HomeMy WebLinkAboutcoa.res.016-06.Ajax Park RESOLUTION N0. 16
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS AN 8040 GREENLINE REVIEW,A
GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING,AND RECOMMENDING THAT CITY COUNCIL
APPROVE WITH CONDITIONS,SUBDIVISION REVIEW, CONSOLIDATED
CONCEPTUAL/FINAL PUD,AND A GROWTH MANAGEMENT REVIEW FOR
THE PRESERVATION OF SIGNIFICANT OPEN SPACE PARCELS FOR THE
1001 UTE AVENUE SUBDIVSION,CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
Parcel No. 2737-182-00-063
WHEREAS, the Community Development Department received an application
from Leathern Stearn, owner, represented by Davis Horn Incorporated, requesting
approval of Subdivision, Consolidated Conceptual/Final Planned Unit Development,
8040 Grecnline Review, Growth Management Review for the Preservation of Significant
Open Space Parcels to divide the parcel at 1001 Ute Avenue into two (2) residential
properties and four (4) separate common open space areas, City and Townsite of Aspen;
and,
WHEREAS, the pursuant to Land Use Code Section 26.470.040(B)(1),Detached
Single-family and Duplex Dwelling Units, the Community Development Director
approved a Growth Management Review for the construction of one single-family
dwelling unit, conditioned upon approval of the other associated land use actions
requested; and,
WHEREAS,pursuant to Land Use.Code Section 26.445.030(B)(2), Consolidated
Conceptual and Final Review, the Community Development Director consented to allow
for the development application to be reviewed as a consolidated PUD review because of
the anticipated limited scope of issues involved with the review; and,
WHEREAS, pursuant to the applicable sections of the land use code, the
Community Development Director has reviewed the requested land use actions and
recommended denial of the growth management review for the preservation of significant
open space parcels and that a maximum floor area ratio (FAR) of only 3,700 square feet
be allowed per residential lot; and,
WHEREAS, during a duly noticed public hearing on April 4, 2006, the Planning
and Zoning Commission opened and continued the public hearing on this application to
April 18, 2006; and,
525008
Nil 1111111111111111 Page: i of 8
06/07/2006 02:221
JANICE K VOS CAUDILL PITKIN CDUNTY CO R 41.00 D 0.00
WHEREAS, during a continued public hearing on April 18, 2006, the Planning
and Zoning Commission opened and continued the public hearing on this application to
May 2,2006; and,
WHEREAS, the Applicant amended the development application to include the
development of a Category 4 affordable housing unit to mitigate for the second free-
market residential unit in the subdivision; and,
WHEREAS,during a continued public hearing on May 2, 2006, the Planning and
Zoning Commission approved Resolution No. 16, Series of 2006, by a six to zero (6-0)
vote, approving with conditions an 8040 Greenline Review, a growth management
review for the development of affordable housing, and recommending that City Council
approve with conditions, subdivision review, consolidated conceptual/final PUD, and a
growth management review for the preservation of significant open space parcels for the
1001 Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue into two (2)
residential properties, a parcel for the development of a Category 4 AH unit and four (4)
separate common areas, City and Townsite of Aspen; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds 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 Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves with conditions, an 8040 greenline
review, a growth management review for the development of affordable housing, and
hereby recommends that City Council approve with conditions, subdivision review,
consolidated conceptual/final PUD, and a growth management review for the
preservation of significant open space parcels for the 1001 Ute Avenue Subdivision to
divide the parcel at 1001 Ute Avenue into two (2) single-family residential properties, a
property for the development of a"for sale", Category 4 affordable housing unit and four
(4) separate common areas, City and Townsite of Aspen, subject to the conditions
contained herein.
525008
Page: 2 of S
06/07/2006 02:221
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
Section 2:Approved Development
Development of two (2) free-market single-family residential dwelling units and the
development of one ADU on Lot 1, and the development of a "for. sale", Category 4
affordable housing unit,the relocation of the existing tennis courts approximately thirty(30)
feet to the west of their current location, along with the necessary road improvements to
access the residential lots are hereby approved subject to the terms of this ordinance.
Section 3: Dimensional Requirements
The approved dimensional requirements are as follows:
Dimensional Approved
Requirement Dimensional
Requirements
Minimum Lot Size Lot 1=24,850 SF
Lot 2=30,060 SF
Common Area 1 Open
Space=20,860 SF
Common Area 2 Open
Space=24,860 SF
Common Area 3 Access
Easement— 15,290 SF
N Common Area 4 Open
w
Space=920 SF
co m Minimum Lot Width 25 Feet for Common
m
CD a m a Area 2 en Space
M N o
CD
Minimum Lot Area 31,655 SF in PUD
Lo n Per Dwelling Unit
N R Minimum Front Per Building Envelope
Lo
a m m Yard Setback
Minimum Side Yard Per Building Envelope
Setback
oMinimum Rear Yard Per Building Envelope
Setback
z Maximum Height 25 Feet as measured
ZI
from finished grade
z Allowable External 5,040 SF per each of the
FAR two (2) single-family
IX residential dwelling
� units as calculated based
aon the City land use
code methodology in
10 affect at the time of
Y building permit
`0 submittal. Additionally,
�z 1,400 SF is allocated for
the development of a
"for sale", Category 4
affordable housing unit.
Minimum Off-Street 2 Spaces per Residential
Parking Unit
Section 3: Subdivision/PUD Plat and Agreement
The Applicant shall record a subdivision/PUD plat and agreement that meets 'the
requirements of Land Use Code within 180 days of approval. The Plat shall contain the
property boundaries,easements,and the building envelopes.
Section 4: 8040 Greenline Review
The 8040 Greenline approval granted herein is only for the road serving the single-family
residence parcels and the relocation of the tennis courts. Prior to applying for building
permits on the two (2) free-market residential units or the associated accessory dwelling
units within the subdivision/PUD, an 8040 Greenline Review on the specific residence
designs shall be applied for and approved pursuant to Land Use Code Section 26.435.030,
8040 Greenline Review.
Section 5: Residential Design Standards
The two (2) single-family residences to be constructed within the subdivision shall be
required to meet the applicable City of Aspen Residential Design Standards pursuant to
Land Use Code Section 26.410,Residential Design Standards.
Section 6:Affordable Housing Mitigation
The Applicant shall either pay a cash-in-lieu fee normally associated with single-family
residential development in the City of Aspen or build an ADU for the single-family
dwelling unit to be constructed on Lot 1 of the subdivision/PUD pursuant to Land Use Code
Section 26.470.040(B)(1), Detached single-family or duplex dwelling units. ADUs to be
constructed shall meet the requirements of Land Use Code Section 26.520, Accessory
Dwelling Units and Carriage Houses. A "for sale", Category 4 affordable housing unit
consisting of a minimum of 1,400 square feet of net livable space shall be constructed to
mitigate for the free-market residential dwelling unit to be constructed on Lot 2 of the
subdivision.
Section 7: Conservation Easement
The Applicant shall deed the 4.1 acres of the fathering parcel to be placed under a
conservation easement to the City of Aspen. Subsequently, the City of Aspen shall record a
conservation easement to be held by a third party on the 4.1 acres of the fathering parcel to
remain in Pitkin County, that will be sterilized in perpetuity against future development in
exchange for one of the two (2) single-family development rights within the subdivision.
The property shall be deeded to the City and the conservation easement document shall be
recorded prior to submission for an access/infrastructure permit on the common driveway
improvements within the subdivision/PUD.
Section 8: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall
pay a fee-in-lieu of land dedication in conjunction with any residential development in
the subdivision. Prior to building permit issuance on any residential development within
the subdivision, the Applicant shall pay the school lands dedication fee associated with
the subdivision as calculated by the City Zoning Officer using the dedication schedule in
525008
Page: 4 of a
06/07/2006 02:22
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
effect at the time of building permit submission as set forth in Land Use Code Section
26.630.030, School Lands Dedication:Dedication Schedule.
Section 9: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610,Park Development Impact Fee,the Applicant
shall pay a park development impact fee at the time of building permit issuance for any
construction within the subdivision that adds new residential/lodge bedrooms and/or
commercial/office square footage. The City Zoning Officer shall calculate the amount
due using the fee schedule in effect at the time of building permit submission as set forth
in Land Use Code Section 26.610.030,Park Development Impact Fee: Fee Schedule.
Section 10: Soil Subsidence,Rock Fall,and Avalanche Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualified, licensed engineer demonstrating the land is suitable to handle the proposed
development in conjunction with the 8040 Greenline Review applications for the
individual residences proposed within the subdivision/PUD. The designs for the single-
family residences within the subdivision/PUD shall comply with the recommendations of
the Applicant's Avalanche Specialist, Peter Lev, which is that there shall only be small
windows with shutters or no windows proposed on the uphill side of the residences.
Alternatively, a four(4) foot reinforced wall could be constructed above the residences to
block snow slides. The residence designs shall also comply with the recommendations of
the Applicant's Geologist, Nicholas Lampiris, which is that rear foundation wall shall be
at least four(4) feet above finished grade and be without windows and doors on the uphill
side of the residences.
Section 11: Mine Waste
The Applicant shall provide prior to submitting a building permit application on either of
the residences, the City with a mine waste testing and handling plan that complies with
the following conditions of approval as memorialized in Ordinance No. 25, Series 1994
regarding the handling of any contaminated soils encountered on the property:
a. Any disturbed soil or material that is to be stored above ground shall be securely
contained on and covered with a non-permeable tarp or other protective barrier
approved by the Environmental Health Department so as to prevent leaching of
contaminated material onto or into the surface soil. Disturbed soil or material need
not be removed if the City's Environmental Health Department finds that: 1) the
excavated material contains less than 1,000 parts per million (ppm) of total lead, or
2) that there exists a satisfactory method of disposal at the excavation site.
Disturbed soil and solid waste may be disposed of outside of the site upon
acceptance of the material at a duly licensed and authorized receiving facility.
b. Non-removal of contaminated material. No contaminated soil or solid waste shall
be removed, placed, stored, transported or disposed of outside the boundaries of the
site without having first obtained any and all necessary State and/or Federal
transportation and disposal permits.
525408
Page: 5 of 8
05/07/2005 02:22
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
C. Dust suppression. All activity or development shall be accompanied by dust
suppression measures such as the application of water or other soil surfactant to
minimize the creation and release of dust and other particulates into the air.
d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be
planted or cultivated within the boundaries of the site except in garden beds
consisting of not less than twelve (12) inches of soil containing no more than 999-
ppm lead.
e. Landscaping. The planting of trees and shrubs and the creation or installation of
landscaping features requiring the dislocation or disturbance of more than one cubic
yard of soil shall require a permit as provided in Section 7-143 (4).
f Any contaminated soil or mine waste rock to be left on-site shall be placed under
structures or pavement. Soils used in landscaped areas or engineered fills shall be
covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm
lead.
Section 12: Fire Mitigation
Fire sprinkler and alarm systems that meet the requirements of the Fire Marshall shall be
installed in each of the single-family residences to be constructed within the
subdivision/PUD. The water service line shall be sized appropriately to accommodate
the required Fire Sprinkler System. The residences to be designed and constructed within
the subdivision/PUD shall meet the Colorado Defensible Space Standards. Compliance
with the Colorado Defensible Space Standards shall be verified as part of the 8040
Greenline Review process on the individual residences.
Section 13: Driveway Construction
The driveway shall be constructed to the grades that are proposed in the application and
shall not exceed twelve (12) percent at any point. A hammerhead fire truck turnaround
meeting the requirements of the Fire Marshall shall be installed as proposed in the
application. The common driveway shall be snowmelted and the Homeowner's
covenants shall contain language requiring that the snowmelt remain active and turned on
at all times during the winter months of October to April. An access/infrastructure permit
shall be applied for and approved by the City Community Development Department prior
to commencing any grading or construction activities related to the installation of the
common driveway to the residential parcels. A geotechnical report shall be submitted as
part of the access/infrastructure permit application.
Section 14: Landscaping
The Applicant shall install landscaping that is consistent with the landscaping plan that is
proposed in the application for screening of the retaining wall. A tree removal permit and
tree protection plan shall be submitted and approved by the City of Aspen Parks
Department prior to commencing construction activities related to the subdivision access
improvements. Additionally, individual landscaping plans for the residential parcels shall
be submitted and reviewed by the City Parks Department as part of the 8040 Greenline
5250 @8
Page: 6 of 8
06/07/2006 02:221
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00
Review applications for the individual residences. The Applicant shall provide a
financial security to ensure the completion of the landscaping as shown on the
landscaping plan in the application is completed prior to a building permit application
being submitted on any of the residential units within the subdivision.
Section 15: Relocation of Tennis Courts
The Applicant shall relocate the existing tennis courts prior to or in conjunction with the
installation of the common driveway to the residential parcels within the
subdivision/PUD. An access/infrastructure permit shall be applied for and approved prior
to the commencement of construction activities related to relocating the tennis courts.
The pathway from Ute Avenue to the relocated tennis courts shall be improved to comply
with applicable ADA accessibility requirements.
Section 16: Trail Easement
The Applicant shall grant a public trail easement to accommodate the existing Ajax Trail
if it is found to be located outside of the existing trail easement in areas. Additionally,
the Applicant shall grant a permanent public trail easement meeting the approval of the
City of Aspen Parks Department along the eastern corner of single-family residential Lot
1 in order to accommodate a pedestrian trail from the Ajax Trail down to Ajax Park prior
to recordation of the final subdivision/PLTD plat.
Section 17: Water Department Requirements
The Applicants shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. The Applicants shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units.
Section 18: Aspen Consolidated Sanitation District Reauirements
The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. The sanitary sewer lines serving the residential properties within
the subdivision shall be constructed out of a yellowmite material since adequate
separation between the water and sewer lines cannot be maintained under the common
driveway. If a glycol heating and snowmelt system is to be installed, the glycol storage
areas shall be reviewed and approved by the Aspen Consolidated Sanitation District prior
to installation.
Section 19•
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
525008
Page: 7 of 8
06/07/2006 02:22
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 0 0.00
Section 20•
This resolution shall not effect 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 21
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 by a six to zero
(6-0)vote on this 2nd day of May, 2006.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Ruth Krueger,Vice-Ck4ir
ATTEST:
cELc�lJ
e Lothian, eputy City Clerk
525008
Page: 8 of 8
06/07/2006 02:22;
JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 D 0.00