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HomeMy WebLinkAboutresolution.apz.019-08AMENDED RESOLUTION N0. 19 (SERIES OF 2008) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR ASINGLE- FAMILY RESIDENCE ON LOT 1, MOSES LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 800 SOUTH ASPEN ALPS ROAD. Parcel No. 2737-182-56-003 WHEREAS, this resolution amends the resolution filed at reception no. 550520 by setting forth the actual resolution number and correcting typographical errors within the original resolution, including the resolution no. cited in Section 2 and correcting the approval date of the resolution; and, WHEREAS, the Community Development Department received an application from Gerald Grayson, represented by Stan Clauson Associates, Inc., requesting approval of an 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split; and, WHEREAS, the subject property is approximately 0.6 acre and is located in the R- 15 (PUD) Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately .,,. 8,056 - 8,130 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on June 3, 2008, the Planning and Zoning Commission approved with conditions, by a 3 - 2 vote, the Lot 1, Moses Lot Split 8040 Greenline Review; and, WHEREAS, the Aspen Planning and Zoning Commission finds 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: RECEPTION#: 571868, 0 7/0 812 01 0 at 02:10:49 PM, 1 OF S, R $36.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO ~.~ Section 1 ,,, Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Lot 1, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Lot 1, Moses Lot Split, is hereby approved with the following conditions: 1. The allowable floor area of the new single family home shall be no greater than 3,800 squaze feet. The maximum height shall be 25 feet. 2. No further development shall occur on Lot 1, Moses Lot Split outside of the building envelope approved by Resolution No. 019, Series of 2008. 3. All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 4. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 5. Prior to obtaining a building permit, the applicant shall submit an engineering assessment of S. Alps Road, specifically regarding the load-bearing capability of the road in relation to the use of heavy construction equipment and emergency response appazatus, to be reviewed and accepted by the City Engineer. ~«- 6. The building permit application shall include the following a) A copy of the final Planning and Zoning Commission Resolution. b) The conditions of approval printed on the cover page of the building permit set. c) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences azound the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the excavation and stabilization measures. The Excavation Stabilization Plan must be stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC - R401.3 and IBC - 1805.3.4). e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standazds. IBC Section 3307.1 requires that provisions - be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A soils and foundation report, shall be reviewed and accepted by the City Engineer with the Building Permit. g) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root trenching will be required around all trees with excavation next to and/or under the drip line. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in "" this zone. This note must be represented on the building permit set. A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage of materials, project access, and construction foot traffic is prohibited beyond this fence. Restoration of the azea along the fence line will be of native quality and approved by the Parks Department. Supplemental planting in the native azea is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones. h) The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Mazshal will be installed. Afire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion of the Aspen Fire Marshal. i) A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Mazshall. j) A completed tap permit for service with the Aspen Consolidated Sanitation District. k) A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction pazking, which shall demonstrate that except for essential trade trucks, no other personal trucks aze to be parked in the area azound the site.- The management of the Aspen Alps Condominium Association shall be consulted in the prepazation of the Construction Management Plan. 1) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. m) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 7. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit. 8. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 9. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. Section 2: The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundazies of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised "°° Statutes, pertaining to the following described property: Lot 1, Moses Lot Split, by Resolution No. 19, Series of 2008, of the Aspen Planning and Zoning Commission. Section 3• 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 4• 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 5: 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 the 3rd day of June, 2008. APPROVED AS TO FORM: ..~..- z Jim True, Assistant City Attorney PLANNING AND ZONING COMMISSION: I ~_ rian Spec A Chair ATTEST: J ckie Lothian, Deputy ity Clerk Items presented during the Public Hearing -June 3rd, 2008 (7a 4:30 pm ~... Exhibit 1 -May 22, 2008 Engineer's Assessment of South Aspen Alps Road from Yeh and Associates, Inc. Presented by the applicant. Exhibit 2 - 24 x 36 Entry perspectives (Included as Attachment 4 in the application) Exhibit 3 - 24 x 36 Site Plan (Included as Exhibit 4) Exhibit 4 - 24 x 36 North Elevation (Included as Attachment 4) Exhibit 5 - 24 x 36 South Elevation (Included as Attachment 4) Exhibit 6 -Photos submitted by Aspen Alps Condominium Association RESOLUTION No. 20 (SERIES OF 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, RECOMENDING THAT THE CITY COUNCIL APPROVE A REQUEST FOR A ZONE DISTRICT DESIGNATION OF R-15 FOR 201 SOUTH 7`" STREET, MORE COMMONLY KNOWN AS LOT 3, ADAMS SUBDIVISION, PITKIN COUNTY Parcel Identification Number 2735-123-15-003 WHEREAS, Sheri Sanzone of Bluegreen located at 300 South Spring Street, Suite 202, Aspen, Colorado on behalf of Guyasuta Seventh Street, 201 S. 7~' Street, Aspen, Colorado, submitted a request for a map amendment in conjunction with an annexation application, dated February 12, 2008 to the Planning and Zoning Commission; and WHEREAS, the request is to receive a zone district designation recommendation of R-15; and WHEREAS, this resolution is null and void if the City Council does not approve the annexation application and the annexation does not occur; and WHEREAS, the Planning and Zoning Commission reviewed and considered the annexation petition and application for zoning 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 on June 3'd, 2008; and, WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, this matter came on for hearing before the City Council on April 28, 2008 to approve a Resolution of Substantial Compliance; and WHEREAS, the City finds substantial compliance with said State statutes, Section 31-12-104 C.R.S, in that the property to be annexed is specifically greater than one-sixth contiguous to existing corporate limits, has a community of interest with the City of Aspen, is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City of Aspen; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; 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 TT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT: Section 1. Findings of Fact. The Planning and Zoning Conunission makes the following findings of fact: 1. A request for the zoning application was initiated by: Sheri Sanzone, representative from Bluegreen, 300 South Spring Street, Suite 202, Aspen, Colorado on behalf of the owner Guyasta Seventh Street LLC, 201 South T" Street, Aspen, Colorado. 2. Notice of the proposed zoning designation of Moderate Density Residential (R-15) has been provided to surrounding property owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. This proposal meets the objectives of the Aspen Area Community Plan. This property is located - in the urban growth boundary with a residential designation. Section 2• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of the zoning application request for the said lot to be Moderate Density Residential (R-15). Section 3• 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 4: 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. Section 5• All material representations and commitments made by the Applicant pursuant to the 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 approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED AS TO FORM Tim True, Assistant City Attorney INTRODUCED, READ AND ADOPTED by the Planning and Zoning Commission of the City of Aspen on the 3rd day of June 2008. t Brain Speck cting airperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Planning and Zoning Commission of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. ~ -,v ackie Lothian, Deputy City Clerk ~,.~ RESOLUTION NO. 21 Series of 2008 WHEREAS, Dylan Johns has skillfully and faithfully served as a City of Aspen Planning and Zoning Commission member and chairperson; and WHEREAS, Dylan is a talented architect whose design background and knowledge aided other members of the commission to better understand development projects that were reviewed; and WHEREAS, Dylan, as chairperson, aided new members to better understand the public hearing process; and WHEREAS, Dylan participated in numerous work sessions in addition to regular meetings, but was somehow able to make time for his career and cycling; and WHEREAS, the City will miss Dylan's knowledge and participation on the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Aspen, Colorado, by this resolution, that Dylan Johns be commended for his service to the City of Aspen. DATED: June 3, 2008 Brian Speck, Acting Chair ATTEST: ~C~.e~ J e Lothian, eputy City Clerk ti.