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HomeMy WebLinkAboutresolution.apz.015-12 RESOLUTION NO. 15 (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW AND RESIDENTIAL DESIGN STANDARDS VARIANCES FOR LOT 11 BLACK BIRCH ESTATES SUBDIVISION, COMMONLY KNOWN AS 1110 BLACK BIRCH DRIVE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-013-07-016 WHEREAS, the Community Development Department received an application from the owner of 1110 Black Birch Drive for land use reviews to demolish the existing residential dwelling unit and replace it with a two-story residential dwelling unit; and WHEREAS, the property is located along Castle Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City Engineer has identified a Top of Slope and High Water Line for this property as part of the review to indicate where development can occur and the Applicant has submitted a variance request through Residential Design Standards and a request for Stream Margin Review to develop the site as indicated in Resolution Exhibit A; and, WHEREAS, during a duly noticed public hearing on September 4, 2012, upon review and consideration of the recommendation of the Community Development Department, presentation from the Applicant, and consideration of the proposal, the Planning and Zoning Commission approves the reviews, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: The Planning and Zoning Commission hereby approves the following land use reviews with the following conditions: Section 1: Stream Mary-in Approval A. The Planning and Zoning Commission grants Stream Margin Review approval for the subject property. All new development within the development boundary shall be set back fifteen (15) feet from the high water line, as identified by the City Engineer, and as memorialized in a recorded plat. B. No development other than native vegetation planting shall take place between the building envelope on the Castle Creek side and the top of slope unless expressly permitted by the City. RECEPTION#: 592129, 09/11/2012 at 02:33:44 PM, 1 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO C. In the event the event the development planned under this approval is demolished in the future and the property is redeveloped, the building envelope created as a result of this resolution shall be null and void and the property will be subject to applicable land use reviews at the time of redevelopment. Section 2: Residential Design Standards Variances The Planning and Zoning Commission grants a variance from building orientation (Sub-section (A)(1) and entry door location(Sub-section 26.410.040(D)(1)(a)) of the Land Use Code, as shown on Exhibit A. Section 3: Building Permit A building permit application shall meet all adopted standards of the city. Additionally, a copy of this Resolution and the plat approving the building envelope shall be submitted with the application. Section 4: Parks A. An approved tree permit shall be required before any tree is removed or impacted under the drip line of the tree. All tree permits must be approved prior to approval of building permits, demolition or access infrastructure work takes place. B. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates and appropriate plantings. C. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees on site. This fence must be inspected by the City Forester or his designee (920-5120) before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. There should be a location and standard for this fencing denoted on the plan. Section 5: Enp-ineerin� Development on the site must meet the requirements of the Urban Runoff Management Plan and all of the adopted regulations of the Engineering Department. A plan depicting compliance with this Plan shall be submitted at the time building permit. Section 6: Vested Rights This approval shall be valid for the greater of the three-year period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations are amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director,be subject to review by the Planning and Zoning Commission. 2 Section 7• 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, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section S• 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 9• 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 this 4th day of September, 2012. PLANNING AND ZONING COMMISSION: L�-EsPau , Chairman APPROVED AS TO FORM: — dc2,-� Deb Quinn,Assistant City Attorney ATTEST: "t/ ackie Lothian,Deputy City Clerk Resolution Exhibit A: Site Plan 3