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Home My WebLink Aboutresolution.apz.051-00 RESOLUTION NO, 51 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING THE STREAM MARGIN REVIEW FOR ADDITIONS TO THE KELLER RESIDENCE AT 1430 RED BUTTE DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-013-02-006 WItEREAS, the Community Development Department received an application from Annette Keller ("Applicant"), represented by Klm Raymond of Kim Raymond Architects, for a Stream Margin Environmentally Sensitive Area Review for an addition to an existing residence and a storage shed 1430 Red Butte Drive; and, WltEREAS, the subject property is approximately 52,415 square feet, and is located in the R-30, Low Density Zone District; and, WHEREAS, the Planning and Zoning Commission may approve development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and all development within the Flood Hazard Area, also known as the 100-year flood plain if the Commission makes a determination that the proposed development complies with all review criteria set forth in Section 26.435.040(C) Stream Margin Review; and, WHEREAS, the subject property and proposed development are located at an within 100 feet of the Roaring Fork River's highwater line and floodplain; and, WHEREAS, the Community Development Department recommended approval of the Stream Margin Review with conditions; and, WltEREAS, the Planning and Zoning Commission approved, by a siX to zero (6-0) vote, the Stream Margin Review for additions to Keller Residence at 1430 Red Butte Drive, with conditions recommended by the Community Development Department; and, WHEREAS, the Aspen Planning and Zoning Commission fmds 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 fmds that this Resolution 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 That the Stream Margin Review for 1430 Red Butte Drive is approved with the following conditions: · 1. The building permit application shall include: I IIIIIIBllllllllllllllllllllllllllllllllllllllllllllll 449992 12/27/2999 04:02p RESOLUT! DI:IVZS SZL¥! J. Of 4 R 20.0~ D_0.00 N 0.90 PXTKXN COUNTY CO a. A copy of the final recorded P&Z Resolution. b. The conditions of approval Printed on the cover page of the building permit set. c. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The addition will require fire sprinklers as stated in the Fire Code because the total square footage of the house will be over 5,000 square feet. The existing house will be required to be sprinkled when the remodel is proposed. 2. Prior to issuance of.a building permit: a. The Applicant shall grant to the City a fisherman's easement granting public fishing access within the high water boundaries of the Roaring Fork River course via a recorded "Fisherman's Easement," pursuant to the City of Aspen's Land Use Code Section 26.435.040 Stream Margin Review. b. Before issuance ora building permit, the applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder. 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. c. The primary contractor shall submit a letter to the Community Development Director stating that the Conditions of approval have been read and understood. d. 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. The Applicant shall connect to the City's Water System and pay tap fees to be in compliance with the Municipal Code, if reqUired. e. The City Engineer shall approve the grading and drainage plan for the parcel, including the proposed addition and garage. f. The Applicant shall submit and the Environmental Health Department shall approve a fugitive dust control plan to ensure that dust does not blow onto neighboring properties or get tracked onto adjacent roads, if required. g' Run'°ff from the site during construction must be prevented by detention ponds, hay bales, or similar methods to be approved by the City Engineer, if required. It. 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, if required. 3. No excavation or storage of dirt or material shall occur within tree driplines. 4. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way nnless specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their mployees, shall abide by the parking hm~tations of the area. The applicant shall inform the contractor of this condition. I IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII 449992 1.2/27/2000 04:02P RE$OLUT! DI~VX$ $XLVX 2 o~ 4 R 20.00 O 0.00 N 0.00 P!TKZN COUNTY CO 5. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 6. Bef°re issuance of a building permit, the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the 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. 7. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 8. 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. 9. 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. 10. For the purpose of maintaining the integrity of the Roaring Fork River's riparian area, the applicant shall erect silt fencing to protect the riparian area until the completion of ail construction and sign-off by the Building InSpector. 11. Outdoor lighting shall meet the standards set forth in Section 26.575.150 of the Land Use Code. 12. Any changes to the design or representation made to staff or the Commission in this application for development within the ESA area must be formally accepted as an amendment to this ESA approval. 13. Historic drainage patterns and flow rates must be maintained. _S. ection 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 Zoning Comanission or City Council, are hereby incorporated m such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. .Section 3: 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 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 I Illlll IIlll Illlll Illlll IIII Illl IIlllll Ill Illll IIII Illl 449992 12/27/2000 04:02P RESOLUTI O;tVI$ SILVI 3 of 4 R 20.80 O 0.88 N 0.00 PITKIN COUNTY CO 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 on the 24th day of October, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: C~ty Attorney ' bert Blaich, Chair ATTEST: f~,~ckie Lomian, DePuty City Clerk F:\1430 Red Butte reso.doc I IIIIII IIIII IIIIII IIIIII IIII IIII IIIIIII III IIIII IIII IIII 449992 12/27/2890 04:02p R£$OLUTI' D;IVZS SZLV! 4 of' 4 R 20.00 D 0 00 /4 0 00 pITg~rN COUNTY CO