HomeMy WebLinkAboutresolution.apz.012-10RESOLUTION NO. 12, SERIES OF 2010
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
"`~ APPROVING WITH CONDITIONS 8040 GREENLINE REVIEW AND
RESIDENTIAL DESIGN STANDARDS VARIANCES FOR BUILDING
ORIENTATION AND BUILD-TO LINES FOR 934 S. MILL ST., SUBDIVISION:
TOP OF MILL PARCEL 5, ASPEN, COLORADO
PARCEL N0.2737-182-02jg4,5
WHEREAS, the Community Development Department received an application
from Ian and Isabelle Loring, represented by Sunny Vann of Vann Associates LLC,
requesting approval for 8040 Greenline Review and Residential Design Standazd
variances for Building Orientation and Build-to Lines; and,
WHEREAS, the Applicant's property, Top of Mill Parcel 5, is located within the
Lodge Zone District with a Planned Unit Development overlay (L/PUD) in the Top of
Mill Subdivision (Aspen Mountain Subdivision) PUD; and,
WHEREAS, upon review of the application, and the applicable Code standards,
the Community Development Department recommended approval of the land use
requests; and,
WHEREAS, during a duly noticed public hearing on June 1, 2010, the Planning and
Zoning Commission reviewed the application upon recommendation from the Community
Development Department and approved Resolution No. 12, Series of 2010, by a (5 - 2 )
.,_ vote, approving "8040 Greenline Review," and variances to the Residential Design
Standards for Building Orientation and Build-to Lines; 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 fmds 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 welfare.
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 City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves "8040 Greenline Review"
and two variances to the Residential Design Standazds for Building Orientation and
Build-to Lines for Pazce15, Top of Mill Subdivision/PUD, City of Aspen, Pitkin County,
Colorado, under the following condition:
...r
RECEPTION#: 570390, 06/10!2010 at
08:58:09 AM,
1 OF 10, R $51.00 Doc Code
RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
P& Z Resolution 12, Series of 2010
Page 1 of 4
a) The design of the ADU must satisfy the ADU/Carnage House requirement for
snow shedding along the entrance, access, and stairs. This requirement can be
found under Section 26.520.050(7) of Title 26.
Section 2• Buildine Permit Aonlication
The building permit application shall include the following:
a) A copy of the final recorded Resolution printed on the cover page of the building
b) Engineered drawings for the deflection wall (as shown on PUD plat).
c) If required, a drainage plan, including an erosion control plan prepazed by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after 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 reports pursuant to the Building Department's requirements. The
requirement for a tree protection plan is intended to solely address any trees and
their drip line areas that would be affected by construction activities, including
protection (such as designated construction routes and temporary fencing) that
will be necessary to minimize the impacts on existing trees from construction
traffic. The CMP plan shall address traffic management, construction staging,
and accurately represent proposed construction hours.
e) As applicable, a fugitive dust control plan to be reviewed and approved by the
Environmental Health Department.
Section 3: Eneineerine/Draina~e
Building permit submission shall be compliant with all sections of the City of Aspen
Municipal Code, Title 21 and all construction and excavation standazds published by the
Engineering Department.
Section 4• Water Denartment Requirements
The Applicant shall comply with the City of Aspen Water System Standazds, 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 5: 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.
Section 6: Fire Mitieation
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).
P& Z Resolution 12, Series of 2010
Page 2 of 4
The capacity of the water utilities shall be assessed to determine if there is adequate
volume for fire suppression.
Section 7: Vested Proaerty Ri¢hts
The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) yeazs from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not pazt of the approved site-specific development plan shall not result in
the creation of a vested property right.
Section 8•
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 9•
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 10•
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.
{Signatures on following page}
P& Z Resolution 12, Series of 2010
Page 3 of 4
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1st day
of June, 2010.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMIS ON:L~~~~-Z~J
awes R. True, Special Counsel Stan Gibbs, Chairman
ATTEST:
U.CJ
ckie Lothian, Deputy City Clerk
ATTACHMENTS:
E~I[BIT A -Site plan (showing building envelope)
EXHIBIT B -Architectural elevations
P& Z Resolution 12, Series of 2010
Page 4 of 4
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