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HomeMy WebLinkAboutapz.res.001-90Planning and January 16, and RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF ASPEN GRANT SUBDIVISION APPROVAL FOR THE 0BLOCK TOWNHOUSES Resolution No. 90-1 a duly noticed Public Hearing was held by the Aspen Zoning Commission (hereinafter "Commission") on 1990 to consider the 0block Townhomes application; W~K~EAS, the application requires a conditional use review for 4 accessory dwelling units and subdivision for 10 free market townhomes; and WHEREAS, the Planning Director approved the GMQS Exemption for the reconstruction of one residential unit on site; and WHEREAS, 9 of the free market units are being developed using the transfer development rights created in 1980; and WHEREAS, these transfer development rights are exempt from Growth Management competition due to a settlement between the Aspen Mountain Park Partnership, the City of Aspen, and Smuggler Trailer Park Homeowners Association; and WHEREAS, these transfer development rights have also been determined to be exempt from the provision of affordable housing; and WHEREAS, this settlement was reconfirmed by the City Council at their January 22, 1990 meeting; and WHEREAS, 19 development rights were originally created; and WHEREAS, pursuant to documentation submitted by the applicants, 6 development rights have been used at Pitkin Reserve, 2 development rights are being used in connection with the Gordon/Callahan subdivision, 2 development rights are held in inventory by John Elmore, and 9 are being used with the Oblock proposal; and WHEREAS, the Commission amended the Planning office recommendation; and WHEREAS, the Commission recommended approval of the accessory dwelling units subject to a code amendment allowing a GMQS Exemption for accessory dwelling units in new multi-family development; and W~R.~F2%S, the Commission endorsed the encroachment licence to facilitate one entrance to the underground parking structure; and WHEREAS, the Commission supports the applicants desire to pave the alley and make other sidewalk, curb and gutter improvements; and WHEREAS, the Commission recommends that the applicant replace and relocate those trees that must be removed from the site; and WHEREAS, the Commission directed the Planning office to prepare a resolution that reflected the Commission's recommendations to Council. NOW, T~EREFORE BE IT FINAT~RESOLVED by the Commission that it recommends to the Aspen City Council subdivision approval for 10 free market units and conditional use approval 4 accessory dwelling units for the Oblock Townhomes with the following 2 conditions: 1. Approval of the accessory dwelling units upon adoption of a code amendment allowing a shall be contingent GMQS Exemption for accessory dwelling units in new multi-family development. 2. Prior to the issuance of a building permit a final plat shall be filed subject to review and approval of the Engineering Department. The final plat shall include, but is not limited to: a. A surveyor's certificate indicating that all easements indicated on Title Policy No. 0-9941-38538, dated December 9, 1988, have been shown on this plat. b. That easements for transformers and utility pedestals subject to review by the Engineering Department and the City Attorney's office. c. An above grade trash service area. 3. Prior to the issuance of a building permit a subdivision agreement shall be submitted for review and approval by the Planning department and City Attorney's office. The Subdivision Agreement shall include, but is not limited to: a. an agreement to join any future improvements districts. b. language binding the applicant to bond the value of the large evergreens (removed for the garage ramp) for relocation or replacement purposes. 4. Project approval shall be conditioned upon receiving an encroachment license for the parking garage. If an encroachment license is not granted then the applicant shall submit new site plans for staff and P&Z review. 5. Prior to issuance of a building permit the applicant shall submit a storm water drainage plan to be reviewed and approved by the Engineering Department the plan shall include, but not limited to, demonstration that the historic drainage pattern will not be affected and all snowmelt facilities, foundation drains or outside floor drains shall be connected to a dry well of the storm sewer, in accordance with the Clean Water Act. 6. Prior to final approval, a portion of the existing fencing should be relocated as it is in the public right-of-way and blocks public use of the sidewalk area. 7. Boulders larger than 36" are excavated on not needed be provided to the City. 8. Prior to approval of plat, the applicant shall Department demonstrating the site and are the subdivision agreement and final submit documentation to the Planning that the downstream collection constraints can be mitigated to the satisfaction of the Aspen Consolidated Sanitation District. The actual cost and financial guarantee shall be incorporated into the subdivision agreement. 9. Prior to the issuance of an excavation permit, the tunnel and underground garage design shall be approved by the Aspen Consolidated Sanitation District. 10. The applicant shall consider extending the 8" Main to the 6" Main in Durant Street to increased the fire flows for the neighborhood. 11. The 6 large removed. Removal require a tree removal permit. spruce trees on West End Street shall not be of any tree larger than 6" in caliper shall 12. The applicant shall relocate the clump of large evergreens being removed for the construction of the garage ramp by a plan approved by the Parks Department. The applicant shall bond for five years the value of the trees (as determined by an independent third party) in the event they do not survive relocation. The bond, in the event the trees do not asurvivie, shall be available for the Parks Department to use for replacement vegetation. 13. The applicant shall comply with all applicable laws and regulations pertaining to air pollution which are: registration of all gas and woodburning devices in a building, compliance of air quality regulations and ambient air quality standards. The applicant should contact the office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off- site is discouraged due to the possibility metals being present in the soil. APPROVED by the Commission at their February 6, 1990. ATTEST: Jan~hey,-Deb~ City Clerk 2ity Attorney of excessive heavy regular meeting on ASPEN PLANNING AND C. Welton ~nderson, Chairman APP OVED AS TO CONT~:NT: Plann~g Direct'or ljl/reso.oblock 5