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HomeMy WebLinkAboutresolution.apz.023-07A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE CONDITIONAL USE TO INCREASE FAR ONSITE, SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS, DIMENSIONAL VARIANCES, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 536 W. NORTH STREET, LOTS 11, 12, 13, 14 AND 15, BLOCK 99, HALLAM'S ADDITION, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL N0.2735-121-11-808. RESOLUTION NO. 23, SERIES OF 2007 WHEREAS, the Community Development Department received an application from Christ Episcopal Church, requesting approval of an increase in floor area from 7,118 square feet to 9,000 square feet through the Conditional Use process, to establish new off street parking requirements through Special Review, Dimensional Variances, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Christ Episcopal Church qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Christ Episcopal Church, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-6 Medium Residential; and, WHEREAS, the proposed land use requests do not intend to increase Church programs, employment, or membership; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval with conditions, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on August 7, 2007, continued to August 21, 2007, continued to a Special Meeting on August 28, 2007, the Planning and Zoning Commission approved Resolution No.23, Series of 2007, by a (4 -1) vote, an increase in floor area from 7,118 square feet to 9,000 square feet through the Conditional Use process, established a new off-street parking requirement through Special Review, approved certain Dimensional Variances, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility located on the property at 536 W. North Street, Lots 11, 12, 13, Y4, and 15 Block 99, Hallam's Addition, City and Townsite of Aspen, CO; and, 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, RECEPTION#: 546631, 02!2012008 at EXHIBIT D 04:00:31 PM, 1 of 5, R $26.00 Doc Code RESOLUTION P& Z Resolution #23, Series of 2007 Janice K. Vos Caudill, Pitkin County, CO Page 1 of 5 WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets 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, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Dimensional Standards Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions an increase in floor area from 7,118 square feet to 9,000 square feet through the Conditional Use process, the establishment of new off street parking requirements through Special Review, certain dimensional Vaziances as identified in Table 1, and a recommendation to City Council for the approval of Growth Management Review for an Essential Public Facility for the property located at Lots 11, 12, 13, 14, and 15, Block 99, Hallam's Addition, City and Townsite of Aspen, CO. The approved dimensional standards, floor azea, and off-street parking are indicated in the chart below under the heading, "proposed development": Table 1: The following dimensional variances are approved solely for the proposed redevelopment. :Existing Development Pronbsed ' :;. beveloninea= ~f:: v, Rear Yard Setback (feet) 10 ~ -~-~ ~~ _ Site coverage 28% 9~ o °.u u; Floor Area (square feet) 7,118 ~ k'~~;. ~ ` ,~s~~~ ' Section 2: Conditional Use Amendment: The subject property is approved for a total of 9,000 square feet of floor azea for the design presented at the August 28, 2007 Planning Zoning meeting. Elevations of the approved design, site plan and landscape plan shall be recorded with the Pitkin County Clerk and Recorder prior to submitting for a Building Permit. Section 3: Building Permit Application The building permit application shall include the Following: a. A copy of the final City Council 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. EXHIBIT D P& Z Resolution #23, Series of 2007 Page 2 of 5 d. Improvements to the right of way shall include new grass, irrigation, and possibly the replacement of street trees, and shall be approved prior to building permit submittal. e. An excavation-stabilization plan, construction management plan (CMP), and drainage and spoils report pursuant to the Building Department's 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 construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. Staging areas will be identified in the plan, and shall indicate that the alley shall not be closed during construction. No stabilization will be permitted in the City right of way. Storm run off must be addressed. £ A complete geotechnical report and geotechnical design need to be part of the permit submittal plan. g. Accessibility requirements shall meet adopted Building Code requirements. h. An approved Landscape Plan. Section 4: Special Review: Parking Requirements The subject property is approved to have four (4) parking spaces and one (1) stacked parking space onsite. This approval amends that adopted by Planning and Zoning Commission on August 19, 1980 through the Special Review Process. A site plan shall be recorded with the Pitkin County Clerk and Recorder indicating the number of approved parking spaces prior to submitting for Building Permit. The applicant shall provide onsite bicycle storage. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof and meet the Certificate of Appropriateness regulations pertaining to size and security. Section 6: Sidewalks, Curb, and Gutter The sidewalks shall be upgraded to meet the City Engineer's standards and ADA requirements, and prior to issuance of a Building Permit, the applicant shall provide plans that meet the approval of the City Engineer. Such improvements shall be made prior to a Certificate of Occupancy. Section 7: 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 8: Sanitation District Requirements a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District's (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. EXHIBIT D P& Z Resolution #23, Series of 2007 Page 3 of 5 b. On-site utility plans require approval by ACSD. c. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. d. All ACSD fees must be paid prior to the issuance of a building permit. e. The glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. f. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. g. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 9: Exterior Lighting 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 10: Landscaping a. Vertical excavation will be required and over-digging is prohibited in this zone. This note must be represented on the building permit set. Utility connection will need to be designed and shown on the plan in a manner that does not encroach into the tree protection zones. b. Prior to the issuance of any demolition or building permits, tree removal will be approved by the Parks Department. Mitigation for removals will be paid through cash-in-lieu or on site with street trees. c. A formal plan indicating the location of the tree protection will be required for the building permit set. d. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by a contracted professional tree service company or trained member of the contractor's team. This is specific to the trees located on adjacent properties. Section 11: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze 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 12• 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 13: 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 EXHIBIT D P& Z Resolution #23, Series of 2007 Page 4 of 5 shall be deemed a sepazate, 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 28~' day of August, 2007. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, Special Counsel Jloh/n Rowl~ajnd, Ch rrman / / ~~ JatiN 2GW ~,N N ATTEST: ~ ~ A ~~t ~ ~ C tt ~Q ~~Z V ackie Lothian, Deputy City Clerk EXHIBIT D P& Z Resolution #23, Series of 2007 Page 5 of 5