The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.031-05RESOLUTION NO. 31 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 1) 8040 GREENLINE REVIEW AND 2) APPROVING A VARAIANCE FROM ADU DESIGN STANDARDS FOR A SINGLE- FAMILY RESIDENCE ON PARCEL 7, OF THE TOP OF MILL SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-8202207 WHEREAS, the Community Development Department received an application from James G. Coulter c/o Texas Pacific Group, represented by Galambos Architects Inc, requesting approval of an 8040 Greenline Review and a variances from the ADU Design Standards to construct a new single-family residence on Parcel 7, of the Top of Mill subdivision; and, WHEREAS, the subject property is approximately 17,669 square feet and is located in the Lodge/PUD Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 8,060 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 Review; and, WHEREAS, the Planning and Zoning Commission may approve variances from the ADU 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 recolrnmended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review, and variance request from the ADU Design Standards, requiring that ADUs be detached from the primary residence; and, WHEREAS, during a duly noticed public hearing on October 18, 2005, the Planning and Zoning Commission approved with conditions, by a 6-0 vote, the Coulter 8040 Greenline Review and ADU design standard variance request to construct a new single- family residence on Parcel 7, of the Top of Mill Subdivision; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds ali 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 mad Zoning Commission finds that tkis Resolution furthers and is necessary for the promotion of public health, safety, and welfare. II II II Il Jll II IIII IIIIIIJ Ill Page: 2 of' 4 SZLVZR DAV:[S PZTKZN COUNTY CO ~ 21.ee D 0.0e NOW~ THE~FO~, BE IT ~SOL~D BY THE PL~ NG AND ZONING COMMISSION as follows: CITY OF ASPEN Section 1 Pursuant to thc proccdures and standards set forth in Title 26 of the Aspen Municipal Code, the Coulter 8040 Greenline Review to construct a new single-family residence on Parcel 7, of the Top of Mill Subdivision is hereby approved with the following conditions: 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 to the satisfaction of the City of Aspen Parks Department prior to obtaining a Certificate of Occupancy. The building permit application shall include the following: a. A copy of the finalP&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 tracks are to be parked in the area around the site. g. A Geotechnical Report and study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site may be performed without damaging adjacent structures and/or properties. This study shall include a detailed description of the slope stabilization and erosion cont~'ol 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. A drainage and erosion control plan, prepared by a Page: 3 of 4 11/02/2005 03:381 Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. Silt fencing shall be incorporated into the erosion control plan. The drainage plan shall demonstrate that there will be no increase in the site's historic runoff as a result of the new' residence. h. A letter frorn the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. 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 Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Ali 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. Section 2: Pursuant to Land Use Code Section 26.520.080(D), Special Review, a variance is hereby granted from ADU Design Standards 26.520.050(5). Section 3: 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: Parcel 7, of the Top of Mill Subdivision, by Resolution No. 31, Series of 2005, of the Aspen Planning and Zoning Commission. Page: 4 of 4 5ILVZA DAVIS PITKIN COUNTY CO R 21.0e D e.ee Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Plaraing and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as Jf fully set forth herein, unless amended by an authorized entity. Section 5: 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 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 the 18th day of October, 2005. APPROVED AS TO FORM: City A~tlmey~:~ Hq, PLANNING AND ZONING COMMISSION: asinine Tygre, Chair U ~ ATTEST: Lothian, Deputy City Clerk