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Home My WebLink Aboutresolution.apz.020-00 RESOLUTION NO. 20 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE 8040 GREENL1NE REVIEW FOR LOT 1, UTE PARK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-184-03-001 WHEREAS, the Community Development Department received an application from Howard G. Stacker and James T. Martin ("Applicants"), represented by Joseph Wells of Joseph Wells Land Planning, for an 8040 Greenline Environmentally Sensitive Area Review, and for variances from the secondary mass and garage not at grade Residential Design Standards for a new single family residence located at Lot 1, Ute Park Subdivision; and, WHEREAS, the subject property is approximately 43,084 square feet and is located in the Affordable Housing Zone District; and, WHEREAS, City Council Ordinance No. 18, Series of 1992 granted final review approval for Rezoning for Rural Residential to Affordable Housing, Subdivision, Final Planned Unit Development, Growth Management Quota System Exemption. Vested Rights, and Waiver of the Watermain Extension Moratorium; and, WHEREAS, the subject house and proposed development are located at an elevation above 8040 feet above sea level and within the review authority of the Plauning and Zoning Commission, pursuant m Section 26.435.020 Environmentally Sensitive Areas; and, WttEREAS, the Planning and Zoning Commission may approve development at or 150 feet below the 8040 Cn'eenline in conformance with the review criteria set forth in Section 26.435.030(C) 8040 Greeniine review; and, WHEREAS, the Community Development Department recommended approval of the 8040 Greenline Review with conditions; and, WHEREAS all applications for appeal from the Residential Design Standards of Section 26.410.040 must meet one of the following criteria in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a g~ven standard or provision responds to; or e) be clearly necessary for reasons of fairness related to unusual site specific constraints, and I Illlll IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 442931. 05/02/2000 0], :21.P RESOLUTI DI~VI$ $ILVI ] of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS The Planning Staff, in a report dated April 18, 2000, recommended approving the variances for secondary mass and garage not at grade from the Residential Design Standards finding that criteria c has been met; and, WHEREAS, during a duly noticed public hearing on April 18, 2000, the Planning and Zoning Commission approved, by a six to one (6-1) vote, the 8040 Greenline Review for the Ute Park Parmership residence with conditions recommended by the Community Development Department; and, WltEREAS, the Aspen 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 Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, TI-IEREFORE, BE IT RESOLVED BY TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the 8040 Crreeniine Review for the Ute Park Partnership residence, Lot 1, Ute Park Subdivision is approved with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. c. The City Engineer shall approve the grading and drainage plan for the parcel and proposed addition. d. The Applicant shall submit and the Environmental Health Department shall approve a fugitive dust control plan to er/sure that dust does not blow onto neighboring properties or get tracked onto adjacent roads. e. Run-off from the site during construction must be prevented by detention ponds, hay bales, or similar methods to be approved by the City Engineer. f. The Applicant shall submit and the Parks Department and Community Development Department shall approve a detailed landscaping plan for Lot 1. g. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. The tree removal plan, when compared to the grading plan, seems to interfere with planned saved trees. This issue needs to be clarified and is susceptible to the City of Aspen Tree Removal ordinance. I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 442931 05/02/2000 Ot:21P RESOLUTI DAVIS SXLVX 2 o; 5 R 25.00 D 0.90 N 0,00 PITKIN COUNTY CO 3. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A Nordic trail crosses Lot 1, approximately 50 - 75 feet above the unconditional building envelope. Parks has been working closely with Mr, Martin in selecting an alignment that is amenable to all and recently finished construction on the section that crosses Lot 1. There is a fully recorded, legal Nordic trail easement across Lot 1, but Mr. Martin and Ben Dodge, Nordic Trails Coordinator, agreed to adjust the alignment of the trail outside of this easement for a short ways because of aesthetic and practical reasons. Because of this agreement, a portion of the Nordic alignment (approximately 200 feet in length) as it is now located has not been surveyed or officially recorded as an alignment. It would be good to finalize negotiations on this section of trail during the review process. It is important to minimize disturbance of this trail during construction, and if construction is going on during the winter, then it would be advantageous to skiers if the trail remains open and usable i.e., no dirt, rocks, or equipment on the trail. e. The building plans shall demonstrate an adequate sprinklered system for fire protection approved by the Aspen Fire Marshall. The current water pressure may be insufficient for a fire sprinkler and that a pumping or storage may be required to deliver an adequate flow at the highest elevation. The Water Department calculates the available water pressure in the upper floor at approximately 25 psi. 1) Since the building will be sprinkled, then the building may need a water storage area or be re-tapped with a larger tap to provide for sprinkler service. 2) If current tap size is adequate, then only a water pump will need to be added for sprinkler service. 3) If current tap is inadequate, then a water pump and water storage tank will be needed for sprinkler service. 4. No excavation or storage of dirt or material shall occur within tree driplines. 5. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employees', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 7. Before issuance ora building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 442931 05/02/2000 01:21P RE$OLUT! DI:IVZS SILV! 3 et* 5 R 25.00 D 0.00 N 0.80 P'I'TKI'N COUNTY CO Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 8. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 9. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 10. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal code as they pertain to utilities. 11. Colors shall tend to be earth tones to make the building compatible with the hillside. 12. There shall be no future grading on the site without 8040 Cn'eenline Review. 13. Approval of the 8040 Crreenline Review is conditioned upon approval of the variances from the secondary mass and garage not at grade provisions of the Residential Design Standards for this property. Section 2: 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 Zouing 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. Seetion 3: This Ordirmnce 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 remalmag portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 18th day of April, 2000. APPROVED AS TO FORM: PLANNING A_ND ZONING COMMISSION: I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 442931 05702/2009 01:21P RESOLUT! DAVIS SZLV! 4 o~ 5 R 25.08 D 8.00 N 0.00 PITKZN COUNTY CO ATTEST: l/ p/bert Blaich, Chair ! ~/a~kie Lothian, D~puty C{ty Cl~rk I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII III 442931 05/92/200~ 01:21P RESOLUT! DRVI$ $1~LV'r 5 et' 5 R 25.00 D 0.00 N 0.00 PZTKt'N COUNTY CO