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HomeMy WebLinkAboutresolution.apz.025-00 RESOLUTION NO. 25 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF THE HOLY CROSS ENERGY ASSOCIATION CONSOLIDATED PLANNED UNIT DEVELOPMENT (PUD) AND REZONING TO R-30/PUD LOW DENSITY RESIDENTIAL CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Holy Cross Energy Association, Inc., represented by Alan Richman of Alan Richman Planning Services, for a Consolidated Planned Unit Development (PUD), and Rezoning to R-30/PUD, Low-Density Residential, for a triangular shaped property located above the Aspen City Shop; and, WHEREAS, the Holy Cross Energy Association property is approximately 32,456 square feet, is located in the Conservation and Public Zone Districts; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code, the City Council may approve Amendments to the Official Zone District Map after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing; and, WHEREAS, pursuant to Sections 26.445, the City Council may approve a Planned Unit Development, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing onMay 30, 2000, the Planning and Zoning Commission recommended, by a to __ (_-_) vote, approval of the Holy Cross Energy Association Rezoning to R-30, Low Density Residential, and Consolidated Planned Unit Development, with conditions contained herein; 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, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public cormment at a public hearing; and, WHEREAS, 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, WltEREAS, the Aspen Planning and Zoning Commission finds that this Resohition furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY TIlE 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 Murficipal Code, the Holy Cross Energy Association property, which is a triangular configuration and located above the Aspen City Shop, shall be rezoned from Conservation and Public to R- 30, Low Density Residential, with a Planned Unit Development Overlay. Section 2 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Holy Cross Energy Association Planned Unit Development is approved subject .to the conditions of approval described hereinafter. 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. Prior to an application for a building permit: a. The PUD Agreement and the Final PUD Plans shall be recorded with the Pitkin County Clerk and Recorder. b. A public utility easement shall be approved by the Parks Department and, if approved, utilities shall be installed and the trail along Highway 82 and under ~ Castle Creek Bridge on the subject property shall be rebuilt in a manner approved by the Parks Department. c. A permanent and non-revocable trail easement shall be granted by Holy Cross Energy Association to the City of Aspen for the trail parallel to and under Highway 82 and' Castle Creek Bridge. d. A conservation easement, deed restriction, or other similar mechanism acceptable to the City's Attorney's Office shall be placed on the portion of the property located below Power Plant Road to ensure that this area remains open space and undeveloped in perpetuity. e. The applicant shall submit a detailed landscape plan to the Community Development Department and Parks Department showing the size, species, quantity, and location of ali existing and planned native vegetation on the portion of the parcel located above Power Plant Road. The final landscape plan shall be approved by the Community Development Director after considering a recommendation by the Parks Department. No other landscape improvements or changes to the terrain, except those approved by the Community Development Director, are approved outside the established building and access envelopes. f. The applicant shall grant a permanent easement to the City of Aspen for the maintenance of the retaining walls and support structures below and around Castle Creek Bridge. The easement shall be approximately 15 feet to the sides and above the retaining walls and structures, and continuing to Power Plant Road. ~ The easement shall be approved by the City Engineer. g. The Applicant shall meet the then current growth management requirements for the development of a new single family residence, which may include, but not be limited to, applying for and obtaining a GMQS allotment or exemption, and providing affordable housing mitigation requirements at the then current standards. 4. 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 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. Sagebrush mitigation may be required. e. A completed curb, gutter, and sidewalk agreement, if necessary. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. g. Copies of the public utility, trail, conservation, and retaining walls and structures maintenance easements. 5. 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. 6. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 7. 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. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. All uses and construction shall 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. 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. 12. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the entire structure. The Aspen Fire Marshal shall also approve access to the property. 13. A fugitive dust control permit will be required during construction. 14. Slope stabilization, erosion control, and sediment control measures need to be implemented before, during, and after construction. 15. The proposed building shall not be placed on the pemstock easement traversing through the property to the Aspen City Shop. Section 3: 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. Section 4: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the Planning and Zoning Commission of the City of Aspen on the 30th day of May, 2000. APPROVED by the Commission at its regular meeting on May 30, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney ¥ Robert Blaich, Chair ATTEST: ~ckie Lothian,~'D]eputy C~t~ ~le~k/