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HomeMy WebLinkAboutbocc.res.130.2010 RECEPTION#: 575020, 11/10/2010 at 11:05:12 AM, 1 OF 2, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County. CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE BRUSH CREEK LAND COMPANY LLC SPECIAL REVIEW OF OFFICE SPACE OVER 1,500 SQUARE FEET AND GMQS EXEMPTION FOR COMMERCIAL DEVELOPMENT CHANGE IN USE Resolution No.a4-2010 RECITALS 1. Brush Creek Land Company LLC and Aspen Skiing Company ( "Applicants ") have applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to create office space which will exceed the established limit of 1,500 square feet within the B -2 district of the Aspen Airport Business Center. Pursuant to Sections 4- 30- 40(P)(2) and 2-30 - 30(H)(2) office space may exceed the 1,500 square feet limit by Special Review. Section 6- 30 -160 of the Land Use Code provides a GMQS Exemption for Commercial Development Change in Use, subject to compliance with specific criteria. 2. The parcel is in the B -2 zone district and contains approximately 20,900 square feet. 3. Said parcel is located at 311 AABC and is more specifically described as Block 4, Lot 3 -C, AABC. 4. The BOCC heard this application at a duly noticed public hearing on October 13, 2010, at which time evidence and testimony were presented with respect to the application. 5. The BOCC finds that the Special Review Use and GMQS Exemption for Commercial Development Change in Use to allow for office space to exceed the 1,500 square foot limit is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby grant Special Review of Office Space Over 1,500 SF and GMQS for Commercial Development Change in Use approval for the Brush Creek Land Company LLC and the Aspen Skiing Company building in the AABC, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all conditions and material representations made in the current application and shall consider those representations to be conditions of approval, unless amended by other conditions or as amended herein. 2. All previous conditions of approval on the property shall remain in effect unless modified by the terms of this approval. 3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. 4. The Applicants shall be allowed to occupy a total of 3,755 square feet as office space in the existing building at 311 AABC. 5. In the event the Applicant wishes to convert the remaining square footage of the building to office space or other change in use, the Applicant shall submit the appropriate development and building permits to obtain approval, prior to the commencement of any construction activity. 6. All signage associated with the facility, shall meet the requirements in Section 7 -60- 50 of the Land Use Code. 7. All equipment associated with the facility must comply with the noise ordinance specifications as described in the Pitkin County Code, § 6.36.030. 8. The Applicants shall submit and obtain a ROW permit for all utility work in County roads. 9. Prior to the issuance of any building permits, the Applicant shall: a. Pay the employee housing impact fee for 8.8 employees as determined by the BOCC. In lieu of payment of a housing fee in cash, the Applicant may provide appropriate financial security, subject to the County Attorney's approval. The financial security shall remain in place pending the potential determination of a land dedication agreement with the BOCC. b. Pay the applicable road impact fees. c. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. d. Submit a detailed re- vegetation plan for disturbed areas with appropriate seed mixes. e. Submit a detailed landscape plan for screening of mechanical equipment. NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 12 day of September, 2010. APPROVED AND ADOPTED ON THE 13TH DAY OF OCTOBER 2010. A ZEST: BOARD OF COUNTY COIMIIVIISSIONERS ITKIN CO , COLORADO , A/ - e Dean, Clerk to the BOCC George Ne an, Cha APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, Co orney Community Development Director Case #P065 -10 PID# 264334409001