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HomeMy WebLinkAboutresolution.apz.009-10RECEPTION#: 569172, 05/11/2010 at 10:14:18 AM, 1 OF 14, R $71.00 ooc Code RESOLUTION NO. 09, SERIES O RESOLUTION ~~ / ~, Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN PLANNING AND ~..,.,,.., ~.,~..~..,~~..,~. APPROVING WITH CONDITIONS ESTABLISHMENT OF EMPLOYEE GENERATION FOR GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS SUBDIVISION, REZONING TO PUBLIC ZONE DISTRICT, CONSOLIDATED PLANNED UNIT DEVELOPMENT, AND GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR LOT 3 AND OPEN SPACE 2A OF THE MAROLT RANCH OPEN SPACE SUBDIVISION, CITY AND TOWNSITE OF ASPEN, CO, PITKIN COUNTY,COLORADO PARCEL NO. 2735-123-63-852 WHEREAS, the Community Development Department received an application from the City of Aspen, requesting approval to construct a hydroelectric plant which includes Subdivision, Amendment to the Zone District Map, Planned Unit Development plan, Growth Management allotments for an Essential Public Facility; and, WHEREAS, a hydroelectric plant, serves an essential public purpose by providing hydroelectricity to City facility thus serving the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHERAS, the Community Development Director determined that the proposed development is exempt from Stream Margin Review, pursuant to Section 26.435.040.B.2, in that the proposed utility complies to the extent practical with the Stream Margin Review Standards, and finds that it is appropriate to discuss the review criteria with the Planning and Zoning Commission to maintain transparency in the process by bringing issues associated with the development and Stream Margin area to the forefront; and, WHEREAS, the subject currently property is zoned R-30 Low Density Residential with a PUD overlay and is part of the dedicated Mazolt Ranch Open Space; and, WHEREAS, the electorate voted in 2007 to remove the subject parcel from the Marolt Open Space as stated in City Council Resolution No. 70 Series of 2007; and, WHEREAS, upon review of the application, and the applicable code standazds, the Community Development Department recommended approval with conditions, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on April 20, 2010 the Planning and Zoning Commission approved Resolution No. 09, Series of 2010, by a three to two (3 - 2) vote, Growth Management Review to determine employee generation for an Essential Public Facility and a recommendation to City Council for the approval of Subdivision, P& Z Resolution #09, Series of 2010 Page 1 of 6 Rezoning, Consolidated Planned Unit Development, Growth Management Review for an Essential Public Facility located on the property at Lot 3 and Open Space 2A of the Mazolt Ranch Open Space Subdivision, City of Aspen, Colorado 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, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standazds 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: The Aspen Planning and Zoning Commission recommends that it is expected that the Miller Consulting Group Studies be available to Aspen City Council prior to the City Council hearings on this project, and has a concern regarding minimum stream flows and recommends that City Council cazefully review this issue. Section 1: Affordable Housing The Planning and Zoning Commission approves a generation rate of 0 employees for the Aspen Energy Center. The Water Department will provide APCHA with the current employees that will be associated with the hydroelectric plant, prior to receiving a Certificate of Occupancy. Two years afrer the Certificate of Occupancy is granted, upon a request from APCHA, the Water Department will provide APCHA with the current number of employees associated with the hydroelectric plant. New Employees generated specific to the hydroelectric plant will require a new Growth Management Review for an Essential Public Facility. Section 2: 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 recommends to City Council for the approval of Subdivision, a Consolidated Planned Unit Development, Rezoning, and Growth Management Review for an Essential Public Facility for the property located at Lot 3 and Open Space 2A of the Mazolt Ranch Open Space Subdivision, City of Aspen, Colorado the following dimensional standards: P& Z Resolution #09, Series of 2010 Page 2 of 6 Table 1: Approved Dimensional Standards: Proposed Dimensional Dimensional Requirement Re uirements Minimum Lot Size 23,000 s . ft. Minimum Lot Area per n/a dwellin unit Maximum Allowable n/a Densit Minimum Lot Width 220 ft. Minimum Front Yard 30 ft. Setback 5 ft. north side yard; Minimum Side Yard and 185 ft. on south Setback side and Minimum Rear Yard 45 ft. Setback Maximum Height 27 ft. Minimum Distance n/a Between Buildings Minimum % Open No requirement. S ace Trash Access Area No re uirement. 2+025 gross sq. ft., as Allowable Gross Square indicated on the PUD Footage lat. Minimum Off-Street 0 spaces Parking Section 3: Subdivision from Marolt Ranch Open Space: Lot 3 and part of Lot 2A of the Marolt Ranch Open Space is to be removed from the Open Space inventory. The newly created lot is 23, 689 square feet as depicted on the survey. A Memorandum of Agreement approving the removal of the subject lot and the approved Open Space land exchange is required to be recorded simultaneously with the recordation of the Subdivision plat, and Planned Unit Development plat and agreement. Concurrent with the recordation of the Aspen Energy Center Subdivision and PUD plats and agreement, the Marolt Open Space PUD and SIA are required to be amended and recorded to reflect the Subdivision approval. The aforementioned recordations shall occur at the Pitkin County Clerk and Recorder prior to submitting for a Building Permit. Section 4: Amendment to the Zone District Map Upon the effective date of an act by City Council approving a development application for an amendment to the Zone District map, rezoning the subject lot from R-30 Low Density Residential Zone District with a PUD overlay to the Public Zone District with a PUD overlay, the Community Development Director shall place the amendment on the city's official zone district map. P& Z Resolution #09, Series of 2010 Page 3 of 6 Section 5: Parking Pazking is not required on site; however if a Lease Agreement with CDOT to use the Right of Way for 5 pazking spaces is granted, then the parking may be used for the Aspen Energy Center. Section 6: Environmental Assessment The City agrees to maintain the highest level of in stream protection recommended by the findings in the Miller Ecological Consultants report, the Colorado Department of Wildlife and adopted local, state and federal standards. Section 7: Noise Assessment The Aspen Energy Center shall comply with the City of Aspen noise ordinance, Title 18 of the Aspen Municipal Code. A noise analysis shall occur upon completion of the hydroelectric plant to confirm compliance with City noise standazds. A baseline sound level shall be submitted to the Environmental Health Department at the time of building permit submittal to compare to the sound impact of the hydroelectric plant afrer it is operating. Subsequent sound readings, as requested by the Environmental Health Department, shall occur to confirm compliance with City standazds. Section 8: Buildine 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. 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. f A complete geotechnical report and geotechnical design needs to be part of the permit submittal plan. g. Accessibility requirements shall meet adopted Building Code requirements. h. An approved landscape plan. Section 9: Eneineerin¢ Department Requirements The Applicant shall comply with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A final grading and drainage plan meeting all requirements of the City P& Z Resolution #09, Series of 2010 Page 4 of 6 Engineer shall be submitted and approved by the Engineering Department prior to Engineering Department sign-off on the Final Plat. Section 10: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standazds of Title 8 (Water conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 11: 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. 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 sanitazy 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 12: 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 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 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. P& Z Resolution #09, Series of 2010 Page 5 of 6 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. APPROVED BY the Planning and 7_oning Commission of the City of Aspen on this 20a' day of April, 2010. Stan Gibbs, Chairman APPROVED AS TO FORM: ames R. True, Special Counsel ATTEST: ~.L ~°, ckie Lothian, Deputy City Clerk Exhibit A: Site Plan Exhibit B: Elevations Exhibit C: Miller Ecological Consultants Memorandum P& Z Resolution #09, Series of 2010 Page 6 of 6 F . 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FED Ft~ 9 _ -- t..~.._ ~._ 9q~s~9 + i ji e. r~,s Y :5s; 6 ~ ~; ` i V -0 1 i I ~ ~ `1 _.._S__.., . ~r -. i ~m}. _ ___._..___. _~__ __ ~ 1 i i ~~ ___. 1 I xl I ' :I 4~ RIS fl g .9 .vouxuv~~wt7~a.~you i II i I ~• ~s .- C:svS' €~ 03 Ea '; 3F `c d z- os e. i ~~ s a 1 0 "$ ' v }e a e g ec > p '1 gi! g w. s ~ I y 'I °y O F ¢ F ¢ ~ i9 I i 4l C I II l ~ INS Y 2 d 9. nlh ~Z ~ g ~ • • OQtlil070J'NBdStl +' '' n, a WOH .LNV']d N3A10d B E E J ac f 3 a 5 e F E~ °c ~ '. ~~.T.~.~.7 ~.~~~~ X~~.7 ~Z.~.Sd.7 c~aa~ €gaz:e -- EXHI R 0 MILLER LCOLOCiICAL CONSULTANTS, INC. 21 I l S. College Ave., Unit D Fort Collins, CO 80525 (970)224-4505 MEMORANDUM Date; February 15, 2010 To: Phil Overeynder, City of Aspen From: William J. Miller, Ph.D. CC: Karl Kumli, Cynthia Covell Subject: Proposal for additional studies on Castle and Maroon Creek to support the license application for the Castle Creek hydt•o plant. The city of Aspen is in the process of completing the application for a conduit exemption for the Castle Creek hydro electric plant. A public meeting was held on November 12, 2009 to solicit comrents from the resource agencies and public, Two set of comments, one from the Colorado Division of Wildlife, and one from the Aspen Wildenress Workshop, requested additional studies to evaluate poteutial impacts to aquatic resow•ces. The CDOW has requested several additional studies to evaluate the impacts. These are; 1) additional R2Cross data at two locations on Castle Creek, 2) fish population and winter habitat data on Castle and Maroon creeks, and 3) surveys for Bot~eal toads. The CDOW based the request on the fact that that the original 1t2Cross data was collected over thirty years ago and is located upsheam of the points of diversion on Maroon and Castle Creeks and may not accurately reflect existing stream conditions. The existing fish data is several years old (data was collected in 1977 and 1979 for Castle Creek and 1993 for Maroon Creek). Additional and more cuneut fish and habitat data would allow the CDOW to more accurately evaluate future project operations on existing fish populations and whrler habitat cotditions. Populations of boceal toads have existed on Castle Creek (adults observed most recently in 1998), Conundrum Creek, a tributary to Castle Creek (adults last observed in 2002) and currently a robust breeding population ofborea] toads exists on East Maroon Creek. The boreal toad is presently listed as a State Designated );ndangered Species in Colorado. Miller Ecological Consu ltaots, Inc. Page 1 :~ The Wilderness Workshop asserted that the R2Cross data from Maroon Creek collected in 2000 would be applicab]e to Castle Creek. The hydrology data for each stream suggests that the Maroon Creek data would not be drrectly applicable to Castle Creek and we recommend that new R2Cross data should be collected on Castle Creek. The Wildemess Workshop also suggested that additional studies be conducted to determine an ecologically sustainable flow regime for both Maroon and Castle creeks. A fttlt year flow regime can be determined using the hydrology data and the additional data collection recommended by CDOW. The scope of work contained herin was developed to respond to those comments. We propose the following shidies to acquire the data requested by CDOW. Task 1 -Collection of additional R2Cross ])ata at two additional points on Castle Creek: a. At a point downstream of the city of Aspen Castle Creek diversion and upstream of the point of discharge from the proposed Castle Creek hydro plant, and b. At a point downsh~eam of their point of discharge and upstream of the confluence with the Rooting Fork River. We propose to collect this data prior to spring runoff if possible and would be collected using standard methods described in the publication "Development of Instream Flow Recommendations in Colorado using RZCross". CDOW also requested Aspen incorporate the additional R2Cross data the CDOW has recently collected on Maroon Cheek into the environmental report. This data was collected downstream of the Maroon Creek diversion point and upstream of the confluence with the Roaring Fork River. We propose to obtain the new CDOW R2Cross information and incorporate this new R2Cross data collected on Maroon and Castle Creeks into the environmental report. As part of this study, we plan to meet with the city and CDOW after the additional R2Cross Data has been collected and analyzed. This meeting will allow both parties to discuss how project operations and future diversions from Maroon and Castle Creeks can be optimized to minimize impacts to the natural environment of Maroon and Castle Creeks. Miller Ecological Consultnnts, Inc. Page 2 Task 2 -Fish Populafion Data. We propose to collect additional fish population data and provide additional information regarding existing winter stream habitat conditions for Maroon and Castle Creeks. The preferred time to collect this data is in the fall (September through October). However, to complete these studies as soon es possible to continue progress on this project, we propose to collect the data in the spring prior to runoff. The electroTishing data prior to spring mnoffwill result in lower densities and biomass totals due to cold water effects on fish response to electricity. Any comparison of future sampling efforts would specifically note the season of sampling. Fishery sampling is proposed to be conducted on a representative 500 foot reach of stream using standard fishery sampling tectmiques according to stipulations cited in the Scientific Collection license. Data for the analysis of winter habitat would be obtained by collecting additional cross section data in several stream habitat adjacent to the R2Cross locations. The collection of additional cross section data, and specifically, water surface elevations at two or more discharges, will allow the simulation of habitat at winter flow levels. These data would be collected concurcently during R2Cross studies, fish population surveys anti boreal toad surveys. Task 3 -Boreal Toad Surveys. We propose to collect additional information relating to possible boreal toad populations anti habitat on Maroon and Castle Creeks. We propose to conduct at least 2 or 3 daytime surveys and one night time survey be conducted at each site during the breeding season (mid-May through June), In addition, Maroon and Castle Creeks would be surveyed in August, preferably duuing a warm sunny day, below the existing diversions to determine if juvenile boreal toads are present (see attached map). The surveys would be conducted using standard procedures described in The Boreal Toad Conservation Plan and Agreement (Loeffler, 2001) and the attached amphibian survey form instructions. We will use the updated disinfection protocols that now require Sparguat prior to any surveys. Sites to be surveyed include upsheam and downsh'eam in the vicinity of the city diversion structures and around Thomas Reservoir. Task 4 -Data analysis. The above data will be anaiyzed using standard protocols for R2Cross and fish populations. In addition, the measurements taken at several stream flows will allow the analysis of habitat during low flow conditions and during runoff These additional Mnler Ecological Consultants, Inc. Page 3 measurements can be used to simulate winter habimt conditions. The surveys in May and June would allow analysis of conditions needed for the stream rtiparian area. This new data combined with the stream hydrology allows that evaluation of ecologically sustainable flows as recommended by the Wilderness R'orkshop. The analysis will include the evaluation of impacts from the proposed Castle Creek hydro plant. Task 5 -Technical Memorandum. A Technical Memoraudum will be prepared the documents the methods, data analysis, results and conclusions from the above studies. The Technical Memorandum would be completed one month after the final data collection effort. Task 6 -Meetings. We estimate the at least dine meetings will be required for the above tasks. These meeting will be a combination of face to face meetings and conference calls. Schedule The following schedule is estimated for the above work. • }32Cross measmrements -late March -early Apri12010 • Boreal toad surveys -May/June, August 2010 • Fish Population surveys -early April 2010 or September/October 2010 • Winter habitat cross sections - Concun~ent with R2Cross, Boreal Toad surveys, Fish populations • Data Analysis -Start after first 1t2Cross measulment, complete 3 weeks after final data collection (estimated September/October 2010) • Technical Memorandum -September/October 2010 This schedule assumes that a scientific collecting permit would be issued by CDOW by March 3151, 2010. Farther, the stream conditions in late March or early April would allow collection of R2Cross measurements and fish populations. The schedule will be adjusted if field conditions do not allow for collection of data in the spring. Miller Ecological Consultants, Inc. Page 4 Cost The estimated cost for the above work is $48,400.00 (Table 1). This estimate is based on our usual costs for studies similar to this effort. The following assumptions were used for the cost estimate: • The city of Aspen would assist in acquiring access for the requested studies on Castle and Maroon creeks. • Each field effort (It2Cross, Fish population data, Boreal toad surveys) would require a separate trip. • Winter habitat infolTnation would be collected concurrently with other efforts. Any changes to the scope of work as described or the cast assumptions would require a review and possible revision to the cost estimate. Table 1. Estimated cost by task for additional studies on Castle and Maroon creeks. Task Labor D[rect Total R2Cross field /winter habitat $7,25D.00 $920.00 $6,170.00 Fish Po ulatlon data $9,000.00 $1,640.D0 $10,640.00 Boreal toad surva $8 80D.00 $820.00 $8 620.00 Data anal sis $6,000.00 $- $6,000.00 Technical Memorandum $8 D00.00 $• $8 000.00 Meetin s $3,600.00 $370.00 $3 970.OD Total Estimated Cost $44,650.00 $3,750.00 $48,400.00 Miller Ecological Consultants, Inc. Page 5