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HomeMy WebLinkAboutresolution.apz.003-04 Page: 1 o~' 4 03/01/2004 09: SILVIA DAVIS PITKIN COUNTY CO R 21 .00 D 0.00 RESOLUTION NO. 03, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLINE REVIEW FOR 938 SOUTH MILL STREET, PARCEL 6, ASPEN MOUNTAIN SUBDIVISION PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-02-206 WHEREAS, the Community Development Department received an application from Top of Mill Investors LLC, requesting 8040 Greenline Review; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Dev~elopment Department recommends approval of the 8040 Greenline Review for 938 South Mill Street/Parcel 6, Aspen Mountain Subdivi sion PUD; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and. WHEREAS, the City of Aspen Planning and Zoning Commission approved the request via Resolution No. 03, Series of 2004, by a vote of six to zero (6 - 0), to approve the 8040 Greenline Review; and NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission approves the 8040 Greenline Review for the property at 938 South Mill Street/Parcel 6, Aspen Mountain Subdivision PUD, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: 1. Prior to issuance of a building permit: ao The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. 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. BILVIA DAVI~ PITKI~ OOUNTY CO R ~1.00 D 0.00 c. The Community Development Engineer shall approve the grading and drainage plan for the parcel, including the proposed addition, driveway, and garage. d. The Applicant shall submit for approval to the Environmental Health Department a fugitive dust control plan to ensure 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 Community Development Engineer. f. The Applicant shall submit for approval to the Parks Department and Community Development Department a detailed landscaping plan. A tree removal permit may be required by the City Parks Department and approval from the Parks Department is necessary for any off-site replacement or mitigation of removed trees. 2. The building permit application shall include the following: a. A copy of the final recorded P&Z Resolution. b. The Applicant shall provide the Community Development Engineer with a soils test performed by a professional licensed geo-technical engineer in the State of Colorado demonstrating that the parcel is suitable for additional development considering its slope, ground stability characteristics, including mine subsidence and the possibility of mud flow, rock falls and avalanche dangers. If the soils test does not demonstrate that the parcel is suitable for additional development, then this Resolution shall be rendered null and void. c. The conditions of approval printed on the cover page of the building permit set. d. A completed tap permit for service with the Aspen Consolidated Sanitation District. e. The building plans shall demonstrate an adequate fire suppression system for fire protection approved by the Aspen Fire Marshal. The Aspen Fire Marshal shall approve ingress and egress to the property. f. A construction fence shall be erected along all portions of the property. There will be no storage of construction materials, backfill, tools or construction traffic outside of the protective fence. Erosion control measures may be necessary depending upon the site. There is no excavation or disturbance of the native area outside of the protective fence. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. g. Per requirements of the PUD Agreement, a detailed erosion control and irrigation plan will be required for review by the Parks Department, identifying the irrigation along any Public ROW and native areas. h. Per requirements of the PUD Agreement, construction of the mud and debris wall will require over dig, the area of said over dig will be re-vegetated. Reference # 5. i. Per requirements of the PUD Agreement, a detailed landscape plan submitted and reviewed during the building permit review process. Landscape plan SILVIA DAVIS PITKIN COUNTY CO R 21.00 r~ 0.00 should reflect the species, numbers and locations of plantings. Additionally, included on the detailed plan will be any right-of-way plantings or requirements. Areas outside of the building envelope currently disturbed by the excavation of the entire Top of Mill site shall be restored with native plants and materials. Landscape plan shall take into consideration fire mitigation and use only drought tolerant trees and plants as well as space and group away from the house to prevent future problems with fuels. 3. 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 parking limitations of the area. The applicant shall inform the contractor of this condition. 4. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between '7 a.m. and 7 p.m on Monday thru Saturday. 5. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 6. 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. 7. Colors shall tend to be earth tones to make the building compatible with the hillside. No reflective materials shall be used. 8. The Applicant shall submit an outdoor lighting plan and exterior lighting cuts sheets that demonstrate compliance with the City of Aspen Lighting ordinance at the time of Building Permit Submittal and/or prior to purchasing the lighting fixtures. 9. The Applicant shall install a fire sprinkler system throughout the residence if it is over 5,000 SF. 10. 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. 11. The Applicant shall place a vegetation protection fence around the drip lines 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 drip lines. Section 2: All material representations and commitments made by the applicant pursuant to this application, whether in public heatings or documentation presented before the Planning and SILVIA DAVIS PITKIN COUNTY CO R 21.00 O 0,00 Zoning Commission are hereby incorporated in such plan 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 deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on January 13, 2004. APPROVED AS TO FORM: Asst. City Attorney, DaSd Hoe~e, PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ATTEST: ie Lothian, Deputy City Clerk