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HomeMy WebLinkAboutresolution.apz.014-02 AMENDED RESOLUTION NO. 14 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 1) 8040 GREENLINE REVIEW FOR THE ELMORE RESIDENCE, AND 2) APPROVING VARIANCES FROM BUILDING ORIENTATION AND DRIVEWAY SLOPE RESIDENTIAL DESIGN STANDARDS, AND 3) APPROVING A VARIANCE FROM THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD FOR LOT 11, SlLVERLODE SUBDMSlON, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-074-30-004 WHEREAS, the Community Development Department received an application from John Elmore, represented by Stan Mathis, for an 8040 Greenline Environmentally Sensitive Area Review to increase the allowable FAR on tl~ ~ite t9 3 489 square feet and an application for variances from the Building Orientation, Driveway Slope, and Secondary Mass Residential Design Standards; and, WHEREAS, the subject property is approximately 13,329 square feet and is located in the Affordable Housing-Planned Unit Development Zone District; and, WHEREAS, City Council Ordinance No. 52, Series of 1994 granted final review approval for Subdivision, Planned Unit Development, Growth Management Quota SyStem EXemption, and Vested Rights for the Williams Ranch Project, including the Silverlode subdivision; and, WHEREAS, the proposed development is located at an elevation of approximately 8070 feet above sea level and within the review authority of the Planning and Zoning Commission, pursuant to Section 26.435.020 Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at or 150 feet below the 8040 Greenline in conformance with the review criteria set forth in Section 26.435.030(C) 8040 Greenline review; and, WHEREAS, the Planning and Zoning Commission may approve variances from the Residential Design Standards when the variance request is consolidated with another land use request in which the commission has the review authority; and, WHEREAS, the Community Development Department recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review and variance requests from the Building Orientation and Driveway Slope Residential Design Standards; and, WHEREAS, the Community Development Department recommended that the Planning and Zoning Commission deny the proposed SecOndary Mass Variance; and, WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, the 8040 Greenline Review for the Elmore residence with conditions; and, WHEREAS, during a duly noticed public hearing on April 2, 2002, the Plarming and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the Building Orientation Residential Design Standard; and, WHEREAS, during a duly noticed public hearing on April 2, 2002, the Plarming and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the Driveway Cut Residential Design Standard; and, WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the Secondary Mass Residential Design Standard; 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, WHEREAS, the Aspen Planning and Zoning Commission f'mds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the 8040 Greenline Review for the Elmore residence, Lot 11, Silverlode Subdivision, allowing for an increase in allowable FAR of 317 square feel to construct the proposed single'family residence is approved with the following conditions: 1. The Applicant shall submit a detailed landscape plan to the City of Aspen Parks Department at the time of building permit submittal. 2. The applicant shall obtain a tree removal permit for may trees to be removed. 3. Barrier and Construction fencing shall be placed around the building envelope during construction and shall not be removed until the applicant obtains a Certificate of Occupancy. 4. The Applicant shall place a vegetation protection fence around the driplines of any trees to be saved and shall have the City Forester or his designee inspect the fencing prior to commencing construction activities. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the driplines. 5. · The Applicant shall install a fire sprinkler system throughout the residence if it is over 5,000 SF. 6. The building permit application shall include: a. A copy of the final 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, if applicable. e. The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshall. 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. appli form nditi The cant shall in the contractor of this co on. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a~m. and 7 p.m, Monday through Saturday. 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. 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. 11. The applicant shall snowmelt the driveway. Section 2: That the requested Variances from the Building Orientation, Driveway Cut, and SecOndary Mass Residential Design Standards are approved. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating 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: This Ordinance 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 5: ~, ~ 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 to ~s N g shall be deemed a separate, distinct and independent provision and shall not affect the ~ o validity of the remaining portions thereof. ~' APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd ._ day of April, 2002. (previously recorded 466650, amended due to error on approval date). ~ o APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ Cit~Attomey ¥ Jasm/ne Tygre, Chair [ (,~ ATTEST: J~kie Lothian! Deputy City Clerk RESOLUTION NO. 14 (SERIES OF 2002) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 1) 8040 GREENLINE REVIEW FOR THE ELMORE RESIDENCE, AND 2) APPROVING VARIANCES FROM BUILDING ORIENTATION AND DRIVEWAY SLOPE RESIDENTIAL DESIGN STANDARDS, AND 3) APPROVING A VARIANCE FROM THE SECONDARY MASS RESIDENTIAL DESIGN STANDARD FOR LOT 11, SILVERLODE SUBDIVISION, CITY OF ASPEN, PITI(IN COUNTY, COLORADO. Parcel No. 2737-074-30-004 WHEREAS, the Community Development Department received an application from John Elmore, represented by Stan Mathis, for an 8040 Greenline Environmentally Sensitive Area Review to increase the allowable FAR on the site to 3,489 square feet and an application for variances from the Building Orientation, Driveway Slope, and Secondary Mass Residential Design Standards; and, WHEREAS, the subject property is approximately 13,329 square feet and is located in the Affordable Housing-Planned Unit Development Zone District; and, WHEREAS, City Council Ordinance No. 52, Series of 1994 granted final review approval for Subdivision, Planned Unit Development, Growth Management Quota System Exemption, and Vested Rights for the Williams Ranch ProJect, including the Silverlode subdivision; and, WHEREAS, the proposed development is located at an elevation of approximately 8070 feet above sea level and within the rewew authority of the Plauning and Zoning Commission, pursuant to Section 26.435.020 Environmentally Sensitive Areas; and., WHEREAS, the Planning and Zoning Commission may approve development at or 150 feet below the 8040 Greenline in conformance with the review criteria set forth in Section 26.435.030(C) 8040 Greenline review; and, WHEREAS, the Planning and Zoning Commission may approve variances from the Residential Design Standards when the variance request is consolidated with another land use request in which the Commission has the review authority; and, WHEREAS. the Community Development Department recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review and variance requests from the Building Orientation and Driveway Slope Residential Design Standards; and, WHEREAS, the Community Development Department recommended that the Planning and Zoning Commission deny the proposed Secondary Mass Variance; and, WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, the 8040 Greenline Review for the Elmore residence with conditions; and, Page: 1 of 4 04/25/2002 02; l&~ WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the Building Orientation Residential Design Standard; and, WIIEREAS, during a duly .noticed public heating on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the Driveway Cut Residential Design Standard; and, WHEREAS, during a duly noticed public hearing on April 2, 2002, the Planning and Zoning Commission approved, by a seven to zero (7-0) vote, a variance from the Secondary Mass Residential Desig~a Standard; 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, WHEREAS, the Aspen Planning and Zoning Cormnission finds 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 8040 Greenline Review for the Elmore residence, Lot 11, Silverlode Subdivision, allowing for an increase in allowable FAR of 317 square feet to construct the proposed smgle-family residence is approved with the following conditions: 1. The Applicant shall submit a detailed landscape plan to the City of Aspen Parks Department at the time of building permit submittal. 2. The applicant shall obtain a tree removal permit for any trees to be removed. 3. Barrier and Construction fencing shall be placed around the building envelope during construction and shall not be removed until the applicant obtains a Certificate of Occupancy. 4. The Applicant shall place a vegetation protection fence around the driplines of any trees to be saved and shall have the City Forester or his designee inspect the fencing prior to commencing construction activities. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the driplines. 5. The Applicant shall install a fire sprinkler system throughout the residence if it ~s over 5,000 SF. 6. The building permit application shall include: a. A copy of the final 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, if applicable. e. The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshall. 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, Monday through Saturday. 9. All uses and construction will ~omply 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. 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. 11. The applicant shall snowmelt the driveway. Section 2: That the requested variances from the Building Orientation, Driveway Cut, and Secondary Mass Residential Design Standards are approved. Section 3: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether /n 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: This Ordinance 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. 4666,5~ ~ Section 5: If any Section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any mason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be de~ned a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereofi APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd day of April, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Cit to Jasmine Tygre, Chair ATTEST: /~ckie Lothian-, D~eputy City Clerk Page: 4 of 4 04/25/2002 02 BILVIA D;~VIS PITKIN COUNTY CO R 20.00 D 0.00