Loading...
HomeMy WebLinkAboutresolution.apz.011-09Resolution No. 11 (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING CONDITIONAL USE REVIEW AND RECOMMENDING APPROVAL OF CONSOLIDATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT 808 CEMETERY LANE, CITY OF ASPEN, PITHIN COUNTY,COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6`h P.m., City and Townsite of Aspen; and, WHEREAS, at their regulaz meeting on December 1Q 2008 (after opening and continuing the public heazing on this matter on January 9, 2008, February 27, 2008, and June I1, 2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standazds and "City of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held apre-application conference with Community Development staff; and, WHEREAS, the Applicant submitted an application for Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24`h 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this resolution; and, WHEREAS, a publicly noticed site visit was held on July 15`h, 2009; and, RECEPTION#: 562525, 09/04/2009 at 09:17:25 AM, Resolution No 11, Series 2009 t OF 9, R $46.00 Doc Code RESOLUTION Page 1 of 7 Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the Planning and Zoning Commission reviewed the application upon recommendation from the Community Development Department on July 21s`, 2009 during a noticed public heazing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standazds and that the approval and recommendation of approval of the land use requests is consistent with the goals and objectives of the Aspen Area Community Plan; 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; and, WHEREAS, The City of Aspen Planning and Zoning Commission voted in favor of the application by a unanimous vote of 6 - 0 by those present. 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Conditional Use Review and recommends approval of: Consolidated PUD Review, Amendment to the Official Zone District Map, and Growth Management Review for an Essential Public Facility to City Council, based on the following conditions. a) The Red Butte Cemetery Association shall develop an ongoing management strategy in coordination with the City of Aspen Parks Department for the vegetation on site, specifically the cottonwoods. This applies both to existing conditions on the southem portion of the property and the planned expansion northward. The expansion should be generally consistent with the existing character and pattern of the vegetation and grid system found in the southern portion of the cemetery. b) Storage of heavy equipment shall be within the activity envelope displayed on the site plan. This shall not apply to any easement agreements on the cemetery that provide for equipment to work on the property. c) Heavy equipment or trucks with diesel engines shall be plugged in for engine heat for at least 12 hours prior to starting during winter months when temperatures are below 40 degrees Fahrenheit. d) A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the spoils cribs as Resolution No 11, Series 2009 Page 2 of 7 indicated on the Activity Envelope Plan. In the azea of this exclusion, there shall be a boulder retaining wall to protect the edge of bank similar to that shown in Exhibit A. e) The number of employees generated is determined to be one (1) for the existing use. An employee audit by the Red Butte Cemetery Association shall occur no later than two (2) years afrer a C/O has been issued. f) The maintenance facility shall not be used as a living unit or as a place to sleep overnight. g) Operation of the maintenance facility shall coincide with daylight hours, excluding emergencies and work undertaken by beneficiaries of any easements upon the cemetery property. Section 2: Buildine Permit AaPlication The building permit application shall include the following: a. A copy of the final recorded Ordinance. b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and afrer construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils (as mentioned in DRC comments, Exhibits B and C) reports pursuant to the Building Department's requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in the adopted PUD. The Commission recommends the following standards: Resolution No 11, Series 2009 Page 3 of 7 m..mo f. n.,, eed 0:... 41 Rw nfc fnr P11D TABLET DIMENSIONAL REQUIItEMENTS FOR THE RED BUTTE CEMETERY PUD Requirement Proposed Conditions Minimum Lot Size The cemetery is 16.8 acres in size. Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width The cemetery is a minimum of 1,275 feet wide. Minimum Front Yard The maintenance facility will be a minimum of 340 feet from the front property line. The Victorian cabin will be a minimum of 390 feet from the front property line. Minimum Side Yazd The maintenance facility will be a minimum of 170 feet from the side property line. The Victorian cabin will be a minimum of 15' from the side property line. Minimum Rear Yazd The maintenance facility will be a minimum of 165 feet from the reaz property line. The Victorian cabin and the outhouse will be a minimum of 130 feet from the rear property line. Maximum Height The maintenance facility will have a height that is a maximum of 20 feet to the peak of the roof. Minimum Distance Between Buildings on The Victorian cabin will be a minimum of 10' from the the Lot outhouse. Minimum Percent of Open Space A minimum of 95% of the site will be open space. Maximum External Floor Area Ratio The maintenance building will contain a maximum of 1,300 sq. ft. of floor area. The Victorian cabin and outhouse will contain a combined maximum of 275 sq. ft. of floor azea. Notes: See Exhibit B which identifies which property boundaries are the front, side and reaz yards. Setbacks aze measured from building facades, not the envelopes. Resolution No 11, Series 2009 Page 4 of 7 Section 4: Eneineerin2 Building permit submission Municipal Code, Title 21 engineering department. shall be compliant with all sections of the City of Aspen and all construction and excavation published by the Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: 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 7: Sanitation District Reauirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: Exterior Liehtine 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 for both Residential and Non-residential lighting standards. If there is a conflict between the two regulations, the more restrictive shall apply. Section 9• The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 10: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 11: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Resolution No 11, Series 2009 Page 5 of 7 Section 12• The establishment of a vested property right shall not preclude the application of ordinances or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regazd, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 13: 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 14: This resolution shall not effect 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 15: 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Resolution No 11, Series 2009 Page 6 of 7 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 21st day of July, 2009. APPROVED AS TO FORM: PLANNING AND ZONING Jim True, Special Counsel ATTEST: ackie Lothian, Deputy City Clerk List of Exhibits Exhibit A: Barrier wall details. Exhibit B: Site Plan Exhibit C: Parks DRC comments Exhibit D: Engineering DRC comments Resolution No 11, Series 2009 Page 7 of 7 ~XNlr3ir A P P -~ P T R { F P I I i I ~~ I~ ~~ I~ i i I I ~~ ~Q~. 0 ,~ c e`e 4ea p~~ ~~z n ~' ~' 2 2 ~ ~ d ~ R P Wr r ug Z r, W ~-(~~ ~`V_ O e~ r_ ~~1 Zz w ~' P j =y U ~ o e ~ ~'ZPa il'o~ ~ ~~ ~ ~ (~ ~ _ ~ x M ~~~ ~ ~ ~~~`~ ~ z~2 P~m v a ~ ` ~ r, z~k ~ ~' D ~e Yfsr F~ipp,~ LLtt4 GLL6Stq I eunb ceuoe H~buly P~reer7 III 6 6 i 0 \~ ~4 l~1 1-Oe~TIOM o X' y 1u De4GVea44o LLTLITLS ~ ~ C \ ~~ ~~ (f ~ ~6uLlpx- Z BLeckS 1 O r [~ o .~, z Q~C z L u 1 Q tl j u 6 ~ F 0 1 z o : ~ Z Y ~ J J ? ,Qi t d -.. t i F b J ' i n s L.rTs r 0 c e 1~ ~ ~a i a 4 ~ n~.u. a.~~~ ~RN~I'33tT bT3 aLa~' o lec < Lor 9 1-r zar ^rts , ,..L r..Dew i~ ~ ~ ;~; ¢~ / ~~ '~ I O y y/ e.pe«u wea rs trim[ Y y - d J , ~ :. . ~~ rH Av e.l-l4e C4aT L C - cGSCK 9 P 4 K_T f4 L!T°rS_f_ZNfIZDY SGb LC 1"~ SE -~ P~nf.D ON SUtVCT D14S C4 loe Pr a~ ulc-wwas it/o~ Na0.11~CL T LLNOW GI4MLD So4T+CC.IVi DLYIIAO P~L9 ~A OI~IUC LoT 9 GYGrLC ~~~K oLLri'D C N P 5 V ' ~y `\ RED BDTTE CEMETERY PLANNED UNR DEVELOPMENT SDBMIS4ION ASPEN PLANNING B 7ANDYC COMMISSION 3F IMY.]~f CM@6MWX6EPf111FE('IIIR l10 y1T16EFEXX i1RFFT Rl 6RJ1,(ggMd1,F1{II Im1Af f1A