HomeMy WebLinkAboutresolution.apz.017-04RESOLUTION NO, 17
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION'RECOMMENDiNG THAT CITYCOUNCiL APPROVE A
REZONING, SUBDIVISION, AND CONSOLiDATED~ONC ~'pUD
TO CREATE LOTS 1, 2, AND 3, OF THE LITTLE AjAX SI~DIVISION/PuD,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Aspen GK, LLC, Burton B. Kaplan, Peter L. Gluck, represented by Joseph Wells
Land Planning, requesting rezoning, subdivision, and consolidated conceptual/final PUD
approval to create Lots 1, 2, and 3 of the Little Ajax Subdivision/PUD; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval of the proposed
rezoning and approval with conditions of the proposed subdivision and consolidated
conceptual/final PUD; and,
WHEREAS, during a duly noticed public hearing on May 11, 2004, the Planning
and Zoning Commission approved a resolution, by a five to two (5-2) vote, recommending
that City Council approve the proposed rezoning and approve with conditions the proposed
subdivision and consolidated conceptual/final PUD; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the 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 Planning and Zoning Commission finds 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:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development and Section 26.480, Subdivision, the Planning and
Zoning Commission hereby recommends that City Council approve the subdivision and
consolidated conceptu~d/final PUD application to create Lots 1, 2 and 3, of the Little Ajax
Subdivision/PuD, with ~he following conditions:
The Applicant shall record a subdivision plat and agreement that meets
the requirements of Land Use Code Section 26.480 within 180 days of
approval.
Lots I and 3 shall share a driveway meeting the City Engineering
Department Design Standards to be accessed off of West Hopkins
Avenue. Lot 2 shall have its own access meeting the City Engineering
Department's design standards to be accessed off of West Hopkins.
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The Applicant shall identify trail easements meeting with the approval
of the City of Aspen Parks Department prior to final subdivision/PUD
plat approval by the City Council. On the final PUD plat the
Applicant shall dedicate said trail easements to the City of Aspen.
The Applicant shall construct sidewalk, curb, and gutter along the
West Hopkins Street frontage of the property being subdivided prior to
issuance of a certificate of occupancy on any of the individual
residences in the subdivision. These improvements shall be designed
using the City's engineering standards. In addition, the tree species and
landscaping to be provided in the planter strip between the curb and
gutter 'and the sidewalk shall be approved by the City Parks
Department.
As part of the building permit submittal for the proposed development
of the subdivision~ the Applicant shall submit geotechnical and soil
stability reports performed by a qualified, licensed engineer
demonstrating the land is suitable to handle the prOposed development.
The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the
proposed development will be sufficiently mitigated to prevent rock
fall hazards.
The Applicant shall contact a specialist to conduct a geophysical
investigation regarding the location of the mineshaft in order to
determine the potential for subsidence. This report shall be submitted
for review by the Community Development Department prior to the
issuance of full structural building permits.
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Prior to building permit issuance for any lot within the subdivision, the
Applicant shall submit a detailed drainage plan prepared by a licensed
professional engineer demonstrating that the development will not
increase historical drainage rate of the properties.
The Applicant shall provide the City with a mine waste testing and
handling plan that complies with the following conditions of approval
as memorialized in Ordinance No. 25, Series 1994 regarding the
handling of any contaminated soils encountered on the property prior
to the application for building permits:
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Any disturbed soil or material that is to be stored above
ground shall be securely contained on and covered with a
non-permeable tarp or other protective barrier approved by
the Environmental Health Department so as to prevent
leaching of contaminated material onto or into the surface
soil. Disturbed soil or material need not be removed if the
City's Environmental Health Department finds that: l) the
excaVated material contains less than 1,000 parts per million
(ppm) of total lead, or 2) that there exists a satisfactory
method of disposal at the excavation site. Disturbed soil and
solid waste may be disposed of outside of the site upon
acceptance of the material at a duly licensed and authorized
receiving facility.
b)
Non-removal of contaminated material. No contaminated soil
or solid waste shall be removed, placed, stored, transported
or disposed of outside the boundaries of the site without
having first obtained any and all necessary State and/or
Federal transportation and disposal permits.
c)
Dust suppression. All activity or development shall be
accompanied by dust suppression measures such as the
application of water or other soil surfactant'to minimize the
creation and release of dust and other particulates into the air.
Vegetable and flower gardening and cultivation. No
vegetables or flowers shall be planted or cultivated within the
boundaries of the site except in garden beds consisting of not
less than twelve (12) inches of soil containing no more than
999-ppm lead.
Landscaping. The planting of trees and shrubs and the
creation or installation of landscaping features requiring the
dislocation or disturbance of more than 1 (1) cubic yard of
soil shall require a permit as provided in Section 7-143 (4).
Any contaminated soil or mine waste rock to be left on-site
shall be placed under structures or pavement. Soils used in
landscaped areas or engineered fills shall be covered by a
minimum of 1 foot of clean soil that contains less than 1,000
ppm lead.)
In the event that any part of the septic system is encountered during
construction, the Applicant shall contact the Environmental Health
Department for directions on proper handling and disposal. In the
event that the Applicant encounters an existing septic system, the
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Applicant shall provide a handling and waste disposal plan that
complies with City Environmental Health Department requirements
for the abandonment of said septic system.
10. Approval of the application for subdivision, zone change, GMQS
exemption and PUD shall be contingent upon the annexation of all of
the property within the subdivision into the City of Aspen.
11. The PUD approved herein shall establish the minimum lot size for Lot
1 as 14,000 square feet and the minimum lot size for Lot 2 as 12,500
square feet. No development is allowed on Lot 3 above the elevation
line of 7,950 feet. The remainder of the dimensional requirements for
the Little Ajax Subdivision/PUD shall be those of the R-15 (Moderate-
Density Residential) Zone District, as amended from time to time.
12. All development within the subdivision shall meet the Residential
Design Standards as set forth in Land Use Code Section 26.410 or
obtain variances from said standards.
13. The applicant shall install a fire sprinkler system that meets the
requirements of the Fire Marshal in any of the proposed residences
that exceed a gross floor area of 5,000 square feet. '
14. The applicant shall comply with the City of Aspen Water System
Standards, with Title 25, and with the applicable standards of Title 8
(Water Conservation and Plumbing Advisory Code) of the Aspen
Municipal Code, as required by the City of Aspen Water Department.
15. The applicant shall comply with the Aspen Consolidated Sanitation
District's rules and regulations. No clear water connections (roof,
foundation, perimeter drains) to ACSD lines shall be allowed. All
improvements below grade shall require the use of a pumping station.
16. The applicant shall pay a proportionate amount of all applicable
impact (Park Development Impact and School Land Dedication) fees
prior to issuance of a building permit for each residence within the
subdivision.
17. The Applicant shall complete all the necessary tree removal permits
and pay the applicable tree removal 'mitigation fees to the City of
Aspen Parks Department prior to the submission for building permits.
18. The vested rights associated with this subdivision/PUD approval shall
last ten (10) years from the date of City Council's final approval.
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Section 2:
Pursuant to the procedures and standards set fOrth in City of Aspen Land Use Code Section
26.470.070(B), GMQS Exemptions for detached single-family or duplex dwelling units, the
Planning and Zoning Commission hereby recommends that City CounCil approve GMQS
exemptions for the construction of single-family residences on each of the of three (3) lots
created herein, provided that one of the following employee mitigation methods are
provided for each single-family residence to be constructed:
a. Provide an above grade, detached Accessory Dwelling Unit (ADU)
pursuant to Land Use Code Section 26.520; or,
Providing an Accessory Dwelling Unit authorized through Special
Review to be attached and/or partially or fully subgrade, pursuant
to Land Use Code Section 26.420; or,
Provide an off-site Affordable Housing Unit within the Aspen
Community Growth Boundary accepted by the Aspen/Pitkin
County Housing Authority and deed restricted in accordance with
the Aspen/Pitkin County HoUsing Authority Guidelines, as
amended; or,
Pay the applicable affordable housing impact fee pursuant to the
Aspen/Pitkin County Housing Authority Guidelines, as amended;
or~
e. Record a resident-occupancy (RO) deed restriction on the single-
family dwelling unit being constructed.
Section 3:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.310, Amendments to the Land Use Code and Official Zone District Map, the Planning
and Zoning Commission hereby recommends that City Council rezone Lots 1, 2, and 3, of
the Little Ajax Subdivision/PUD to R-15 (Moderate-Density Residential) Zone District.
Section 4:
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 5:
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 6:
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 this 1 lth
day of May 2004.'
APPROVED AS TO FORM:
COMMISSION:
PLANNING AND ZONING
Jastn~ne Tj/gre, Chair
ATTEST:
)l~l~ie Lothian, DepUty City Clerk
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