWN AS 700 UTE AVENUE, BUILDING 300 OF THE ASPEN ALPS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel 1D: 2737-182-95-800 WHEREAS, the Community Development Department received an application for the Aspen Alps Subdivision and Planned Unit Development (the;Application) from Aspen Alps Condominium Association (Applicant), represented by Alan Richman Planning Services for Planned Development—Project Review Amendment, pursuant to Land Use Code Chapter 26.445 after receiving approval for Planned Development — Project Review Amendment by Ordinance No. 19, Series of 2016; and, WHEREAS, the subject property is zoned Lodge (L) with a Planned Development (PD) Overlay; and, WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application—May 4, 2015, as applicable to this Project; and, WHEREAS, a Development Review Committee Meeting was held on October 4, 2017 and the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Environmental Health Department, Parks Department, Aspen/Pitkin County Housing Authority, and the Transportation Department as a result of the Development Review Committee meeting; and NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN,COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Aspen Alps Planned Development — Detailed Review approval; subject to the conditions of approval as listed herein. All dimensions outlined in all previous approvals remain valid and in effect except as modified herein. Section 2: Planned Development—Detail Review The materials and architecture as represented at the December 5, 2017 Planning and Zoning Commission meeting, and attached as Exhibit B, are approved. Minor changes to the interior floor plans, such as the number of bedrooms per unit, shall be permitted during the building permit process without additional review. a. In accordance in Section 26.490.040, Approval Documents Content and Form, the following plans are required in the Approved Plan Set: 1. Final Architectural Character Plan. Planning and Zoning Commission Resolution No. 16, Series 2017 Page 1 of 6 2. Planned Development Project and Detail Review Plans. 3. Public Infrastructure Plan. b. In accordance with Section 26.490.050, Development Agreements, a Development Agreement shall be entered into with the City. c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the applicant shall provide a site protection guarantee and a site enhancement guarantee. d. In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are required in an amount equal to 150% of the current estimated cost of the improvement: 1. Landscape Guarantee. 2. Public Facilities and Public Infrastructure Guarantee. 3. Storm Water and Drainage Improvements Guarantee. e. A Condominium Map shall be completed for the development in accordance with Section 26.480.050(A), Condominiumization, following substantial completion of the project. Section 3: Approved Dimensions Pursuant to Condition 5.2 Ordinance No. 19, Series of 2017, which granted the Planning and Zoning Commission the ability to amend to maximum floor area allowance for the project. There are no other dimensional changes to the project. Table 1. Approved Dimensions Dimensional Requirement Approved Dimensions Maximum Floor Area, 300 Building 1 19,718 sq. ft. Section 4: Engineering Department The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all applicable standards published by the Engineering Department. Drainage Improvements: 1. A variance for the stormwater mitigation associated with the 400 and 500 buildings has been requested and been agreed upon with the Engineering Department. A formal variance request must be submitted at building permit. The variance will be granted provided the Final Drainage Report submitted at building permit application is consistent with the Conceptual Master Drainage Report prepared in support of the Detail Review Application. 2. The applicant shall consider, if any, future Alps properties that will tie in to the regional storm system and size the system accordingly. This should be included in detail in the final building permit submittal. 3. Due to surrounding slopes and pipe sizes, any designed storm system must take in to account hydraulic gradelines. Please include hydraulic grade lines at building permit. 4. According to modeling done by WRC Engineering (June 2012), in a 100 year storm the area below the 300 building and along Aspen Alps Rd will be inundated. The applicant Planning and Zoning Commission Resolution No. 16, Series 2017 Page 2 of 6 shall demonstrate there is no rise of the flooded water surface elevation caused by the proposed development. 5. The stormwater system located below the 300 building at 861 Ute Ave shall be taken in to account for the design of the 300 building. Any storm system must bypass the system at 861 Ute Ave, and the applicant must demonstrate there are no negative impacts to this system. Please include narrative within the drainage report. Slope Stability 6. A slope stability analysis shall be performed and ensure adequate stabilization of the south side of Aspen Alps Rd. The use of gabions is prevalent throughout the property. The stability of these devices shall be further investigated, and adjustments made as necessary. A letter stating satisfactory condition of walls must be submitted with building permit. Durant Mine Ditch 1. The easement exhibit depicts a 15' wide easement centered on the ditch. The easement must be 20' wide throughout the entire property. Please adjust easement to be 20' wide or applicant can apply for formal variance. Utilities 1. Fire calculations must be provided to verify the existing 6" water main is adequate for supplying fire flows demands. 2. Detailed water plans will be required and reviewed at the building permit stage. 3. The fire hydrant located along Aspen Alps Rd is surrounded by soil depressions indicating a potential pipe failure. Hydrant failure may require'investigation and corrected as deemed necessary by staff, and shall be included in the plans at building permit. Section 5: Fire Mitigation a. All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Parks Department a. Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. Applicable mitigation shall be provided pursuant to Chapter 13.20 of the City Municipal Code. b. Tree protection fencing is required at the driplines of all remaining trees. There is no activity permitted within this protective fence. A tree protection plan indicating the drip lines of each individual tree or groupings of trees remaining on site shall be included in the building permit application for any demolition or significant site work. Section 7: Aspen Consolidated Sanitation District Requirements a. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Planning and Zoning Commission Resolution No. 16, Series 2017 Page 3 of 6 Section 8: Environmental Health Department a. The existing Aspen Alps trash enclosure shall be updated to become a wildlife-proof enclosure utilizing an electric fence. b. The existing recycling facility area in the garage shall be painted to clearly demarcate it from the rest of the garage. Section 9: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. Section 10: Building Department The Applicant shall meet all applicable building and accessibility codes in place at the time of building permit. Section 11: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14)days following final approval of this Resolution,the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,pertaining to the following described property: 730 E. Cooper Ave. with a legal description of [As found in Exhibit A. Legal Description of this Resolution], by Resolution of the Planning and Zoning Commission of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Resolution of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Resolution. Planning and Zoning Commission Resolution No. 16, Series 2017 Page 4 of 6 The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 12• 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 Community Development Department, or 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 other specific conditions or an authorized authority. Section 13• 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 14: 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. FINALLY, adopted, passed and approved this 5`h day of December, 2017. Approved as to form: Approved as to content: ames R. True, City Attorney row, Chair Attest: Cindy {lob,Records Manager Attachments: Exhibit A: Legal Description Exhibit B: Approved Drawings Planning and Zoning Commission Resolution No. 16, Series 2017 Page 5 of 6 Exhibit A, Legal Description BUILDING 300 OF THE ASPEN ALPS SOUT14 CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM DECLARATION FOR ASPEN ALPS SOUTH RECORDED DECEMBER 1. 1965 IN BOOK 217 AT PAGE 189, AND THE FIRST SUPPLEMENT RECORDED JANUARY 6, 1969 IN BOOK 238 AT PAGE 804, AND ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 10, 1965 IN PLAT BOOK 3 AT PAGE 54, AND FIRST SUPPLEMENT RECORDED DECEMBER 10, 1969 IN PLAT BOOK 3 AT PAGE 373, SECOND SUPPLEMENT RECODED APRIL 14, 2005 UNDER RECEPTION NO. 508992, COUNTY OF PITKIN, STATE OF COLORADO. Planning and Zoning Commission Resolution No. 16, Series 2017 Page 6 of 6 1 PI.aPP ! 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