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RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL
PLANNED UNIT DEVELOPMENT (PUD) APPROVAL FOR LOT 3 OF THE
ASPEN MOUNTAIN PUD, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO
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Resolution 99-93
WHEREAS, The Community Development Department received an application
originally dated September 15, 1998, then revised and dated March I, 1999, from
Savanah Limited Partnership, represented by Vann Associates, LLC, for Conceptual
Planned Unit Development (PUD) approval on Lot 3 (also known as the "Top of Mill")
of the Aspen Mountain SubdivisionIPlanned Unit Development (bereinafter "AMPUD");
and,
WHEREAS, said March I, 1999, application generally included the following
proposal for development of Lot 3:
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Lot 3, Top of Mill.'
. Creation of 8 development parcels and 2 open space parcels, as follows:
:>- PARCEL I: 51,680 square feet of land containing 2 triplexes (6 free market
dwelling ur.rits) with a total of27,000 square feet of FAR floor area;
:>- PARCEL 2: 26,520 square feet ofland containing 2 duplexes (4 deed restricted
dwelling units) with a total of 7,500 square feet of FAR floor area;
:>- PARCEL 3: 14,260 square feet of land containing I duplex (2 free market
dwelling units) with a total of 9,000 square feet ofF AR floor area;
:>- PARCEL 4: 13,290 square feet of land containing I free market single-family
dwelling unit with a total of 6,200 square feet of FAR floor area;
:>- PARCEL 5: 10,370 square feet of land containing I free market single-family
dwelling unit with a total of 5,200 square feet ofF AR floor area;
:>- PARCEL 6: 10,380 square feet of land containing I free market single-family
dwelling unit with a total of 5,200 square feet of FAR floor area;
:>- PARCEL 7: 18,920 square feet ofland containing I free market single-family
dwelling unit with a total of 6,500 square feet ofF AR floor area;
:>- PARCEL 8: 18,390 square feet of land containing I free market single-family
dwelling unit with a total of 6,500 square feet of FAR floor area;
:>- OPEN SPACE PARCEL A: 28,740 square feet of land (of which 18,710 square
feet lie within an access road easement; and,
:>- OPEN SPACE PARCEL B: 50,230 square feet ofland.
. Total of 17 residential units with the potential for up to 7 accessory dwelling
units;
. Total of73,100 square feet of FAR floor area;
. Total of 60,260 square feet of land meeting the City's definition of "open space;"
and,
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WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
the Planning and Zoning Commission shall make a recommendation to the City Council
regarding requests for Planned Unit Development (PUD) approval; and,
WHEREAS, Pursuant to Section 26.84.030 of the 1998 Aspen Municipal Code,
City Council shall approve, approve with conditions, or disapprove Conceptual PUD
approval requests upon receipt of recommendations from staff and the Planning and
Zoning Commission, and after taking and hearing public comment regarding the
proposal; and,
WHEREAS, the Housing Office, the City Zoning Officer, the Roaring Fork
Transit Agency, the City Engineer, the Parks Department, Aspen Consolidated Sanitation
District, the Environmental Health Department, and the Community Development
Department reviewed the Lot 3 proposal and recommended approval with conditions;
and,
WHEREAS, the above referenced application was legally noticed for a public
hearing to be held before the Planning and Zoning Commission on June 15, 1999; an4,
WHEREAS, the above referenced application was, subsequent to the conclusion
of the Planning and Zoning Commission hearings, legally noticed for a public hearing to
be held before the City Council on September 27, 1999; and,
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WHEREAS, during the fifth continuance of the public hearing, on September 7,
1999 (first meeting on 6/15/99 was continued to 6/29/99, then to 7/13/99, then to 8/10/99,
and finally to 9/7/99), the Aspen Planning and Zoning Commission recommended that
City Council grant Conceptual PUD approval for Lot 3 of the AMPUD with conditions
by a six to zero (6 - 0) vote; and,
WHEREAS, City Council conducted a public meeting, as part of the action item
agenda, on September 17, 1999, then held a legally noticed public hearing, as part of the
action item agenda, on September 27, 1999 which hearing was continued to October 25,
1999, then to November 8, 1999, then to November 23, 1999, and finally to December 6,
1999, at which times City Council received and took into consideration public comments
and the recommendations of the Planning and Zoning Commission and City staff; and,
WHEREAS, after consideration of agency and public comment, the applicable
review standards <IS contained in Chapter 26 of the Aspen Municipal Code, to wit,
Section 26.84.030 (Planned Unit Development), and the recommendations of staff and
the Planning and Zoning Commission, the City Council finds the proposed Conceptual
PUD plans for Lot 3 (Top of Mill) to be consistent with the minimum requirements and
review standards for Planned Unit Development provided the stipulated conditions of
approval applicable to Lot 3 are met or addressed at final PUD review.
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NOW, THEREFORE BE IT RESOLVED by the Aspen City Council:
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Section One:
That the City Council hereby grants Conceptual Planned Unit Development (PUD) approval
for Lot 3 of the Aspen Mountain PUD with the following conditions:
I. This Conceptual PUD approval for Lot 3 shall be fully contingent upon subsequent
rezoning hearings. That is, should the necessary rezoning request(s) be denied, the
applicant would have to come back through the Conceptual PUD process with a proposal
that meets the requirements of the existing zone districts.
2. For the Final PUD application, the applicant will apply to rezone all portions of Lot 3 for
which development is proposed to L/TR(PUD); if this is done, the request to amend
Section 26.40.070, Zoning of Lands Containing More Than One Underlying Zone
District, (as recodified) will be withdrawn.
3. The Final PUD application will contain further information, including a slope
analysis for each subdivided parcel, to determine compliance with all applicable zone
district and dimensional requirements. Allowable F ARs for each Lot 3 parcel will be
determined using the proposed allocation method explained in the September 27,
1999 staff memorandum. Unused FAR from Parcels I and 2 may be redistributed
amongst Parcels 3-8. The maximum allowable floor areas will be as follows:
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PARCEL NO.
Parcel 3
Parcel 4
Parcel 5
Parcel 6
Parcel 7
Parcel 8
MAXIMUM ALLOWABLE FAR
9,000 square feet off AR
6,200 square feet of FAR
5,200 square feet of FAR
5,200 square feet of FAR
6,500 square feet of FAR
6,500 square feet ofF AR
4. The recommendations of the Housing Office and Housing Board with regard to Lot 3, as
contained in the June 4, 1999 Housing Office memorandum to Mitch Haas of the
Community Development Department, shall be adhered to in the Final PUD application.
5. In the Final PUD application, proposed building mass and related impermeable surface
layout will closely conform with the final outcome of the Aspen Mountain Drainage
Basin Master Plan (AMDBMP) design and construction criteria. It shall be the
developer's or its successor's responsibility to fully comply with the drainage criteria and
perform within the parameters set forth in the report.
6. Savanah Limited Partnership's (owner/developer) representative agreed to provide
necessary drainage easements and shall continue to provide these easements for safe
conveyance of surface runoff and debris through the site.
7. In the Final. PUD application, the developer's representative will make necessary
adjustments to building footprints to ensure that the requirements of the AMDBMP and
the above mentioned conditions are met.
8. The City will use the funds put in escrow to study and develop a master plan with design
and construction criteria and utilize the balance of these funds toward implementation of
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an interim drainage mitigation project to control runoff to the extent the remaining
escrow funds will support.
9. Savanah shall be responsible for implementation of such on-site drainage improvements
as necessitated by their development and typically required of new developments in the
City of Aspen.
10. In the Final PUD application, the site layout must be such that it will in no way pose a
significant blockage in the natural stream bed or drainage path.
11. The development must comply with the most recent municipal engineering practice
standards and the "B,est Management Practices" (BMPs) identified for water quality
control requirements. The existing site must be carefully studied and evaluated to ensure
a proper design and correct selection ofBMP(s).
12. The Final PUD application shall include further grading and excavation plans, based on
today's conditions and all parts of the current design concept, with suggested conditions
for development.
13. For the Final PUD application, Savanah shall work cooperatively with the Parks
Department to relocate and replat the Top of Mill Trail, where Savanah further agrees to
have any agreed upon alignment of the relocated trail staked and approved by the Parks
Department. The relocated trail must have a legal description, be shown on the Final
Amended Plat, and be dedicated/conveyed to the City of Aspen Parks Department.
14. With the Final PUD application, plans must be provided for the construction and post-
construction phases of the development in order to further address issues associated with
the grade of South Mill Street.
15. Savanah shall commit, in the Final PUD application, to construct a detached/separated
sidewalk along the South Mill Street frontage of Lot 3, and to plant appropriately spaced
street trees in the area between the sidewalk and the curb.
16. All residential structures will be subject to the provisions of the Residential Design
Standards. When more detailed architectural renderings are submitted in conjunction
with the Final PUD application, staff will conduct the Residential Design Standards
review under the provisions' applicable at that time.
17. For Final PUD, the applicant will further provide design details to reduce the perceived
mass and scale of the triplexes on the Parcell site.
18. Concurrent with Final PUD review for Lot 3, a general 8040 Greenline Review will be
carried out for the proposed building envelopes, but each parcel will still be subject to a
site- and design-specific 8040 Greenline review prior to its development.
19. The Final application shall include a management plan for. demolition and construction
parking, traffic, and noise, and said plan shall consider neighborhood concerns. It is
recommended that meetings with the noticed neighbors be held in preparation of the
management plan required pursuant to this condition.
20. Any and all PUD variance requests shall remain outstanding until Final PUD review.
21. That a staff-initiated code amendment that clarifies that lots in the L TR zone district may
be modified through the PUD process by moving the stipulated lot size (6,000 s.f. or
less) for single family and duplex residences to the dimensional regulations. This code
amendment shall be accomplished prior to Final PUD approval.
22. A detailed landscape plan will be required in connection with a Final PUD application,
and staff suggests that the applicant work cooperatively with the Parks Department to
arrive at an acceptable Final landscape plan with regard to selection of species, spacing
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of plantings, and tree removal permit requirements. The applicant further agrees to add
landscaping on the southernmost portion of Parcel 3 to soften the edge between the
development and the ski mountain.
23. Two sets of simulated three-dimensional photographs of the proposed development shall
be provided prior to presentation of the Final PUD application to the Planning and
Zoning Commission. The two sets shall depict summer and winter conditions of the
proposed development, and both sets shall include views of the development from
downtown (i.e., Wheeler Opera House) and from above (i.e., on Aspen Mountain or the
Silver Queen Gondola), relative to the surroundings.
24. The lighting details to be provided with the Final PUD application shall be consistent
with the City of Aspen's recently adopted lighting ordinance or such regulations in effect
at the time of Final PUD submission.
25. Any and all internal driveways and access roads shall comply with all pertinent City
regulations and ordinances.
26. The applic.mt agrees to investigate the feasibility of instituting Green Building Practices
for all of the buildings on Lot 3, prior to Final PUD.
27. All material representations made by the applicant in this application and during public
meetings with the Planning and Zoning Commission shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by a Board/Commission
having authority to do so.
Section Three:
In accordance with Section 26.84.030(C)(I)(b) and (c), Sections One and Two of this
Resolution, as provided above, shall not constitute final Planned Unit Development
approval or permission to proceed with development. Instead, such approval shall
constitute only authorization to proceed with a development application for a final
development plan. A development application for final development plan shall be
submitted within one (I) year of the conceptual development plan's date of approval by
City Council, should such approval be granted. Unless an extension is granted by the
City Council, failure to file such an application within this time period shall render null
and void the approval of a conceptual development plan.
FINALLY, adopted, passed and approved this 6th day of December, 1999.
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ATTEST:
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APPROVED AS TO FORM:
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John orcester, City Attomey
G:/planninglaspen/reso.doc/citycounc/am3conc2.doc
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