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HomeMy WebLinkAboutresolution.apz.013-08_ RECEPTION#: 548153, 04/08/2008 at 11:00:09 AM, 1 OF 5, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 13, (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, FOR THE PROPERTY COMMONLY KNOWN AS 1310 RED BUTTE DRIVE, AND LEGALLY DESCRIBED AS LOT 2, BLOCK 2, RED BUTTE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-0130-3012 WHEREAS, the Community Development Department received an application from AV-20 Properties, LLC, represented by John Muir Architects, requesting approval from the Planning and Zoning Commission for Stream Margin Review for the construction of asingle-family residence located at 1310 Red Butte Drive; and, WHEREAS, the Applicant's property is a 30,896 sq. ft. lot located in the R-30 Zone District in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Applicant has had a Development Review Committee (DRC) meeting on January 9, 2008 and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, on February 27, 2008, the Applicant had a Development Review Committee (DRC) meeting and received comments from referral agencies, which requested another DRC meeting prior to the public hearing; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the Stream Margin RevierC+ Standards; 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, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of 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 is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approves the Stream Margin Review request, with conditions to construct asingle-family residence at 1310 Red Butte Drive, by a vote of five to zero (5 - 0), and, WHEREAS, the City of Aspen 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 PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the Stream Margin Review with the following conditions: 1. A fisherman's easement granting public fishing access within the high water boundazies of river course shall be granted via a recorded "Fisherman's Easement" prior to issuance of the building permit. Section 2: The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. The building permit application shall include the following: a. A copy of the final P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. 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. d. 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 for review and approval by the City Engineer and Streets Department Superintendent. Also included in the CMP should be the following topic; erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan. e. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. A detailed demolition plan is required with attention provided to the debris and storage near the river. g. The building shall meet the minimum top-of--slope requirement and the forty-five (45) degree progressive height limit as required by Stream Margin Review standards. h. The Zoning Officer shall verify compliance with Floor Area Ratio standards. Section 3: The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering and Parks Departments. 1. The Applicant shall submit a detailed plan for erosion control. Plans should detail location of fencing and type of fencing. This fencing, at a minimum, shall consist of barrier fencing at the top of slope. Beyond this barrier fencing shall be silt fencing installed to the City of Aspen standards. Additional erosion control measures may be necessary depending upon the site. Silt fencing shall be installed along the top of slope. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. 2. There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. Additionally, Due to the location of excavation and work around the large cottonwoods located in the front of the structure the parks Department will require specific root protection measures to be used through out the length of the project. The project representative shall meet with the Parks Department to work out these details and show these plans in the building plan set. 3. An approved tree permit is required before approval of the building permit. An approved tree permit requires a proposed landscape plan identifying trees for removal and means and schedule for mitigation. Please contact the City Forester for more information 920-5126. 4. Native Restoration is required below the top of slope. This area has been severely degraded. In order to protect the riparian comdor and flood protection the applicant is required to replant and seed the entire stream bank with native vegetation. This restoration component shall be represented on the landscape plans. 5. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. When planning for new water line and sewer taps, plan around all tree drip zones and existing vegetation. A. A formal plan indicating the location of the tree protection shall be required in the bldg permit set. B. There will be no storage of construction materials, backfill, tools or construction traffic inside of the protective fence. C. There shall be no excavation or disturbance of the native area inside of the protective fence. D. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. 6. Parks is requiring a detailed plan outlining access to and from the construction area. Access plans should detail all vegetation protection measures and construction staging areas. The primary contractor shall submit a letter with the building permit application stating that they have read and understand the conditions of approval contained herein. 8. The Applicant shall provide a drainage plan prepared by a licensed engineer prior to building permit issuance that demonstrates that the property's historic runoff will not be increased as a result of the addition approved herein. Section 4: 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 5: The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if the building is over 5,000 square feet in area. Section 6: 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 7: The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require 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. Any glycol heating and snowmelt system must be designed to prohibit any discharge of glycol to any portion of the public and private sanitary sewer system. Section 8: A Colorado licensed engineer shall verify that groundwater will not negatively impact the proposed construction. Section 9: All applicable Impact Fees and School Land Dedication shall be paid at time of building permit issuance. Section 10: 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, 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 11: 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 12: 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 of Mazch, 2008. APPROVED AS TO FORM: City Attorney PLANNING AND ZONING C SSION: 0 c~ Erspamer, Chair ATTEST: 'LfiU //V ackie Lothian, Deputy City Clerk