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.
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$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
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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
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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.
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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