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.
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P& Z Resolution #23, Series of 2007
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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.
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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
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