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Home My WebLink AboutLand Use Case.1001 Ute Ave.87A-78- I 1001 Ute Ave. 8040 Greenline Review 2737-182-00-063 87A-89 P - .j '0Â©*tt/Al/* 4. CR '41 1 il r 4- . 1 3,/1 ft-z, 644 fl- 11 t f 99-1 5- â„¢t Â¢ - :,1...-: 4, 7 /-0 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVEÂ»: 9/6/89'"R~ PARCEL IÂ» ANÂ» CASE Ne. BATE COMPLETE: 2737-182-00-063 87A-78 STAFF MEMBER: *4 Gh PROJECT NAME: 1001 8040 Greenline Review. Conditional Use & GMQS Exemption Project Address: Legal Address: APPLICANT: 1001 Ute Avenue Partnership. c/o Rick Neilev Applicant Address: 600 East Hopkins. Suite 3. Aspen. CO 81611 REPRESENTATIVE: Sunny Vann. Vann Associates Representative Address/Phone: 230 East Hopkins Aspen. CO 81611 5-6958 PAID: YES NO AMOUNT: $950.00 NO. OF COPIES RECEIVED: 9 TYPE OF APPLICATION: 1 STEP: 9~0' 2 STEP: P&Z Meeting Date 1j11 PUBLIC HEARING: ~ NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: / City Attorney Mtn. Bell School District 4 City Engineer Parks Dept. Rocky Mtn Nat Gas 4 Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector 7 Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: 1 1 siolrl INITIALS: ~~ ' FINAL ROUTING: DATE ROUTED: /~/c-/~9/ INITIAL:(ftc-/ 1 /1 City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: 0 c 1 -~ p.442 0 - ATTACHMENT B MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: 1001 Ute Avenue PUD/Lot Split/8040 Greenline review DATE: 4 November 22, 1988 REQUEST: Approval of a conceptual PUD submission. This application involves a 4 step PUD application. The Planning Commission Will be reviewing the first step (conceptual submission) at tonight's meeting. In addition, the application involves a Lot Split application which is reviewed by the City Council at the final step of the PUD review. The Planning Commission is also responsible for the final approval of an 8040 greenline review which is to be acted on at the third step of the review. The following chart will hopefully clarify the review process for this project: Step 1 - Conceptual PUD review by the Planning Commission. Step 2 - Conceptual PUD review by the City Council. Step 3 - Final PUD anmd 8040 Greenline review by the Planning Commission. Step 4 - Final PUD anmd Lot Split review by the City Council. APPLICANT: The applicant for the project is Peter Coventry who has a contract to purchase the property from Aspen Development and Construction Company. LOCATION: 1001 Ute Avenue; across Ute Avenue from the 1010 Ute Avenue PUD and bordered on the west by the Aspen Chance PUD. ZONING: The area proposed for development is in the R-15 PUD zone district. A portion of the property is located in the City's Conservation Zone district and the most southerly portion of the parcel is located in the County and is zoned AF-1. SITE DESCRIPTION: The site is an old mine dump area for the Smuggler Durant Mines. In more recent years the northern portion of the site has contained 3 tennis courts adjacent to Ute Avenue. The southern portion of the site is heavily wooded and appears to be the natural, undisturbed terrain of Aspen Mountain, while the mid-portion of the site is piled with mine tailings. DESCIPTION OF THE PROPOSAL: The applicants wish to create two single family homesites on the 6.73 acre parcel. These homesites are to be sold to individuals who Will construct the homes. In addition, the application - proposes an open space parcel which would be in the common ownership of the two proposed lots. This parcel would be deed restricted against any further development. The application before the Planning Commission tonight is a conceptual PUD review. The property is zoned R-15 PUD which requires that any development other than a single family residence be reviewed under the PUD provisions of the Land Use Code. The main reason this site was zoned PUD is because of its steep slope considerations. Regrading of the property is required in order to develop the site. In addition, the existing tennis courts located on the northern boundary of the parcel, adjacent to Ute Avenue are proposed to be moved 30' to the west. The relocation of these tennis courts is subject to an agreement with the Gant Condominiums. The Gant has leased the land for the courts for a number of years pursuant to the agreement found as an appendix to the application. The southerly portion of the site is located above the 8040 greenline and the proposed development is within the boundaries of the 8040 greenline review. HISTORY: This site was considered in 1986 for a GMQS allotment. The proposed development of a (4) Lot Subdivision was denied after not meeting the threshold scoring under the Growth Management scoring system. REFERRAL COMMENTS: 1. Engineering: In a memorandum dated November 16, 1988, Jim Gibbard of Engineering Department makes the following comments: 1. A general plan should be submitted which shows the building height for any future development and relation to natural features of the site. 2. The applicant should be aware that in the final development plan, the following will need to be submitted: a. A slope analysis which has been prepared by a registered land surveyor. b. A more detailed drainage plan which would show how the 2 .. 0 0 historic runoff rate would be maintained. This plan should also address the impact to drainage along Ute Avenue by the crossing of the access road to this development. C. A plan that shows how the applicant will address the recommendations by Chen and Associates in their geotechnical study of this parcel on November 21, 1986. 2. Parks: In a memo from Bill Ness of the Parks Department dated October 28, 1988, drainage from the site appears to be the greatest concern. Drainage through open ditches through the Ute Children's Park presents a safety problem, however, piped ditches are impossible to maintain. 3. Water Department: In a memorandum from Jim Markalunas he notes the committment by the applicant to provide a future interconnect with the Aspen Chance water lines. In addition the Water Department recommends that the applicants install the water line as show in the application in accordance with the City of Aspen main extention policy, ie, 8"or 6" ductile iron pipe. They also recommend that a hydrant be installed at the terminus of the water line or between lots one and two. 4. Environmental Health: In a memorandum dated October 24, 1988 Tom Dunlop notes that the applicants may be required to obtain a fugative dust permit for air quality concerns. In addition he advises the applicants to work with the Environmental Health Department regarding toxic mine waste. It is not a requirement that the applicants deal with the Environmental Health Department, but it is a request based on past experience in dealing with hazardous waste and its possible negative impacts to humans. Precautions should be taken by anyone working on this site given the Chen and Associate report which indicates high levels of lead. The report noted that the levels ranged from 213 ppm to 16,600 ppm. The applicants should become familar with the remediation standards of the EPA for the Smuggler Mountain Site. STAFF COMMENTS: As explained earlier in this memorandum, this application will require a (4) step review. These staff comments, however, will focus on the project as a whole. We feel that it is impossible to separate the various reviews and still present an adequate picture of the proposal. The applicants are requesting a lot split in order to create two single family homesites. A lot split is an exemption from the GMQS and automatically exempts the applicant from the GMQS review process. The review criteria for a Lot Split, pursuant to Section 7-1003 of the Code, are listed below with the applicant and staff response to the proposal. In addition the application 3 is subject to the PUD review criteria in the code which is geared more towards the site specifics of the development (steep slopes, massing, architectural design, etc.). The 8040 greenline review also contains another set of criteria which is very site specific in nature and Will be reviewed in detail the next time the Planning Commission reviews the project (step 3). LOT SPLIT The City Council is the body which has complete review authority for a Lot Split application, however, the staff feels that the Planning Commission should be a part of the review process for the entire proposal. Therefore we have included the following information. Section 7-1003 explains that a lot may be created through the Lot Split process for a single family detached dwelling if the following conditions are met: a. CRITERIA: The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969; and RESPONSE: The parcel is a metes and bounds parcel and meets the above criteria. b. CRITERIA: No more than two (2) lots are created by the lot split, and both lots conform to the requirements of the underlying zone district; and RESPONSE: The application proposes to create no more than two lots. The parcel however will be developed consistent with the PUD regulations which allow open space parcels within the development. The proposed open space parcel is to be retained in common ownership between the two newly created parcels and is proposed to be deed restricted against further development. c. CRITERIA: The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this article or a "lot split" exemption pursuant to Sec. 8-104(C)(1)(a); and RESPONSE: To the best of the applicants and staffs knowledge this parcel was not the subject of a prior subdivision exemption approval. d. CRITERIA: A subdivision plat is submitted and recorded after approval, indicating that no further subdivision may be granted for these lots nor Will additional units be built without 4 C receipt of applicable approvals pursuant to this Article and growth management allocation pursuant to Art. 8. RESPONSE: The applicant agrees to file all necessary plats upon final approval. The plat required in this case will be a plat which meets the subdivision and PUD platting requirements of the Land Use Code. SUMMARY: In summary the application meets all the basic code requirements for a lot split application and thus, an exemption from the GMQS. PUD Section 7-907 of the Land Use Code refers to the standards and requirements of a PUD. These are as follows: la. CRITERIA: The proposed development shall be consistent with the Aspen Area Comprehensive Plan. RESPONSE: The 1973 Comprehensive Plan designates this site as "Mixed Residential". The Plan notes that the intention of this designation is to allow for a mix of residential, office and tourist accommodations and to reduce density as projects are developed further and further away from the central core of town. This application is consistent with the plan in that the allowable density on the site is reduced by over 50 %. The adjacent parcel to the west contains 7 single family homesites. The property directly to the east has been dedicated to the City for use as a park. (This parcel was dedicated as part of the 1010 Ute Avenue development.) Further to the east is the Hoag Subdivision which is platted for single family lots of which several are developed. The Parks/Recreation/Open Space/Trails Element of the comprehensive plan identifies a pedestrian/nordic trail along the base of Aspen Mountain. Two summers ago a trail was constructed on this property to the south of the Midland Railroad right-of- way. Upon approval of the application a twelve foot public easement along this trail alignment will be dedicated to the public by the applicant. In the past, the Nordic Council has negotiated a temporary easement for this trail. The Midland Railroad right-of-way easement will also be dedicated to the public as a 30' wide drainage easement consistent with the drainage plan for the area. b. CRITERIA: The proposed development shall be consistent with the character of existing land uses in the surrounding area. RESPONSE: The proposed residential use and the proposed density 5 are generally consistent with the surrounding neighborhoods along Ute Avenue. c. CRITERIA: The proposed development shall not adversely affect the future development of the surrounding area. RESPONSE: The proposed residential use of the property does not appear to have any adverse effects on the future development potential of the surrounding property since the surrounding property has been developed as residential homesites. The application, however, requests that the future homes for this parcel be allowed to measure height from finished grade rather than natural grade. The applicants argue that natural grade has been distorted over the years and existing grade does not offer a suitable solution since the topography is created by a mound of mine tailings. In general the Planning Office agrees with the applicants analysis. However, we feel that the 8040 green line review will give us the direction required to determine heights of structures on the site. In addition, other criteria in this PUD section which relate to design are the appropriate areas in which to discuss the heights of the homes. The Planning Office question whether allowing the height to be measured from finished grade will create an undesirable precedent on parcels which have been re-graded over the years. Recently the City Council allowed the Galena Place project to be measured from the finished grade of Galena Street since the project would work better relative to the regraded topography. d. CRITERIA: Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. RESPONSE: The application does not require a Growth Management allocation if it receives approval as a Lot Split. e. CRITERIA: The density of a parcel shall not be greater than what is permitted in the underlying zone district. In addition densities may be reduced if certain conditions exist. The criteria that apply in this case are as follows: (1) The land is not suitable for the proposed development because of its slope, ground instability, and the possibility of mud flow, rock falls and avalanche dangers; (2) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion and consequent water pollution; RESPONSE: The potential areas of concern identified by the applicants geotechnical engineers are, avalanche, unstable 6 .. C soils, toxic waste, debris flow, subsistence due to underground mines and soil erosion. In addition to these concerns the Parks Department has expressed concerns relative to additional drainage in the direction of the Ute Children's Park and to the Glory Hole Park area. The applicants feel that with proper design and by following the recommendations of the geotechnical engineering report that the project can be built and the concerns can be mitigated. The Chen and Associates report is attached as Exhibit 1 of the application. This report generally calls for more detailed plans to be developed by the applicant relative to the stated concerns. The applicants feel that this can be adequately accomplished at the final submission stage. The Planning Office would like to see more specifics at this level of the review in order to determine if mitigation of the concerns is possible. The Chen & Association geotechnical report makes the following recommendations: - That an avalanche expert be consulted, - A site specific geotechnical investigation be conducted to evaluate the stability of proposed cuts and fills that are planned above the tennis court area, - There is no recommendation regarding subsistence due to underground mines since the probability of this occurring is believed to be very low, - The potential for debris flow/flood should be evaluated by a surface water hydrologist and that high sediment concentrations be analyzed in connection with such events, - All areas stripped of vegetation should be revegetated and erosion control measures should be made part of the overall development plan, - The mine waste materials present a hazard with regard to lead concentration. Some of the natural soils below the mine waste in this area could also be classified as hazardous material. The specific mitigation plan and level of protection should be coordinated with the local environmental authorities. An appropriate level toxicity plan should be included as part Of the development plan. The Planning Office agrees with the recommendations of the consultants and feels that it is difficult to conceptually approve a development plan if these issues are not addressed at a 7 . more specific level at this time. At a minimum, the applicants should be required to produce a map which indicates the potential areas of concern and illustrates how the proposed building envelopes can mitigate the concerns. f. CRITERIA: The density of a site is reduced if steep slopes exist. RESPONSE: The applicants have done a slope reduction study which indicates that the sites land area is reduced (within the City Limits) from 115,314 sq. ft. to 75,211 sq. ft. The following Floor Area Computation is taken directly from the application to show the proposed and allowed density and FAR for the site. FLOOR AREA COMPUTATION 1. Site Area Within City Limits (Sq. Ft.) 115,310 2. Land Area After Slope Reduction (Sq. Ft.) 75,210 3. Land Area After Subtraction of Gant 51,820 Leasehold Parcel (Sq. Ft.) 4. Land Area Per Dwelling Unit (Sq. Ft.) 25,910 5. Allowable Floor Area for 15,000 Square 4,500 Foot Lot (Sq. Ft.) 6. Additional Floor Area @ 7 Square Feet 760 Per 100 Square Feet of Additional Lot Area (Sq. Ft.) 7. Allowable Floor Area for 25,910 Square 5,260 Foot Lot (Sq. Ft.) 8. Maximum Allowable Floor Area for 10,520 Proposed Development (Sq. Ft.) Note: All calculations rounded to nearest ten (10) square feet. As noted in the referral comments, the Engineering Department requires that a slope analysis be prepared by a registered land surveyor rather than an architectural firm. 8 .. g. CRITERIA: The proposed land uses of the development shall be those of the underlying zone district. RESPONSE: Residential units are an allowed use in the R-15 zone district. h. CRITERIA: The dimensional requirements of the development shall be those of the underlying zone district, provided that some variations are allowed. RESPONSE: The only variation being requested by the applicants is the way in which the height of the structures are measured. The Code requires that the height of a structure is measured from the natural undisturbed ground slope and natural grade. The mine tailing produce an interesting situation for this site. Either we require that the land is reclaimed to the natural grade (which is debateable), we allow the structures to be measured from existing grade, or we allow the structures to be measured from finished grade. The proposed grading plan shows the elevation of the two lots at 8017 and 8021. The existing elevation of that portion of the site is roughly the same. The Planning Office feels that this determination should be made when a more detailed elevation plan is presented to the Commission for review. i. CRITERIA: Off street parking in the R-15 zone district is one space per bedroom. RESPONSE: The applicants propose to meet this requirement. The Planning Office would like clarification,however,that these spaces Will all be provided within the proposed building envelope. The applicants also propose to provide 4 guest parking spaces at the tennis courts off of Ute Avenue. J. CRITERIA: A landscape plan is required as part of the final development plan. RESPONSE: The applicants have provided a plan at this time which addresses the landscaping of the tennis court area and the driveway area. The application states that the lots are to be landscaped by the purchasers of the individual lots. The Planning Office would like to point out that the code states that a plan for the exterior spaces will be provided at final submission. We feel that it is important to see a landscape plan for the entire site since portions of both lots will be see from the public ROW and from the Aspen Chance PUD. This plan should be submitted with final PUD submission. K. CRITERIA: An architectural site plan is required to be provided at the initial submission stage of the application. RESPONSE: The applicant has provided an illustration of the 9 footprints of the structures but offers very little information regarding the design of the houses stating that the lots are to be sold as undeveloped lots. The application does state that architectural character Will emulate the neighboring Aspen Chance Subdivision. The application notes that the building materials will be restricted to wood, non-reflective metal and masonry stone and other materials compatible with the surrounding structures and the adjacent hillside. The Planning Office feels that elevations or some elevation guidelines should be presented as part of the final PUD submission or 8040 greenline submission in order for the Planning Commission to be able to adequately review the proposal. 1. CRITERIA: The open space requirement of the development shall be that of the underlying zone district. RESPONSE: The R-15 does not have an open space requirement. The application, however, does provide a significant amount Of undeveloped land. This land does not necessarily meet the definition of open space in the city yet it provides protection of the southerly most portion of the parcel, the steep hillside. The applicant estimates that approximately 81 percent of the site is undeveloped. Sixty-six percent of the open space is located within the City Limit and fifteen percent in the County. m. CRITERIA: All lighting shall be arranged to prevent direct glare or hazardous interference of any kind to adjoining streets or land. RESPONSE: The application has not addressed a lighting plan for the project. The staff would like to point out that any lighting of the driveway entrance should be low, baffled lighting. n. CRITERIA: Clustering of dwellings is encouraged. RESPONSE: The applicants have placed the building envelopes adjacent to each other utilizing the same access in a central portion of the site. o. CRITERIA: The proposed development shall be designed so that adequate public facilities will be available to accommodate the proposed development at the time development is constructed, and that there will be no net public cost for the provision of these public facilities. Further, buildings shall not be arranged such that any structure is inaccessible to emergency vehicles. RESPONSE: Public facilities are available to the proposed site. Any upgrades or extensions of service lines will be at the cost of the developer. p. CRITERIA: Traffic and pedestrian circulation. 10 C RESPONSE: The proposal provides each lot with access to a public ROW. The application provides sidewalks internal to the project but does not provide sidewalks along the public ROW. The proposed driveway to the building envelope is at a 12% grade. It is proposed to have a concrete type surface and to be snowmelted for safety reasons (emergency vehicles and general safety conditions). SIJMMARY: In summary, the application appears to propose the most suitable level of development given the natural and manmade constraints of the site. The Planning Office feels, however, that a more detailed analysis of the environmental considerations is required at this stage in the review process. The basic site plan and layout of the development is consistent with the surrounding area, although it is difficult to visualize since significant regrading of the site is required. The staff feels it is important to see a schematic drawing of elevations of the site including the proposed homes. We are not asking for a final architectural drawing of the houses, but merely a massing and scaling relative to the site and the adjacent Aspen Chance homes. The Code requires that this and the landscape plan be provided at the final PUD submission stage and upon 8040 greenline review. 8040 GREENLINE REVIEW The application does not address the 8040 greenline criteria at this time. This will be reviewed by the Planning Commission at the third step of the review process. The staff, however, has inserted the criteria from this portion of the code in order for the Planning Commission to know what other areas of interest will be addressed later in the application process. In addition the Planning Commission members may be able to provide the applicants with some direction relative to the criteria. 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegetate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. 3. The proposed development does not have a significant adverse affect on the air quality in the City. 4. The design and location of any proposed development, road, 11 or trail is compatible with the terrain on the parcel on which the proposed development is to be located. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. 8. Sufficient water pressure and other utilities are available to service the proposed development. 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. 10. Adequate ingress and egress is available to the proposed development SO as to ensure adequate access for fire protection and snow removal equipment. 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RECOMMENDATION: The Planning Office recommends that the 1001 Ute Conceptual PUD submission be tabled until more site specific studies are conducted which assure the Planning Commission that the proposed building envelopes are suitable for development relative to the concerns expressed by the Chen and Associates' report. At a minimum, the applicants should be required to create a map which indicates potential areas of geologic concern and how the proposed building envelopes can mitigate the concerns. If however, the Planning Commission feels that these concerns can be addressed at the final PUD submission stage then the following conditions of approval of the conceptual PUD plan are recommended: 1. All site specific studies and plans recommended by the Chen & Associates' report shall be submitted as part of the final PUD submission. 2. The slope analysis shall be prepared by a registered surveyor. 3. The final PUD submission shall indicate how all parking 12 . r spaces required for each home are located with the proposed building envelope. 4. A landscape plan shall be submitted with the final PUD plan which addresses all exterior spaces, specifically the areas adjacent to and within the proposed building envelopes. 5. Elevations and schematic drawings of the site as seen from Ute Avenue shall be submitted with the final PUD plan. The intention of this conditoin is to illustrate the proposed regrading and structures relative to the site and adjacent parcels. 6. The final PUD plan shall provide a sidewalk along Ute Avenue. 7. The Planning Commission shall reserve the right to determine how the rights of the structure will be measured until review of the final PUD submission. 8. The water line shall be installed in accordance with the Aspen Water Main Extention Poicy, ie., 8" or 6" ductile iron pipe. 9. The applicants shall install a fire hydrant between Lots 1 and 2 or at the terminus of the line. ch.1001 13 kATTACHMENT A EXHIBIT 2 ' Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST 0793 VALLEY ROAD CARBONDALE, COLORADO 81623 (303) 963-3600 (24 HOURS) 4"I ' : .' 1 Â£Â·A c r... +7* i . RE: 1 (2 (2 1 ,..Â·r e '~ v e ~-"0 ~ ~ 0 -~ .-i b -t --.- Â·i c.: 2 -Â·Â· -, 11/ a r Â·-4,1,Â·tri'.,= i nave Â·-7 Dit'!'0 ..ei." 63( 4 ..' r,1,1.tec! geologi.<: investi.gation -oncerning " uck 3 1 1 an d 'H In :0 w i .. I. Ming on th>e 1 7 - r :, in %.L -:=9' 'A - 9:- Â·-Â· iÂ·-. - - cu Â·Â·Â·Â·Â· .-, im + ;-1 Â·Â·-Â· Â·Â·'.2 ..Â·.Â·, ,Â·Â·Â·Â· Â·. Â·Â·~ Â·Â·Â·T <.c 1 Â·Â· rÂ·Â·Â· n.~ ,Â· -t 4 Â·Â·01, c.; iz} e n - 4204 kENCH/42444>3212J U/3493CC: , .C A Â·Â·Â·:: m i rÂ·, t., 1 thip ...., .4,1 i i :cÂ·j ' Ml 9 :21 'D S e :I r "Â· .Â·Â·- 3 Â·3 -'Â·Â·35 :Â·.3 C. s i 't a i -9. a.tz t h e :13 a Â·51 23 Â£ Â·f a s reep , c 3 1'1 i ,Â· e r - Â· E- Â·3 -Â·Â·.7 ~-2 F.Â· 0=: -9 - l a r c o t a i l i n ci -c -Â· l e wh i ch w i l l be ,.4.9 c :Â·- e t. 9,0 "- i '3 "~t t. 3 Â·- O 4 Â·Â·Â·Â· w a y < Â·1 b o v e t h e s i t e s a 9 ahown. -he - .-p ~ . . --. st 3 0 v e th e 1 70 5 :2: pt. 9 5 '.9 1. A t. :. o b v Â·. c.u , ' ". ~ ' . .. I ....' ' ':_ ..! : ... 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The low angle of the giassed Factor, as snow wall to u. .....,â€ž, -_ -- -..=o a mitigating I ., Wl i ' : r Â·:': . i:Â·:.Â· Â·~': c. c- . - 1 0 n s , rÂ·, 1 m a c m i.i ri :_, f...11 :C Dr -1 r : c I: m e 51 r,c:er:396 . .71 /7 Consult. 213 -=O agist r I 7- SUMMARY CLOSE-OUT FOR 1001 UTE AVENUE 8040 GREEN LINE AND CONDITIONAL USE The Planning and Zoning Commission approved the Resolution for 8040 Greenline and Conditional Use approval for an accessory dwelling unit. . r 0 C U MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planner RE: 1001 Ute Avenue 8040 Greenline Review, Conditional Use & GMQS Exemption DATE: November 7, 1989 SUMMARY: The applicant seeks a 8040 Greenline and a GMQS Exemption for the development of a single family residence, and a Conditional Use approval for an accessory dwelling unit. PUD review is not required for the development of single family homes. The Planning staff recommends approval. APPLICANT: 1001 Ute Avenue Partnership, c/o Rick Neilley LOCATION: 1001 Ute Avenue, Aspen ZONING: The area proposed for development is in the R-15 PUD zone district. Approximately 109,110 square feet is zoned R-15 (PUD). Approximately 6,200 square feet is zoned conservation. The remaining 4.08 acres of the site is located in unincorporated Pitkin County and zoned AF-1. SITE DESCRIPTION: As stated in the application: the project site contains a total of 6.73 access, only the lower 2.65 acres are located within the Aspen City limits. The site is an old mine dump area for the Smuggler Durant Mines. It is bounded on the north by Ute Avenue and Lots 1, 2 and 3 of the Ute Addition Subdivision, on the east by Lots 1 and 3 of the Hoag Subdivision, 0 and on the west by the Aspen Chance Subdivision. Three tennis courts, which are leased to the Gant, are located on the northern portion of the site. The southern portion of the site is heavily wooded and appears to be the natural, undisturbed terrain of Aspen Mountain, while the mid-portion of the site is piled with mine tailings. PROJECT DESCRIPTION: This is a revised application. The applicant proposes to build a single family home with an attached accessory dwelling unit on top of the existing mine tailings. The height of the mine tailings will be reduced by 6 feet to enable the same building height as the upper most home in the Aspen Chance Subdivision. The mine tailings will be regraded down the hillside side to create a stepped topography down to Ute Avenue and will be revegetated. Regrading is also intended to compliment the topography of the Aspen Chance Subdivision directly west of 1001 Ute Avenue. The three tennis courts adjacent to Ute Avenue will be relocated 30 feet to the northwest to accommodate a driveway along the southern boundary. The driveway will enter the garage below the residence to avoid an extensive road cut up the hill. The maximum allowable floor area is 7,440, 540 of which will be devoted to the accessory dwelling unit. Eight resident parking spaces are proposed, and 4 guests spaces. HISTORY: This site was considered in 1986 for a GMQS allotment. The proposed development of a (4) lot subdivision did not meet the threshold under the Growth Management scoring system. In November 1988 and January of 1989, this site was considered for a lot split, conceptual PUD review and 8040 Greenline review in two steps of the four step process by the Commission and council respectively. The applicants received conceptual approval but abandoned the application before going forward with reviews for final PUD, lot split, and 8040 Greenline. REFERRAL COMMENTS: Engineering: Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The applicant has agreed to follow the recommendations which have been submitted in a report done by Chen & Associates (Chen- Northern). The report is based upon the original application for a lot split. Although the current proposal is a reduction in density the excavation plans have changed, including but not limited to, the new driveway with the large underground garage. This Department needs a confirmation from Chen that the original report is applicable to this new proposal. 2. The Engineering Department will require that a detailed stormwater drainage plan be submitted before the issuance of a building permit. 3. The applicant shall to agree to join a special Improvement District, if one is ever formed. 4. The applicant needs to grant an easement for the Spar Gulch Drainage Project. The design for this project has not been completed and the exact alignment of this easement will be determined when that is completed. Environmental Health: The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: 2 The applicant has agreed to serve the project with public sewer as provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of the public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant has agreed to serve the project with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the munici- pal water utility system". AIR OUALITY: Construction: The applicant has indicated in the submittal that there will be major reconstruction Of the site. This Will involve redistribution of mine tailings and relocation/rebuilding of the existing tennis courts. The applicant may be required to develop a fugitive dust control plan to address windblown dust since the site is larger than 5 acres (one of the criteria for developing such a plan as defined in the Colorado Air Quality Control Regulations and Ambient Air Oualitv Standards, Regulation 1). Prior to construction the applicant shall contact this office for a final determination of this requirement. Solid Fuel Burning Devices: The application states "The proposed residence will contain no wood burning devices. Gas fireplaces and/or certified gas appliances, however, may be installed." As of the date of this review, such a commitment will offer compliance with current solid fuel burning ordinances. As of this date each building can have one certified wood stove, one gas log and unlimited gas appliances. Further, all such devices must be registered with this office. Prior to development of the dwellings the project proponents should review the status of applicable laws since they have changed frequently. NOISE: Short term noise impacts can be anticipated to be felt in the immediate neighborhood during excavation and construction. Long term negative noise impacts are not anticipated after construction. However, should noise complaints be received by this office, Chapter 16 of the Aspen Municipal Code, titled Noise Abatement will be the document used in the investigation. CONFORMANCE WITH OTHER LAWS: 3 None that are applicable from this office. CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. The soil report from Chen-Northern, Inc. revealed lead levels in the soil ranging from 213 to 16,600 parts per million (ppm). This is not uncommon given the concentration of mine waste present on the site. Given that, precautions should be taken by anyone working, and ultimately living on the site to not inhale or ingest soils containing such high levels of lead (those over 1,000 ppm). It will be the suggestion of this office that the applicant become familiar w ith the remediation standards recommended by the Environmental Protection Agency for the Smuggler Mountain Hazardous Waste Site. Similar lead concentrations in soils exist at Smuggler Mountain which generated toxicological reports and remedy suggestions. The observation by Chen-Northern Geologist to retain all "contaminated soils and mine waste on-site and providing an imported noncontaminated soil to cap the materials" to a depth of 2 to 3 feet, is in conformance with recommendations of this office. STAFF COMMENTS: Pursuant to Section 7-503 this proposal is subject to the 8040 Greenline review. Section 5-502 permits an accessory dwelling unit pursuant to a conditional use review and a GMQS exemption by the Commission. 8040 Greenline Review- Section 7-503 outlines the review criteria for an 8040 Greenline review as follows: 1. The parcel on which the proposed development is to be located is suitable for development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the parcel is found to contain hazardous or toxic soils, the applicant shall stabilize and revegatate the soils, or, where necessary, cause them to be removed from the site to a location acceptable to the City. RESPONSE: The mine tailings have been examined by Chen & 4 0 0- Associates. The applicant has agreed to follow the specific recommendations of Chen's report. Snow avalanche, soils toxicity, soils erosion and subsidence are of concerns but have been addressed by the Chen study. Mitigation measures to reduce the risk from soils toxicity, from mining waste, have been recommended by the Environmental Health Department which the applicant has agreed to follow. To limit the potential from slope instability retaining walls are to be incorporated above the residence. According to the application, cut and fill sections will be graded to a 2:1 profile or flatter. All the disturbed areas will be covered with topsoil and revegetated to prevent erosion and to reduce potential soil toxicity. The dense vegetation above the building site should reduce the hazard of debris flow from Spar Gulch. In addition, the building envelope is above the area that could be impacted by flooding. Diversion swales around the residence and above the cut slopes will be used to control surface runoff. Regarding snow avalanche and rock fall, please see attached letter from a consulting geologist (attachment A). 2. The proposed development does not have a significant adverse affect on the natural watershed, runoff, drainage, soil erosion or have consequent effects on water pollution. RESPONSE: The applicant proposes to maintain the historic flow rates of surface water runoff and groundwater recharge. The site will incorporate drywells and surface detention facilities to intercept water from the roofs and impervious areas. All disturbed areas will be revegetated and stabilized to prevent erosion. Because the applicant proposes to regrade a significant portion of the site, the Engineering Department is requiring a detailed stormwater drainage plan to be submitted. 3. The proposed development does not have a significant adverse affect on the air quality in the City. RESPONSE: The residence will contain no wood burning devices. Gas fireplace and/or certified gas appliances may be installed. The applicant has agreed to adhere to fugitive dust controls measures during construction as recommended by the Environmental Health Department. 4. The design and location of any proposed development, road, or trail is compatible with the terrain on the parcel on which the proposed development is to be located. RESPONSE: Although the application states that no other portion 5 of the site could possibly be developed, the lower portion, which is being leased to the Gant for use as tennis courts is, in staff's opinion, a premier site for development. Given an option, development near the 8040 is should be discouraged. However, staff does recognize that the lease, due to end in 2083, restricts the development of the site to on top of the mine tailings. If ever the courts are construed to be another building site, before the year 2083, staff would oppose any future development application for the tennis court site during the life of the lease. 5. Any grading will minimize, to the extent practicable, disturbance to the terrain, vegetation and natural land features. RESPONSE: The most significant land features are the mine tailings from the Lower Durant Tunnel. There is very little vegetation on the building site. A majority of the site will be regraded to provide for a stepped approach and revegetated. The application states that recommendations from the Chen report, regarding soil stability and retention of slope cuts, will be strictly adhered to. Excavation of the site is necessary for foundation work. The grading plan is intended to mitigate visual impact upon the lower lot in the Aspen Chance Subdivision and enable the development to rest at a similar grade with the upper most lots of the Subdivision. The location of the driveway does preclude the necessity to cut up into the hillside to access the home. Moving the tennis courts, approximately 30 feet to the west, will eliminate several cottonwood trees. Tree permits will be necessary for any significant trees. Relocation of these tress should be a priority. Except for the Midland Railroad right-of-way and the nordic trail, the upper portion of the wooded slope will remain untouched. 6. The placement and clustering of structures will minimize the need for roads, limit cutting and grading, maintain open space, and preserve the mountain as a scenic resource. RESPONSE: The proposed residence is designed to compliment and appear as an extension of the Aspen Chance Subdivision. The home is at the same elevations as the upper lots at the Chance. The proposal has been reviewed by the Aspen Chance residents. 6 I â‚¬ 0\ This proposal represents a reduced density from the proposed lot split, that was conceptually reviewed by the Commission and Council (please see attached memo regarding the lot split, attachment B). The maximum allowable floor area for the lot split was 10,520 and the maximum allowable floor area for this proposal is 7,440. 7. Building height and bulk will be minimized and the structure will be designed to blend into the open character of the mountain. RESPONSE: As stated before, the proposed residence has been designed to compliment the Aspen Chance subdivision. The steep wooded slope above the building site will not be disturbed. If the building was sited further back on the site, visual impact may be reduced and the home may blend into the hillside more effectively. The height of the tailings will be reduced by 6 feet and the regrading effort will create a bench that connects into the topography of the Aspen Chance Subdivision. The proposed height of the building is to be 25 feet. The applicant proposes that the height be measured from the finished grade verses the natural grade because the mine tailings have significantly altered the site. During conceptual review both the Commission and Council were receptive to this type of proposal. However, the Commission did not want to make a decision until a specific building proposal was presented. Staff recommends measuring from the finished grade and recording this on the plans. 8. Sufficient water pressure and other utilities are available to service the proposed development. RESPONSE: The applicant has provided a detailed discussion regarding the provision of services. Both the Engineering Department and Water Department have reviewed the proposal and approve of the measure the applicant proposes to provide serves to the project. The applicant will install a hydrant at the terminus of the (8) inch water main extension. Both departments agree that a connection with the Aspen Chance is not feasible at this time. The applicant has also agreed to provide an easement across the project site to permit the future extension of the proposed eight (8) inch main. The applicant has also agreed to participate in the cost of that extension. With regard to servicing the project, the applicant should work with the Engineering Department and the Water Department to complete all that is represented within the application 7 9. Adequate roads are available to serve the proposed development, and said roads can be properly maintained. RESPONSE: A single family residence with an accessory dwelling unit is not anticipated to impact the existing traffic along Ute Avenue. The applicant has agreed to join a Special Improvements District. 10. Adequate ingress and egress is available to the proposed development SO as to ensure adequate access for fire protection and snow removal equipment. RESPONSE: Access to the residence is being provided by a 20 foot private driveway. The driveway will be snowmelted. As stated above, the applicant is going to install a fire hydrant at the terminus of the eight (8) inch water main. 11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails Plan map is dedicated for public use. RESPONSE: The Aspen Area Comprehensive Plan proposes a pedestrian/nordic trail along the base of the Aspen Mountain ski area linking Shadow Mountain to Ute Avenue. The trail is proposed to traverse the project site above the building envelope. A trail has been cut above the Midland right-of-way by the Nordic Council. The applicant has agreed to dedicate a twelve foot wide public easement for the new trail. Conditional Use Review An accessory dwelling unit is a conditional use in the R-15 zone. Section 7-304 outlines the criteria for a conditional use review as follows: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and RESPONSE: The proposed one bedroom accessory dwelling unit will be approximately 540 square feet and comply with the provisions of the Housing Guidelines. The unit will be deed restricted as a resident occupied unit for residents of Pitkin County. The applicant is also providing one parking space for the unit. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; 8 0 0 and RESPONSE: The surrounding land uses are residential. Across the street are the Gant and the Clarendon multi-family developments. The Aspen Chance is a single family development. A single family with an accessory dwelling unit is quite compatible with the surrounding land uses. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and RESPONSE: A parking space will be provided for the unit. the unit is contained within the primary structure thereby reducing the visual impact on top of the hill. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and RESPONSE: There are adequate facilities for this proposal use. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: The proposal includes an affordable unit for employees of Pitkin County. An increase in employees is not expected by the provision of an accessory dwelling unit. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. RESPONSE: The proposed unit complies with the goals of the city to provide affordable housing. The proposed unit will meet the criteria for an accessory dwelling unit as defined by the Aspen Land Use Code and the Housing Guidelines. GMQS Exemption Pursuant to Section 8-104 A.1.C. the Planning Director may exempt, from GMQS, the development of a single family home on a vacant lot which was subdivided or was a legally described parcel prior to November 14, 1977, which complies with the provisions of Section 7-1004 (A) (5) . This proposal meets that criteria. 9 RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Commission approve the 8040 Greenline and Conditional Use review for 1001 Ute avenue with the following conditions: 1. Before the issuance of an excavation permit the applicant shall submit to the Engineering Department confirmation from Chen that their Supplemental Geotechnical Study is applicable to this new proposal. 2. Prior to the issuance of an excavation permit, the applicant shall submit, to the Engineering Department, a detailed stormwater drainage plan. 3. The applicant shall agree to join a Special Improvement District, if one is ever formed. 4. Prior to the issuance of a building permit, the applicant shall grant an easement for the Spar Gulch Drainage Project. 5. The applicant shall service project with public sewer as provided by the Aspen Consolidated Sanitation District and water provided by the Aspen Water Department distribution system as represented in the application. 6. Prior to issuance of an excavation permit the applicant shall contact the Environmental Health office for a final determination regarding the criteria for the development a fugitive dust control plan addressing windblown dust since the site is larger than 5 acres. 7. The proposed residence shall not contain wood burning devices as is represented in their application. Gas fireplaces and/or certified gas appliances, however, may be installed. 8. The applicant shall contact the Environmental Health office regarding the potential mine waste, waste rock or mine dumps which may be encountered during the excavation phase of the project. The applicant shall adhere to recommendations by the Chen-Northern Geologist to retain all contaminated soils and mine waste on-site and providing an imported noncontaminated soil to cap the materials in conformance with recommendations of the Environmental Health Department. 9. The applicant shall follow the specific recommendations of the Chen-Northern report regarding soil stability and retention of slope cuts and shall be reviewed by the Engineering Department. 10. Before the issuance of an excavation permit tree permits shall be required for any tree 6" in caliper. Relocation of these tress should be a priority. 10 I. C- 11. Prior to the issuance of a building permit, the applicant shall install a hydrant at the terminus of the (8) inch water main extension. 12. Prior to the issuance of a building permit, the applicant shall provide an easement across the project site to permit the future extension of the proposed eight (8) inch main. The applicant shall also to participate in the Cost of that extension. 13. The applicant shall work with the Engineering Department and the Water Department to complete all that is represented within the application regarding the provision of services to the site. 14. Prior to the issuance of a building permit, the applicant shall dedicate a twelve foot wide public easement for the new nordic trail. 15. Prior to the issuance of a building permit a deed restriction shall be filed with the Housing Authority for the accessory dwelling unit which shall comply with the provisions of the Housing Guidelines. 16. If ever the courts are construed to be another building site, before the year 2083, the Planning Department shall not accept any development application for the tennis court site during the life of the lease. 11/1001 ute 11 PUBLIC NOTICE RE: 1001 UTE AVENUE 8040 GREENLINE REVIEW, CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT AND GMQS EXEMPTION NOTICE IS HEREBY GIVEN THAT a public hearing will be held on Tuesday, November 7, 1989 at a meeting to begin at 4:30 P.M. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, CO to consider an application submitted by Sunny Vann on behalf of his client, 1001 Ute Avenue Partnership, requesting 8040 Greenline Review, Conditional Use Review for an accessory dwelling unit and GMQS Exemption approval for one single-family residence with an attached accessory dwelling unit. The property is known as the 1001 Mining Claim and is located, on Ute Avenue between The Aspen Change and Hoag Subdivisions. For further information, please contact the Aspen/Pitkin Planning Office, 130 South Galena Street, Aspen, (303) 920-5090. s/C. Welton Anderson, Chairman Aspen Planning and Zoning Commission ASPEN = CHANCE, INC. L1 A November 1,1989 City of Aspen Planning Office Gentlemen: We have been working with Peter Coventry on his plan for development of the 1001 Claim. The plan he is presenting to you is a result of those efforts. Originally, he wanted to place two or three houses on the property. However, through much 1 discussion, he finally agreed to one large home centrally located on the property. The house design he is proposing along with the underground parking and landscaping has a positive effect on our property as well as the surrounding neighborhood. We support his development plan and would encourage you to approve it as proposed. Should you have any questions, please do not hesitate to contact me. Sincer , H.O. Myers President Aspen Chance Homeowners Association HOM/sg 1201 Louisiana Â·Suite 3150Â·Houston, Texas 77002 Â· 713/655-1800 4 MEMORANDUM TO: Leslie Lamont, Planning Office FROM: Jim Gibbard, Engineering Department *- DATE: October 25, 1989 RE: 1001 Ute Avenue 8040 Greenline Review, Conditional Use Review for Accessary Dwelling Unit and GMQS Exemption Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. The applicant has agreed to follow the recommendations which will be submitted in a report done by Chen & Associates (Chen Northern) which will be a revised version of the originally submitted study. This revised report needs to be submitted before approval. 2. The Engineering Department will require that a detailed stormwater drainage plan be submitted before the issuance of a building permit. 3. The applicant needs to agree to join a special improvement district, if one is ever formed. 4. The applicant needs to grant an easement for the Spar Gulch Drainage Project. The design for this project has not been completed and the exact alignment of this easement will be determined when that is completed. jg/1001Ute ce: Bob Gish Chuck Roth ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Leslie Lamont, Planner Planning Office From: Thomas S. Dunlop, Director 7-3Â© Environmental Health Department Date: R October 18, 1989 Re: 1001 Ute Ave. 8040 Greenline Review, Conditional Use Review for Accessory Dwelling Unit and GMQS Exemption. Parcel ID# 2737-182-00-063 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: The applicant has agreed to serve the proj ect with public sewer as provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant has agreed to serve the project with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the munici- pal water utility system". AIR QUALITY: Construction: The applicant has indicated in the submittal that there will be major reconstruction of the site. This will involve redistribution of mine tailings and relocation/rebuilding of the existing tennis courts. The applicant may be required to develop a fugitive dust control plan to address windblown dust since the site is larger than 5 acres (one of the criteria for developing such a plan as defined in the Colorado Air Quality Control Regulations and Ambient Air Quality Standards, Regulation 1). Prior to construction the 130 South Galena Street Aspen, Colorado 81611 303/920-5070 ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT 1001 Ute 8040 Greenline Review October 18, 1989 Page 2 applicant shall contact this office for a final determination of this requirement. Solid Fuel Burning Devices: The application states "The proposed residence will contain no wood burning devices. Gas fireplaces and/or certified gas appliances, however, may be installed." As of the date of this review, such a commitment will offer compliance with current solid fuel burning ordinances. As of this date each building can have one certified wood stove, one gas log and unlimited gas appliances. Further, all such devices must be registered with this office. Prior to development of the dwellings the project proponents should review the status of applicable laws since they have changed frequently. NOISE: Short term noise impacts can be anticipated to be felt in the immediate neighborhood during excavation and construction. Long term negative noise impacts are not anticipated after construction. However, should noise complaints be received by this office, Chapter 16 of the Aspen Municipal Code, titled Noise Abatement will be the document used in the investigation. CONFORMANCE WITH OTHER LAWS: None that are applicable from this office. CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. The soil report from Chen-Northern, Inc revealed lead levels in the soil ranging from 213 to 16,600 parts per million (ppm). This is not uncommon given the concentration of mine waste present on the site. Given that, precautions should be taken by anyone working, and ultimately living on the site to not inhale or ingest soils containing such high levels of lead (those over 1,000 ppm). It will be the suggestion of this office that the applicant become familiar with the remediation standards recommended by the Environmental Protection Agency for the 130 South Galena Street Aspen, Colorado 81611 303/920-5070 ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT 1001 Ute 8040 Greenline Review October 18, 1989 Page 3 Smuggler Mountain Hazardous Waste Site. Similar lead concentrations in Soils exist at Smuggler Mountain which generated toxicological reports and remedy suggestions. The observation by Chen-Northern Geologist to retain all "contaminated soils and mine waste on-site and providing an imported noncontaminated soil to cap the materials" to a depth of 2 to 3 feet, is in conformance with recommendations of this office. 130 South Galena Street Aspen, Colorado 81611 303/920-5070 1-3 ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 ,-September 19, 1989 0 Sunny Vann Vann Associates 230 East Hopkins Aspen, CO 81611 RE: 1001 Ute Ave. 8040 Greenline Review, Conditional Use Review and GMQS Exemption Dear Sunny, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Planning Commission at a public hearing on Tuesday, November 7, 1989 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Public hearing notice requirements need to be followed. A notice for adjacent property owners is enclosed. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant MEMORANDUM TO: Cindy Houben, Planning Office FROM: Jim Gibbard, Engineering Department (70 Date: November 16, 1988 RE: 1001 Ute Avenue PUD/Lot Split Having reviewed the above application and made a site visit, the Engineering Department has the following comments: 1. A general plan should be submitted which shows the building height for any future development and relation to natural features of the site. 2. The applicant should be aware that in the final development plan, the following will need to be submitted: a. A slope analysis which has been prepared by a registered land surveyor. b. A more detailed drainage plan which would show how the historic runoff rate would be maintained. This plan should also address the impact to drainage along Ute Avenue by the crossing of the access road to this development. c. A plan that shows how the applicant will address the recommendations by Chen and Associates in their geotechnical study of this parcel on November 21, 1986. jg/1001PUD cc: Jay Hammond Chuck Roth John T. Nickel P.O. Box 7941 Aspen, CO 81612 November 3, 1988 City Council of Aspen 130 South Galena Aspen, CO 81611 Aspen Planning & Zoning Commission 130 South Galena Aspen, CO 81611 Dear Sirs: I am a property owner neighboring the 1001 Ute project (Lot 4, Aspen Chance). I am writing to support the project as planned. I think it is an excellent improvement over the previous application, and urge you to approve the lot split application. Sincerely, John T. Nickel sme I U. I indy Houben, Planner FROM: Bill Ness, Parks Superintendent DATE:I October 28,1988 40 RE: 1001 Ute Avenue PUD/Lot Split Parcel ID # 2737-182-00-063 The portion of the project with respect to the off site droinage. The City's Urban Runoff Management Plan recommends that this runoff be collected in a drainage ditch to be constructed along the old Midland Railroad right-of-way and through the Ute Children's Park to the Roaring Fork River. The Parks Department does not agree with the direction of the drainage ditch. When the Runoff Management Group conducted their study several years oqo, foot and bike traffic was not as great as today. * To install a open drainage ditch along the bike/jogger path poses a potentially hazardous situation. * The installation of a open drainage dltch through the Ute Children's Park is unacceptable, another hazardous situation. To culvert the drainage system will not work, because of the large amounts of gravel, silt and sand that will deposit through out the culvert. An open ditch is the only system that will work, because the ditch will demand frequent cleaning. OCT 2 5 l988 ASPEN WATER DEPARTMENT MEMORANDUM TO: Cindy Houben FROM: Jim Markalunas SUBJECT: 1001 Ute Ave. DATE: .10-24-88 ,Â· 1 11,91. The Water Dept. has reviewed-17<e application of 1001 Ute Ave. and notes the commitment by 1001 Ute to provide for easement, and participation in the future interconnect with Aspen Chance. The site development plans (sheet 3, pg.8) shows a water line centered in the access driveway and in a utility easement adjacent to Lot 2 Bldg envelope. The size of the water line has not been specified, but reference is to a "proposed 8" main". Since it is the intent of all parties concerned to interconnect at some future point, the Water Dept. recommends that the applicant be required to install the proposed water line as shown on the site plan in accordance with City of Aspen main extension policy, ie., 8" or 6" ductile iron pipe, as approved by the City ngineers office. We would also suggest that a hydrant be installed at the terminus of the water line, at or near the fire access corridor location, between lots 1 and 2. %44/ W ASPEN*PITKIN EN . .JONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Cindy Houben, Planner Planning Office From: Thomas S. Dunlop, Director-~ED Environmental Health Department Date: October 24, 1988 Re: 1001 Ute Ave. PUD/Lot Split Parcel ID# 2737-182-00-063 The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION: The applicant has agreed to serve the project with public sewer as provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". ADEQUATE PROVISIONS FOR WATER NEEDS: The applicant has agreed to serve the project with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the munici- pal water utility system". AIR QUALITY: Construction: The applicant has indicated in the submittal that there will be major reconstruction of the site. This will involve redistribution of mine tailings and relocation/rebuilding of the existing tennis courts. The applicant may be required to develop a fugitive dust control plan to address windblown dust since the site is larger than 5 acres (one of the criteria for developing such a plan as defined in the Colorado Air Ouality Control Regulations and Ambient Air Quality Standards, Regulation 1). Prior to construction the applicant shall contact this office for a final determination of this requirement. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 7,0Â·,,t- . .~ r ~.v.* -C~D, ASPEN*PITKIN Ely ...RONMENTAL HEALTH DEPARTMENT 1001 Ute Ave. PUD/Lot Split October 24, 1988 Page 2 Solid Fuel Burning Devices: There is no definition in the submittal concerning the installation of fireplaces, wood stoves or gas logs. Without that information provided, the applicant must become aware of local and State regulations governing such devices. As of this date each building can have one certified wood stove, one gas log and unlimited gas appliances. Further, all such devices must be registered with this office. Prior to development of the dwellings the project proponents should review the status of applicable laws since they have changed frequently. NOISE: Short term noise impacts can be anticipated to be felt in the immediate neighborhood during excavation and construction. Long term negative noise impacts are not anticipated after construction. However, should noise complaints be received by this office, Chapter 16 of the Aspen Municipal Code, titled Noise Abatement will be the document used in the investigation. CONFORMANCE WITH OTHER LAWS: None that are applicable from this office. CONTAMINATED SOILS: &44 The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off-site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. The soil report from Chen and Associates revealed lead levels in the soil ranging from 213 to 16,600 parts per million (ppm). This is not uncommon given the concentration of mine waste present on the site. Given that, precautions should be taken by anyone working, and ultimately living on the site to not inhale or ingest soils containing such high levels of lead (those over 1,000 ppm). It will be the suggestion of this office that the applicant become familiar with the remediation standards recommended by the Environmental Protection Agency for the Smuggler Mountain Hazardous Waste Site. Similar lead concentrations in soils exist at Smuggler Mountain which generated toxicological reports and remedy suggestions. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 -*4. 1....Imi /* - I / // *-- 8070 // . 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