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HomeMy WebLinkAboutresolution.apz.024-06 1111111111111111111111 :;~~~~;~ ~20BI JANICE K vas CAUDILL PITKIN COUNTY CO R 36.00 D 0.00 ","-, AMENDED RESOLUTION NO. 24 (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS AND A GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION, AND RECOMMENDING THAT CITY COUNCIL APPROVE A SUBDIVISION, AND GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. THIS IS TO REPLACE RESOLUTION NO. 24 RECORDED AUGUST 4, 2006; #527142. Parcel 10: 2735-124-81-001 .- WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of a Special Review to Establish Off-Street Parking Requirements, a Growth Management Review to Determine Employee Generation, Subdivision and a Growth Management Review as an Essential Public Facility, to construct the Jewish Community Center, located at 435 W. Main St., Lots A- I, Block 38, City and Townsite of Aspen; and, - WHEREAS, the Community Development Department Director determined that the Jewish Community Center is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; 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, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on July 18, 2006, at which time the Commission considered and found the application to meet the review standards, and approved a Special Review to Establish Off-Street Parking Requirements, and a Growth Management Review to Determine Employee Generation, and recommended that City Council approve with conditions a Subdivision and Growth Management Review of an ""+~ Page 1 of7 ,-. ~ Essential Public Facility, by a vote of 5-1 to the Jewish Community Center, located at 435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; 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: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, a Special Review to Establish Off-Street Parking Requirements and a Growth Management Review to Determine Employee Generation, and recommends that City Council approve with conditions a Growth Management Review as an Essential Public Facility and Subdivision in order to construct the Jewish Community Center, located at 435 W. Main Street, Lots A-I, Block 38, City and Townsite of Aspen. Section 2: Plat and Al!:reement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval. Section 3: Buildinl!: Permit Application The building permit application shall include the following: - - a. b. c. d. -- A copy of the final Ordinance, Planning & Zoning Commission Resolution and Historic Preservation Commission Resolutions. The conditions of approval printed on the cover page of the building permit set. A completed tap permit for service with the Aspen Consolidated Sanitation District. 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 percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. -- Page 2 of7 OJ ... N ...... ... ....... ~ lD IS) tDo~Q q-N~C m ...... N ~~ ,n .01 u, D.. IS) CS'l ... .. '"' '" o u >- >- z => o u z " >- o. -' -' C; => a u '" o > - --- -. - "- 1111111111I111111111 II :;~~~~~;~ ~2: 0BI JI=lNICE K VOS CAUDILL PITKIN COUNTY CO R 36.00 D 0.00 g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the site is limited to the dimensional requirements established in the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February 2006 Subdivision application, and further subject to Historic Preservation Commission Final Review. Section 5: Trash/Utilitv Service Area The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, and Gutter The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the Historic Preservation Commission, and shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Affordable Housinl!: The three (3) on-site affordable housing units shall be in compliance with the AspenlPitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the subdivision plat and prior to the issuance ofa Certificate of Occupancy for the units, classifying the units as Category 2 units. a) At least two parking spaces shall be allocated and reserved for the employee-housing units on site. b) The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance for a period of one year or more. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. c) APCHA or the applicant shall structure a deed restriction for the units such that 1/lOth of 1 percent of the property is deed restricted in perpetuity to the AspenlPitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. d)Due to the ability to have the employees live on-site, if such employee is employed by the Community Center, the income and assets can be waived. e) If more than ten (10) Special Events are held in a calendar year, as defined in the application (p. 6B), the applicant shall be required to conduct an employee audit under the terms of Section 7(f)1-3. f) The applicant shall conduct an employee audit two years after issuance of the Certificate of Occupancy for the development under the following terms: Page 3 of7 ,~ --- - "- 1111111111I11111111111 :;~~~~~;~ ~20BI JANICE K vas CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 1. The applicant shall retain an auditor and shall gain prior approval from the Housing Office for the selection of the auditor. 2. The applicant shall be fully responsible for all fees associated with retaining an auditor. 3. Should the audit show additional employees over the 9.63 FTE, the applicant shall mitigate at an identical rate established by this Resolution (44 percent) for those additional employees required under the Guidelines in effect at the time of the audit - either by providing units or by providing a payment-in-lieu fee. Section 8: Relocation of Cabins Applicant may relocate three (3) cabins off-site only upon approval of the Historic Preservation Commission of a satisfactory receiver site and method of relocation. Section 9: Determination of Emplovee Generation The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority. The three Category 2 rental affordable housing units on site provide mitigation for 4.25 FTEs. Section 10: Establishin!!: Off-Street Parkin!!: Requirements The Planning and Zoning Commission has established off-street parking requirements as follows: a) Nine (9) off-street parking spaces. b) Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. c) The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create a one-way, continuous-movement drop-off program, and not as traditional parking spaces. The applicant shall be responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. d) Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way designation shall be decided in cooperation with the City and the neighbors on the alley. e) If the Center holds more than ten (10) Special Events in a calendar year, as defined on p. 6B ofthe February 2006 application, the applicant shall be required to obtain an additional approval for a Special Review to Establish Off-Street Parking Requirements, pursuant to Section 26.5l5.040(A)I-3. Section 11: Transportation and Parkin!!: a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in place by building permit submittal. Fee shall be paid prior to issuance of building permit. Page 4 of7 1111111111I11111111111 ~;~~~;I ~20BI JI=lNICE K vas CAUDILL PITKIN COUNTY CO R 36.00 0 0.00 ~ b ) Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. c) Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. d) Applicant shall maintain information on its website regarding the lack of on-site parking, and information regarding car-pooling or use of public transit. e) Applicant shall not schedule Special Events with a projected attendance in excess of 50 people before 6 pm during the winter season or before 7 pm during the summer season. f) Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. g) Applicant shall stagger arrival times for pre-school classes once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class. h) Applicant shall active participate in the City's Transportation Options Program (TOP). i) Applicant shall provide covered and secure bike storage. j) Applicant shall provide free bus passes to employees who do not live on-site. - Section 12: Fire Miti!!:atlon The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. ,- Section 13: Water Department Requirements 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. - Section 14: Sanitation District Reauirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 15: Exterior Li!!:htinl! All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. ,~ Section 16: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit Page 5 of7 .~ submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. --- - --- Section 17: Landscapin!!: a) Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b) Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along Hopkins Ave and part of the South West comer located next to the Large Cottonwood Tree. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. c) The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. d)An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or on site. e) Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. The ROW trees along 4th and 3'd streets should be of another species other than cottonwood. f) Realignment of the ditch will require specific coordination between the Parks Department and the contractor. The realignment will have to take place during a time period when the ditch is closed for the off-season. Realignment will also require the use of a Bentomat type material in order to reestablish the integrity of the ditch. g) Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones h) Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root greater than 2" encountered during the installation will require approval before removal. Play yard fence must be constructed according to State of Colorado standards for daycare centers. i) The installation of the new sidewalk at the comer of 4th and Main Streets needs to be designed at grade bridging over the root systems of the existing cottonwood trees. 1111111111I11111111111 :;~~~~;~ ~2: 0BI JI=INICE K vos CI=IUDILL PITKIN COUNTY CO R 36.00 D 0.00 Page 6 of? - Section 18: 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 19: 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 20: 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 18th day ofJuly, 2006. t"'" ""'" n~ .L1J= City Attorney PLANNING AND ZONING COMMISSION: ~:rcJff~ APPROVED AS TO FORM: ATTEST: o 0.00 Page 7 of7