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HomeMy WebLinkAboutresolution.apz.007-99 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE SPECIAL REVIEW FOR PARKING AND RECOMMENDING CITY COUNCIL APPROVAL OF THE FINAL PLANNED UNIT DEVELOPMENT APPLICATION, REZONING AND SUBDIVISION FOR THE BARBEE PROPERTY, LOTS 1 AND 2 OF BLOCK 11, AND LOTS 1-9 OF BLOCK 5, CITY AND TOWNSITE OF ASPEN, PLUS ADDITIONAL METES AND BOUNDS DESCRIBED PROPERTY WITHIN THE CITY OF ASPEN AND PITKIN COUNTY AS REPRESENTED, PARCEL NO. 2735-131-00-100 Resolution #99 - ~ WHEREAS, the Community Development Department received an application from Mary Barbee, John Barbee, Hallie Rugheimar, Aspen-Pitkin Employee Housing Inc., applicant, for a Special Review for Parking, and Final Planned Unit Developmem, rezoning and subdivision approval on an approximately 17.34 acre parcel of land, described as Lot 1 and 2 of Block 11, and Lots 1-9 of Block 5, City and Townsite of Aspen plus additional metes and bounds described property within the City of Aspen and Pitkin County as represemed, for the development of ten new residential units consistent with the Affordable Housing - Planned Unit Development (AH1-PUD) Zone District, the Conservation Zone District, and the R-15/PUD Zone District; and, WHEREAS, the application was referred to the relevant agencies and the Housing Office, Fire Marshall, Environmental Health Department, Aspen Consolidated Sanitation District, City Engineering Departmem, Parks Department, and Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a regular meeting on March 16, 1999, the Planning and Zoning Commission approved the Special Review for Parking and recommended, by a 4 to 0 vote, the City Council approve the Final Planned Unit Development, rezuning and subdivision for the Barbee property, with the conditions recommended by the Community Development Departmem, as amended by the Commission; and, WHEREAS, the proposed development is further subject to Annexation and Residential Design approval pursuant to the Municipal Code. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby approves the parking for this project, and recommends that the City Council approve the Final Planned Unit Development, rezoning and subdivision with the following conditions: 1. The Land Use action is subject to annexation of the property into the City of Aspen. Failure to complete annexation for any reason shall render this land use action void 2. Within 180 days after final approval by City Council and prior to applying for a Building 'Permit, the applicant shall record a Final PUD/Subdivision development plan. This plan shall include all necessary plat requirements of the City Engineer including site plans, grading plans, utility plans, any physical improvements required to mitigate for additional air quality impacts as determined by the City Environmental Health Department, all utili .ty easements. architectural plans and elevations, and a landscape plan. 3. Within 180 days after final approval by City Council and prior tO appl~;ing for Building Permit, the applicant shall record a Subdivision Improvements Agreement binding this property, the Barbee Subdivision, to this development approval. The Agreement shall describe all subdivision improvements, requirements, and restrictions, and maintenance, and shall provide financial assurance to the City for said improvements and the success of the site landscaping for a period of two (2) years after installation. The agreement shall be reviewed concurrently with the final plat and approved by the City Attorney prior to recordation. The Planning and Zoning Commission recommends the following description of each Lot's development provisions be included in the final Ordinance: Lot Dimensions: Minimum distance between buildings: Maximum height: Building Envelope: Requirements Common to Entire Development As represented on Final Plat. 10 Feet 25 Feet. No development other than approved landscape materials on natural grade. approved access ways, and approved driveways may occur outside of the building envelope, as represented on the £mal plat and within the setbacks. Minimum percent open space: No requirement Lot 1 (existing free-market) Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: R-15- PUD 4,500 s.f. 10 feet. Varies, refer to building envelope on fmal plat. North and East sides 10 feet each. Lot 2 (free-market) Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: AH1-PUD 4.500 s.f. 10 feet 60 feet. 10 feet. Lot 3 (free-market) Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: AH1-PUD 4,500 s.f. 10 feet. 50 feet. 10 feet. Lot 4 (free-market} Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: AH1-PUD 4,500 s.f. 10 feet. 50 feet.. I0 feet. Lot 5 (resident occupied) Zone District: Allowable Floor Area: Maximum Gross Floor Area: Setbacks: Minimum fronl yard: AH1-PUD 2,575 s.f. as measured pursuant to City Zoning Pursuant to APCHA Guidelines for Re Units. 10 feet. Minimum rear yard: Minimum side yards: Lot 6 (resident occupied) Zone District: Allowable Floor Area: Maximum Gross Floor Area: Setbacks: Minimum front yard: Minimum rear yard! Minimum side yards: Lot 7 (resident occupied) Zone District: Allowable Floor Area: Maximum Gross Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: Lot 8 (catel~orv unit} Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: Lot 9 (category unit) Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: Lot 10 (category unit) Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: Lot 11 (category unit) Zone District: Allowable Floor Area: Setbacks: Minimum front yard: Minimum rear yard: Minimum side yards: Varies, refer to building envelope on fmal plat. North I0 feet; South 15 feet. AH1-PUD 2,575 s.fi as measured pursuant to City Zoning Pursuant to APCHA Guidelines for RO Units. 10 feet. Varies, refer to building envelope on final plat. 10 feet. AH1-PUD 2,575 s.f. as measured pursuant to City Zoning Pursuant to APCHA Guidelines for RO Units. 10 feet. Varies, refer to building envelope on fmal plat. North 10 feet; South 15 feet. AHI-PUD 1,400 s.f. plus a 500 s.f. basement. 35 feet from southern-most lot line 10 feet east 0 feet; west 9 feet. AH1-PUD 1,400 s.f. plus a 500 s.f. basement. 27 feet 10 feet east 7 feet; 0 feet. AHI-PUD 1,400 s.f. plus a 500 s.f. basement. 14 feet 10 feet east 0 feet; west 7 feet. AH 1 -PUD 1,400 s.f. plus a 500 s.f. basement. 6 feet 10 feet east 14 feet; west 0 feet. Lot 12 (shared access parcel) Zone District: AH1-PUD Allowed Uses: Allowable Floor Area: Setbacks: Trash access area: 10 carport parking spaces, trash, snow storage, uses accessory to use of residential lots. Residential use shall require a substantial PUD amendment. 10 covered carports in two structures as represented on final plat. As represented on final plat. Minimum 10 wide, unobstructed. Conservation Parcel Zone District: Allowed Development and Uses: Conservation Uses allowed in the Conservation Zone District and allowed pursaant to the Deed of Conservation Easement. Uses and development necessary for community health and safety reasons may occur on this parcel. 5. The City shall accept title to the "conservation parcel" only after the City Attorney has reviewed all aspects of the Bargain Sale Deed, the Deed of Conservation Easement, and is satisfied that no inordinate liability issues exist with respect to prior mining activities on the parcel. To satisfy this concern, the City may require areas of mining activity to be mitigated, or otherwise properly treated, or a legal instrument indemnifying the City prior to conveyance. 6. Replacement after demolition of the existing single-family residence on Lot #1 shall require ' a GMQS Exemption pursuant to Section 26.100.050, as amended. 7. The Home Owners Association responsible for Lot # 12, the common access way, shall install a stop sign at the exit of the access way at such time determined necessary for public safety by the City Engineer. 8. Access to Lots 2 and 3 shall be via the shared access easement as described on the final plat. The City Engineer shall issue only one curb cut permit between these two Lots. 9. All Lots are subject to the City's Residential Design Standards, as amended. Lot #1 shall be subject to the provisions of the Landscape Guidelines, as proposed in Exhibit B of the draft SIA upon redevelopment of the Lot. All other aspects of the Residential Design Standard, as amended, applicable to all Lots of this Subdivision may be appealed to the Design Review Appeal Committee pursuant to section 26.58, as amended. 10. The Building Permit application for each Lot shall include an appraisal of the Lot's fair market value. The City shall retain the right to concur with the fair market value represented by the owner or obtain a third party appraisal performed by an agreed upon real estate appraiser at the sole cost of the Lot owner. 11. Prior to issuance ora Building Permit for an individual Lot, the School Land Dedication Fee shall be paid in full pursuant to the formula in affect at the time. 12. Prior to recordation of the final plat, an air quality mitigation plan shall be submitted to the City Environmental Health Department for approval. Physical improvements to the site required for mitigation shall be delineated on the final plat. 13. A Building Permit application for any Lot shall include a fugitive dust mitigation plan for review and approval by the City Environmental Health Department. 14. Prior to issuance of a building permit for any Lot, the applicant shall gain the necessary permits from the Environmental Health Department for any fireplaces or woodbuming devices. 15. Construction activity is limited to the hours between 7 a.m. and 10 p.m. No Sunday construction will be allowed. Exceeding the City Noise Ordinance may result in a stop work order. 16. The applicant shall provide a street light near the vehicular entrance to the development. The standard for this light shall be reviewed and approved by the City Engineer. All other exterior lighting shall be downcast, sharp cut-off, and not used to accentual landscape or architectural features of the development. No exterior up lighting is permitted. No exterior floodlights are permitted. 17. The Chief Building Inspector shall assign street addresses as follows: Lots 2-4 shall receive numbers with a S. Garmisch Street address. Lots 5-11 shall receive numbers with a Dean Street address. 18. The applicant is strongly encouraged to protect the existing shed north of the existing parking pad (approximately'lot 4 of Block 5). The structure could be preserved permanently on-site as a cultural landscape feature, preserved temporarily on-site until development and moved to a receiving site, or the facades could be incorporated into the S. Garmisch Street side of the carport structure. 19. Prior to the issuance of a Certificate of Occupancy for the duplex units, six (6) street trees shall be provided along the S. Garmisch Street R.O.W or Midland Trail in locations approved by the City Forester considering the storage of plowed snow. These trees shall be three-inch or greater caliper if deciduous or at east six foot in height if coniferous 20. Prior m applying for a Building Permit, the applicant will be required to gain approval for a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District~ For the duplex units, a shared service agreement may be required. There exists a possibility that gravity service from Lots 5-7 will require a pump system. 21. Prior to issuance of a Building Permit for any Lot, adequate silt fencing shall be erected to ensure that no sediment-loaded drainage will be leaving the property during construction. This fencing shall remain in place until a Certificate of occupancy is issued for the respective Lot. 22. Prior to applying for a Building Permit for any Lot, the applicant shall complete and record an agreemem to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. This agreement can be recorded with the plat and SIA documents. 23. Building Permit applications for any or all lots shall include payment ora $50.00 per project fee in lieu of digital submission requirements. 24. Any work within public rights-of-way shall gain approval from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscapmg from the City Streets Department. 25. The applicant shall record this Planning and Zoning Resolution with the County Clerk and Recorder. 26. That the City council determine the final "mix" of categories to be assigned to Lots 8.9, and 11. 27. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 28. That the language of these conditions as finally approved by the appropriate authority be printed on the cover sheet of the building permit set of plans and all other sets made for the purpose of construction. IIBII (~:6) 29. That the applicant shall be required to provide the contractor with copies of all P&Z, GMC, and City Council resolutions and ordinances applicable to this project. The contractor must submit a letter as part of the building permit application indicating that conditions of approval are known and understood. 30. That a Parking Management Plan be submitted for staff's review and approval prior to the Building permit application which will address the phasing, staging, and construction parking on the site. APPROVED by the Commission at its regular meeting on March 16, 1999. APPROVED AS TO FORM: City~,ttomey ATTEST: a,Deputy City Clerk G:/platming/aspen/resos.doc/p&zfoarbeefinal.doc PLANNING AND ZONING Bob Blaich, Chair