HomeMy WebLinkAboutresolution.apz.003-98 RESOLUTION OF THE ASPEN PLANNING AND ZONING COM3i/SSION
GRANTING APPROVAL FOR A CHANGE IN USE GMQS EXEMPTION, CONDITIONAL USE
REVIEW FOR FIVE ACCESSORY DWELLING UNITS, AND A SIX MONTH EXTENSION OF
THREE RESIDENTIAL ALLOCATIONS GRANTED THROUGH THE SMALL LODGE
LOTTERY FOR THE BELL MOUNTAIN TOWNHOMES DEVELOPMENT, AND
RECOMMENDING APPROVAL OF CONSOLIDATED CONCEPTUAL/FINAL PLANNED UNIT
DEVELOPMENT ~PUD) AND SUBDIVISION REQUESTS LOCATED ON THE NORTHEAST
CORNER OF SPRING STREET AND COOPER AVENUE, LEGALLY DESCRIBED AS LOTS K,
L, M, N, O, P AND Q, BLOCK 105, TOWN OF ASPEN, PITKIN COUNTY, STATE OF
COLORADO
Resolution 98-2~__
WHEREAS. The Community Development Department received an application fiom the Bell
Mountain Limited Liability Company, for a Change In Use GMQS Exemption: Conditional Use Review
for five 5) Accessory Dwelling Units; a six (6) month extension of three residential allocations granted
through the 1996 small lodge lottery process; Variances to the "Building Elements" and "Volume"
provisions of the residential Design Standards; Consolidafed Conceptual/Final Planned Unit Development
(PUD) including requests for variances to the height limit and the minimum open space requrremem; and,
Subdivision; and.
WHEREAS, pursuant to Section 26.100.050(D)(2)(a) of the Aspen Municipal Code, the change
in use of an existing structure previously zoned LP to residential use can be exempted fiom the growth
managemeur competition and scoffmg procedures by the Planning and Zoning Commission; also pursuant
m Section 26.100.050(D)(2)(a) of the Aspen Municipal Code, an extension of allocations granted through
the small lodge lottery process can only be granted by the Plarming and Zoning Commission; pursuant to
Section 26.60.040 of the Aspen Municipal Code, Conditional Uses may be approved by the Planning and
Zoning Commission; pursuant to Section 26.58.020(B) of the Municipal Code. variances to the provisions
of the Residential Design Standards can be granted by the Planning and Zoning Commission; and,
WHEREAS, Pursuant to Section 26.84.030 of the Aspen Municipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding requests for Planned Unit
Development (PUD) approval, including certain variances to dimensional requirements of the underlying
zone dis~'ict; and pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning and Zoning
Commission shall make a recommendation to the City Council regarding requests for Subdivision
approval; and,
WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated
Sanitation District, Environmental Health Department and Community Development Department reviewed
the proposals and recommended approval of each with conditions: and,
WHEREAS. the above referenced application was legally noticed for a public hearing; and,
WHEREAS, during the public hearing at a continued meeting on February 17, 1998. the Planning
and Zoning Commission approved by a 6-0 vote the change in use GMQS exemption with a condition, and
by a 5-.1 vote the Conditional Uses with conditions; and,
WHEREAS, during a public hearing at a continued meeting on February 17, 1998, the Planning
and Zoning Commission recommended approval by a 6-0 vote of both the request for Consolidated
Planned Unit Development (PUD) with a variance to the minimum open space requirement and
Subdivision.
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NOW. THEREFORE BE IT RESOLVED by the Commission:
A. Change In Use OMQS Exemption:
That the Change In Use GMQS Exemption for the conversion of the Bell Mountain Lodge m seven (7) free
market townhomes (Bell Mountain Townhomes) is approved with the condition that only those portions for
which allocations already exist (three units) could be issued building permits upon approval, while
development of the remaining portions (four units) cannot commence unless and until the necessary
allotments have been procured through the annual small lodge lottery.
B. Six (6) Month Extension of Small Lodge Lottery Allocations:
That based on a good faith effort on the part of the applicant to file an application, a six (6) month
extension of the 1996 Small Lodge Lottery Residential Allocation for three (3) residential units with twelve
(12) bedrooms is granted, thereby moving the deadline for obtaining building permits from May 5, 1998 to
November 5, 1998.
C. Conditional Use:
That the Conditional Use for Five (5) Accessory Dwelling Units (ADUsl in the Residential Multi-Family
(RMF) zone district, at Bell Mountain Townhoines is approved with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a. Verify with the Housing Office that.the allowable floor area of each Accessory. Dwelling Unit
contains between 300 and 700 square feet;
b. Verify with the Housing Office that each ADU will contain a kitchen-having a minimum of a
two-burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer:
c. Provide the Housing Office with five Ione for each unit) signed and recorded Deed Restrictions.
copies of which must be obtained from the Housing Office:
d. Clearly identify each of the Accessory Dwelling Units (ADU) on building permit plans as separate
one-bedroom units with private entrances/exits, and no other rooms (i.e.. mechanical rooms) that
need to be accessible to individuals in the princtpal residences;
e. Provide a minimum of one off-street parking space for each ADU (five total); these spaces shall
be shown on the final plans. There shall not be any trash receptacles/enclosures located on or
behind any of the parking pads; and,
£ Verify that the proposed plans for each of the ADUs will comply with both the UBC requirements
for natural light and the 1994 UBC Sound Transmission Control guidelines.
2. Prior to the issuance of any Certificates of Occupancy, the applicant shall permit Community
Development Department, Engmeering and Housing Office staff to inspect the property to determine
compliance with the conditions of approval; and,
3. Prior to the issuance of any building permits, a review of any proposed minor changes fi.om the
approvals, as set forth herein, shall be made by the Planning and Engineering Departments, or referred
back to the Planning and Zoning Commission.
4. The applicant shall provide roof overhangs or other sufficient means of preventing snow from falling
on both the stairways leading to the doors and the areas in front of the doors to each of the ADUs:
sufficient means of prevanting icmg of the stairways is also required.
5. All material representations made by the applicant in this application and during public meetings with
the Planning and Zoning Commission shall be adhered to and shall be considered conditions of
approval, unless otherwise amended by a Board/Commission having authority to do so.
D. Consolidated Conceptual/Final Planned Unit Development (PUD) and Subdivision:
That a recommendation to approve the Consolidated Concepmal/Final Planned Unit Development (PUD)
and Subdivision requests, is forwarded to the City Council. That is, the Commission recommends to
Council that the Bell Mountain Townhomes requests for both Conceptual/Final Planned Unit
Development, including the request for a variance from the minimum open space requirement, and
Subdivision be approved by the City Council with the following conditions:
1. Of the proposed plans, only those portions for which allocations already exist (three units) could be
issued building permits upon approval, while development of the remaining portions (four units)
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cannot commence unless and until the necessary allotments have been procured through the annual
small lodge lottery.
2. If the proposed use. density or timing of the construction of the project change, or the site, parking
or utility plans for this project change sunsequant to this approval, a complete set of the revised
plans shall be provided to the Engineering and Community Development Departments for review
and m-evaluation.
3. A manholes shall be placed in the westernmost driveway m order to provide access to the
mechanical spaces lying beneath the driveways. Oil and sand separators are required for the "slot
drains" that are shown for each of the seven garage entries. Clear water connections such as
foundation, roof and surface run-off drams are prohibited from the public wastewater system. The
applicant shall con~'ibute funds to the Aspen Consolidated Sanitation District to help address an
existing downstream constraint in the collection system. A tap permit must be completed at the
office of the Aspen Consolidated Sanitation District: payment of the total connection charges shall
be made prior to the issuance of a builcFmg permit.
4. Utility meters and service connection points must be accessible to service personnel in the
completed project and must not be obstructed by garbage or recycling containers, other structures or
vegetation Any new surface utilities reqmring a pedestal or other above ground equipment must be
installed on an easement provided by the proper~y owner and not located within the public rights-of-
way.
5. The cost' of relocating, re-wiring and energizing the electrical switch gear shall be borne by the
developer.
6. Trash and recycling contimers shall be located such that haulers have unobstructed, easy access for
pick up and such that the containers and their enclosures do not encroach into the public rights-of-
way.
7. The subdivision plat shall include easements for the relocated switdh gear and all the vaults.
pedestals and above and below ground appurtenances for these utility srrnctures.
8. The site development must meet the runoff design standards of the Land Use Code at Section
26.88.040(C)(4)(~), and the build'rog permit application must include a drainage mitigation plan (full
s~ze - 24" x 36") and report, both signed and stamped by an engineer registered in the State of
Colorado.
9 A snow removal and storage plan shall be submitted to and approved by the City Engineering
Department prior to the issuance of any building permits.
10. An easement for the placement ora bus stop bench shall be granted along the East Cooper Avenue
right-of-way, and said easement shall be indicated on the fmal subdivision plat.
11. As determined necessary by the City Engineering Department, the existing sidewalks, curbs and
gutters shall be repaired or replaced m meet the sidewalk stahdards before issuance of any
Certificates of Occupancy for the project. Any improvements or areas disturbed during construction
will be restored to existing condition or better. The existing driveway curb cuts onto South Sprmg
Street and East Cooper Avenue shall be replaced with curb and gutter matching the exisfmg profile.
12. A concrete apron with design standards acceptable to the City Engineer shall be constructed at the
westerly end of the alley although the alley itself shall not be paved. "Slow, Pedestrian Crossing"
s~gns shall be installed by the developer at each end of the alley m a manner that will not inhibit
routine mimtenance of the alley but will ensure Visibility to vehicles before crossing the sidewalks
when exiting the alley.
13. The existing fence along the East Cooper Avenue frontage shall be either removed from the right-of-
way or relocated to within the property boundaries.
14. If existing street lights are disturbed or damaged during construction_ they shall be replaced in kind
and in alignment with the other street lights along the subject street
15. Driveway slopes shall not exceed 12% where meeting a public right-of-way.
16. Prior to the issuance of building permits, the applicant shall provide the Engineering and Parks
Depur~euts with detailed information regarding the feasibility and functionality of the proposed
structural grass mat system intended for use on the driveways.
17. Excavation and stabilization plans shall be submitted to and approved by the City Engineering
Depanmant prior to the issuance of any buikFmg permits.
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18. Prior to the issuance of building permits, the developer shall submit a traffic and parking plan
acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and
Utilities Department. The plan shall describe traffic detouring, park'mg, and staging areas for the
several stages of construction of the project. The developer shall be required to rent on-street
parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or
unusable for public parking. These plans and permits will also need to be coordinated with the
Rights-of-Way permit for the utility and street frontage work.
19. Prior to the issuance of any building permits, the developer shall obtain a Fugitive Dust Control
Permit and provide an Erosion and Construction Drainage Plan. The Fugitive Dust Control Plan
must include, as a minimum, plans for fencing, watering of roads and disturbed areas, daily cleaning
of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures
necessary m prevent windblown dust from crossing the property lines or causing a nuisance;
applications may be obtained from the Environmental Health Department and an approved plan is
requi/ed before any building permits can be issued.
20. For purposes of operation, ma'mtenance and administration, each dwelling unit will need m have
separate utility services, metering and isolation valves and switches The general common elements
and limited common elements shall be clearly labeled, dimensioned and identified on a
condominium plat to be ,recorded after substantial completion of the buildings and site development.
Said condominium plat shall be recorded prior to the issuance of any Certificates of Occupancy for
the completed project.
21. The property owner(s) is required to join any future improvement district(s) formed for the purpose
of constructing public improvements which benefit the property under an assessment formula; the
agreement shall be executed and recorded concurrent with the recording of the subdivision plat.
22. Prior to the issuance of any Certificates of Occupancy for the project, the applicant shall submit as-
built drawings of the project showing property lines, building footprints, easements, any
encroachments, entry points for utilities entering the property boundaries and any other
~ improvements to the AsperffPitkin County Information Systems Department in accordance with City
GIS requirements.
23. In the event required, the applicant must receive approval from:
· The City Engineer for design of improvements, including landscaping, within public rights-of-
way;
· The Parks Department for vegetation species, tree removal, and/or public trail disturbances:
· The Streets Department for mailboxes and street cuts: and.
· The Community Development Department to obtaSn permits for any work or development.
including landscaping, within the public rights-of-way.
24. As part of the building permit application, the applicant must file a fireplace/woodstove permit with
the Environmental Health Deparunent. Wood burning ftreplaces and heating devices that utilize
coal as a fuel are prohibited.
25. Prior to obtaining a building or demolition permit, the applicant must have the existing building
tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement fmu.
It is recommended that testing be done well ahead of time so that. if removal is required, delays will
not be experienced
27. During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot occur between the hours of 10 p.m. and 7 a.m.
27. The developer shall provide sufficient depth to the foundation wall and proper drainage to allow the
Aspen trees on the east side of the lot to survive and grow properly. The water line will enter the
property from Spring Street so as not to conflict with the trees. The four proposed spruce trees will
be replaced with deciduous trees. There shall be no vegetation within ten (I0) feet of the electrical
switch gear or in front of the garage entrances. The tree proposed near the Spring Street/alley
intersection shall be relocated m a site that is acceptable m both the City Engineer and the Parks
Deparunent.
~ 28. The applicant shall donate to the City those evergreen trees that must be removed from the site. and
the applicant shall work with the City toward identifying a location within the City to which said
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trees can be moved. Once a location(s) is found, the applicant will pay the costs associated with the
relocation(s).
29. In the event required, a tree removal permit must be obtained from the Parks Department for any
tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of
the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s);
30. The Planned Unit Development (PUD) shall have a minimum open space requirement of 33%: this
represents a variance allowing for two (2%) percent less open space than the minimum allowable
open space in the RMF zone district.
31. All outdoor lighting within the PUD will not cause glare or hazardous conditions. Outdoor lighting
shall be limited to an entry pedestal for each unit. low bollards along the walkways, and porch lights.
Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting sources,
and those fixtures set along the walkways will be set at no more than twelve (12) inches above
fmished grade.
32. Prior to and on a proportional basis to the issuance of any building permits for the residential units,
the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen.
33. All material representations made by the applicant in this application and during public meetings
with the Planning and Zoning Conunission shall be adhered to and shall be considered conditions of
approval, unless otherwise amended by a Board/Commission having authority to do so.
APPROVED by the Commission at its continued meeting on February 17. 1998.
Attest: Planning and Zoning Commission:
~ckie Lothi-~, Deputy City Clerk Sara Garton, Chairperson
APPROVED AS TO FORM:
D~i~ fi~"--? 1 t1 ~[j- s~t ~
Hoe er, Ass' City Attorney