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HomeMy WebLinkAboutresolution.apz.012-04SILVI~ DAVIs P~TKIN COUNTY S 05/12/2004 09:20 - _ R 26.00 D 0.00 RESOLUTION NO. 12 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 1) 8040 GREENLINE ~VIEW ~D 2) APPROVING VARIANCES FROM THE BUILDiNG'Q~ENTXTiON, BUnD_To LINES; AND SECONDARy MASS ~SIDE'NTi~'DESiGN STUD. s FOR A SINGLE-FAMILY RESIDENCE ON LOT 4, OF T~E'TIiSPLE'~OODS ' ' SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY;"COEORADo. Parcel No. 2737-182-96-003 WHEREAS, the Community Development Department received an application from Aspen Land Fund LLC, represented b y Vann Associates, LLC, requesting approval of an 8040 Greenline Review and variances from the Building Orientation, Build-to lines, and Secondary Mass Residential Design 'Standards to construct a new single-family residence on Lot 4, of the Tipple Woods Subdivision; and, WHEREAS, the subject property is approximately 3,792 square feet find is located in the Lodge/Tourist Residential Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 7,990 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Rewew; and, WHEREAS, the Planning and Zoning Commission may approve variances from the Resider/tial 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 has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions, the 8040 Greenline Review and variance requests from the Building Orientation, Build-to lines, and Secondary Mass Residential Design Standards; and, WHEREAS, during a duly noticed public hearing on April 20, 2004, the Planning and Zoning Commission approved with conditions, by a four to zero (4-0) vote, the Anderman 8040 Greenline Review and residential design standard variance requests to construct a new single-family residence on Lot 4, of the Tipple Woods Subdivision; 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 finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. Page: 2 of 5 . 05/12/2004 Og:ZO $ILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 NOW, THEREFORE, BE IT RESOLVED BY THE 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 Municipal Code, the Anderman 8040 Greenline Review to construct a new single-family residence on Lot 4, of the Tipple Woods Subdivision is hereby approved with the following conditions: o The Applicant shall submit a detailed landscaping plan for approval by the City of Aspen Parks Department at the time of building permit submittal. The landscaping plan shall indicate that the Applicant shall re-vegetate any disturbed areas that are not within the footprint of the proposed residence (footprint includes patio) to the satisfaction of the City of Aspen Parks Department prior to obtaining a Certificate of Occupancy. 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 of trees to be saved. The building permit application shall include the following: 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 mitigation of removed trees, if applicable. e. The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the requirements of the Fire Marshal may also need to be installed at the discretion of the Aspen Fire Marshal. f. A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The City encourages that site workers be shuttled in from the airport parking area. g. A Geotechnical Report and study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site o o 12/2004 09:201 SILVIA DAVIS ~ITKIN COUNTY CO R 26.00 D 0.00 may be performed without damaging adjacent structures and/or properties. This study shall include a detailed description of the slope stabilization and erosion control techniques to be used during construction. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide a financial assurance in an amount to be determined by the Community Development Engineer. The City Engineering Department strongly prefers that the Applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. A drainage and erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. Silt fencing shall be incorporated into the erosion control plan. A 2-year storm frequency should be used in designing any drainage improvements. The drainage plan shall demonstrate that there will be no increase in the site's historic runoff as a result of the new residence. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. The Applicant shall provide a new, individual sanitary sewer service line to serve thee proposed residence. The new service line shall meet the standards of the Aspen Consolidated Sanitation District. Sanitary sewer service is contingent upon compliance with-the Aspen Consolidated Sanitation District's rules, regulations, and specifications. The Applicant shall install a new water service line to the residence that meets the requirements of the City of Aspen Water Department and provides sufficient water pressure to serve the residential water needs and the fire sprinkler system that is required by the Fire Marshal. If the water line is to be shared with other residences, the Applicant shall sign a common water service line agreement and the residence shall have an individual water meter. The Applicant shall abandon the existing water service line at the main prior to making a new connection. Prior to issuance of a building permit, 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 fees pertaining to this property is finalized as part of the Residences at Little Nell Final PUD project, those fees shall be payable according to such agreement. 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. 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 Paste: 4 o+" 5 05/12/2004 Og SI~_VI~ DAVIS PITKIN COUNTY CO R 26.00 D 0.00 Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amended from time to time. 10. Two (2) off-street parking spaces designated for use by the residence on Lot 4 of the Tipple Woods Subdivision shall be maintained on the adjacent Tipple Woods Lodge property or a City approved parking alternative shall be enacted in conjunction with the construction of the Residences at Little Nell or the Tippler Townhomes that will provide two (2) off-street parking spaces within .the City that are to be designated for use by the single-family residence on Lot 4, of the Tipple Woods Subdivision. Section 2: Pursuant to Land Use Code Section 26.470.070, GMQS Exemptions, a GMQS exemption is herby granted for a replacement residence provided that the Applicant pays the applicable affordable housing impact fee prior to building permit issuance pursuant to Land Use Code Section 26.470.070(B)(1)(d). Section 3: Pursuant to Land Use' Code Section 26.410, Residential Destgn Standards, the requested variances from the Building Orientation, Build-to lines, and Secondary Mass Residential Design Standards are hereby approved. Section 4: The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, pursuant to the Land Use Code of the City of ASpen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 4, of the Tipple Woods Subdivision, by Resolution No. 12, Series of 2004, of the Aspen Planning and Zoning Commission. Page: 5 of' 5 SD_~/IA DJ~VIS PITKIN COUNTY 05/12/2004 09:20~ --- __ R 26.00 O 0.00 Section 5: --~ All material represefitations 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, 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 6: This resolution shall not affect 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 7: 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 Planning and Zoning Commission of the City of Aspen on the 20th day of April, 2004. APPROVED AS TO FORM: PLANNING AND' ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: ffckie'Loth~d~, Deputy City Clerk