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Home My WebLink Aboutresolution.apz.034-06 1111111111111111 111111 ~;~~~~;1:9 : 35~ JANICE K VQS CRUDILL PITKIN COUNTY CO R 21.00 D 0.00 RESOLUTION NO. 34 - 2006 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT FOR THE CONVERSION OF CONDOMINUlM MEETING SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT; AND FURTHER RECOMMENDING THAT THE ASPEN CITY COUNCIL APPROVE A SUBDIVISION AND CONDOMINIUMIZATION ASSOCIATED WITH A OF CONVERSION CONDOMINIUM MEETING ROOM SPACE AND COMMERCIAL SPACE TO ONE (1) FREE MARKET RESIDENTIAL UNIT FOR THE PROPOERTY LOCATED AT 133 PROSPECTOR STREET, CONDO: ASPEN HIGHLANDS CONDO PH 2 AND ASPEN HIGHLANDS BLOCK H CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2735-142-13-550/552 WHEREAS, the Community Development Department received an application from Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial PUD Amendment, and a Subdivision Amendment, to convert one (I) commercial space and a condominium meeting space in Building 2 to one (I) free-market residential unit; and, WHEREAS, the subject property is in the Aspen Highlands Village PUD; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the proposed conversion of commercial and condominium meeting space to a Free Market residence and associated land use requests; and, WHEREAS, during a duly noticed public hearing on December 5, 2006, the Planning and Zoning Commission did not pass Resolution No. 34 Series of 2006, by a two to three (2 - 3) vote, approving a Substantial PUD Amendment for the conversion of commercial and condominium meeting space to one (1) free-market residential unit at 133 Prospector Street. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of office/retail space to free market residential; and, WHEREAS, the Planning and Zoning Commission approved a motion to reconsider the Application on December 19, 2006 in order to clarifY the action taken on December 5, 2006 by a four to zero (4 - 0) vote; and, WHEREAS, upon reconsideration on December 19, 2006, the Planning and Zoning Commission moved to continue the reconsideration to January 2, 2007; and, WHEREAS, upon reconsideration on January 2, 2007, the Planning and Zoning Commission moved to continue the reconsideration to February 6, 2007; and, WHEREAS, upon reconsideration on February 6, 2007, the Planning and Zoning Commission approved Resolution No. 34 Series of2006, by a three to two (3 - 2) vote, approving a Substantial PUD Amendment for the conversion of condominium meeting room space and commercial space in building 2 of the Aspen Highlands PUD to one (I) free market residential unit. The resolution further recommended to the City Council the approval of the requested subdivision associated with the conversion of condominium meeting room space to retail space; and, Resolution No. 34, Series 2006 Page I 1111111111111111111111 ~;~~~~;1:9 : 35' JANICE K vas Ci=lUDILL PITKIN COUNTY CO R 21.00 D 0.00 WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the proposed change-in-use and related subdivisionlcondominiumization requests meet the applicable development standards and are consistent with the goals and elements of the Aspen Area Community Plan; 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 PUD Amendment for the conversion of condominium meeting space and commercial space in Building 2 of the Aspen Highlands PUD to one (I) free market residential unit; and further recommends that the Aspen City Council approve a subdivision and condominiumization associated with a conversion condominium meeting room space to retail space for the property located as 133 Prospector Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 and ASPEN HIGHLANDS BLOCK H City of Aspen, CO, Pitkin County, Colorado. Section 2: Plat and Al!reement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve a subdivision amendment for the conversion in use and that, should City Council grant subdivision approval, the Applicant shall record a revised subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such approval. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to the Certificate of Occupancy. Section 3: PUD Plat and Al!reement 1. An Amended PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C), as determined to be necessary by the Community Development Department. 2. An Amended PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final condominium plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Resolution No. 34, Series 2006 Page 2 111111I111111111111111111111111 II ~~~~~~;;:9 . 351 JANICE K vas CAUDILL PITKIN COUNTY CO R 21.00 0 0.00 . Section 4: Buildinl! Permit Application The building permit application shall include the following: a. A copy ofthe final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. d. A construction noise suppression plan submitted to the City of Aspen Environmental Health Department if the construction of this project will create noise greater than 80 decibels. e. A construction management plan (CMP), pursuant to the Building and Engineering Department requirements. The CMP 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 CMP shall meet all the requirements described in Section & of this resolution. f. Accessibility and ADA requirements shall meet adopted building code requirements. Section 5: Dimensional Requirements The proposed development as presented in the plans contained within the application dated May 24, 2006 and the application amendment dated November IS, 2006, complies with the dimensional requirements of the PUD. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. Section 6: TrashlUtiIitv Service Area All trash containers used in construction shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. All other trash/utility service areas shall comply with previous approvals in the PUD. Section 7: Construction Manal!ement A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepared by the developer and accepted by the Community Development Director. Resolution No. 34, Series 2006 Page 3 \ III\\\Il\1 "III "III I\\\n\ 1\\11"\ \\\Il II IIII \"1 :;~~~~;1:9 : 351 JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00 As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required if the City's right- of-way is used for construction purposes. Section 8: 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 9: 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 10: 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 6th day of February, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ffR'?/LLft Attorney ~ Ruth Kruger, Chair ATTEST: G:\cityVessica\Cases\AHV PUD Amend\Substantial\feb 6 2007 hearing\AHV conversion reso AS PASSED.doc Resolution No. 34, Series 2006 Page 4