HomeMy WebLinkAboutapz.res.007-91Resolution 291-7
R~SOL~ION OF 'l'~ ASPEN PLANNING AND ZONING COMMISSION FOR
SDBDMSIONAND PDD R~I~WAND STREAM MARGIN REV/EW FOR 1000 EAST
HOPKINS (LOTS A AND K BLOCK 25 AND LOTS H,I AND S BLOCK 26,
TOWNSITE OF ASPEN)
Whereas, the Valley Hi Development Trust ("Applicant") submitted
for review an application for a residential development
consisting of four free-market units and four deed restricted
units. The project required Stream Margin approval and
Subdivision and Planned Unit Development (PUD) review. The city
Council will then hear the Commission's recommendations from the
Subdivision and PUD reviews as well as the request for GMQS
Exemption for construction of the deed restricted units. The
Planning Director shall review the request for GMQS Exemption for
reconstruction of the free-market units; and
Whereas, the project was designed to comply with the Aspen Land
Use Regulations as well as the terms of an April 1990 legal
agreement (the "Settlement") between the Applicant and the City
of Aspen. The Settlement stipulated certain building size
limitations, parking provisions, and affordable housing
provisions, also that the project be reviewed under the
consolidated two-step PUD process to facilitate certain height
and setback variations; and
Whereas, the application requested, by virtue of the PUD review
process, a ten (10) foot variance from the rear setback
requirement and a two (2) foot variance from the height
restriction which the Land Use Code establishes for the RMF zone
district; and
Whereas, the application was reviewed by the Engineering
Department, the Aspen Consolidated Sanitation District, the Fire
Marshal, the Water Department, the Housing Authority, and the
Planning office, and these agencies submitted referral comments;
and
Whereas, based on the comments received from the referral
agencies, and review of the proposal in consideration of the
Settlement and Land Use Code requirements, the Planning Office
recommended to the Commission that the project be approved with
conditions; and
Whereas, at a duly noticed public hearing on December 4, 1990,
the Planning Commission heard presentations by Planning staff,
the Applicant's representative, attorney, and architect; and
Whereas, the Commission felt that according to their reading of
the language of the Settlement, the proposed free market units
exceed the 3,000 square foot size stated in the Settlement. The
Applicant's representative felt that the 3,000 square foot figure
was intended to be an approximation of the units' sizes; and
Whereas, the Commission agreed with the Applicant to defer to the
City Council determination of compliance with the Settlement in
regards to the size of the free-market residences and
rental/sales prices for the deed restricted housing; and
Whereas, the Commission voted to forward to City Council the
recommendation to approve the Subdivision and PUD plan (including
variances to the rear setback and height) with conditions as
amended; and
Whereas, the Commission also approved the Stream Margin Review
with conditions as amended.
Now therefore it be resolved: that the Stream Margin is approved
with the following conditions:
1. The final plat shall dedicate a fisherman's easement in the
Roaring Fork River including the land along the bank measured
five (5) feet horizontally.
2. A fifteen (15) foot trail easement shall be dedicated on the
plat subject to Engineering's and Planning's approval.
3. Vegetation protection and erosion control methods (fences,
haybales, etc.) shall be installed at the perimeter of parcel 1
prior to any excavation or clearing and shall remain throughout
construction.
4. Tree removal permits shall be obtained from the Parks
Department prior to removal of any tree six (6) inch caliper or
over.
Also be it resolved: that the Commission forwards a
recommendation of approval for Subdivision with the following
conditions:
Prior to this project being scheduled for review by City Council:
5. The applicant shall submit a plat to Engineering for their
comments.
Prior to filing the subdivision/PUD Plat:
6. A Subdivision Agreement shall be filed concurrently with the
Final Plat.
7. The garage entry drive must not exceed 12% grade for a 20'
distance from the property line.
8. Excavation permits are required for curb and gutter and
sidewalk improvements and for any other work in the public right-
of-way.
9. The applicant shall agree to join a Special Improvement
District if one is ever formed.
10. The Applicant shall pay for sewer line replacement as
determined by the Sanitation District.
11. Heavy vehicle access must be provided for sewer line
maintenance.
12. The drainage plan for the site shall include oil and sand
interceptors for the garage. Surface run-off shall not enter the
sanitary sewer.
13. Fire alarm and sprinkler systems shall be designed and
installed as per the Fire Marshal's requirements.
14. The Planning Director shall sign off on a GMQS Exemption for
the replacement of four free market dwelling units.
15. No demolition shall occur prior to issuance of a building
permit.
Also be it resolved: the Commission recommends approval of the
PUD review with the following conditions:
16. The Applicant shall not be required to reduce the floor area
of the free market units to 3,000 square feet to conform to the
terms of the Settlement. In exchange, the four affordable
housing units shall be indexed to the Housing Guidelines for
category #1 occupancy.
17. Twelve (12) underground parking spaces shall be provided
according to the Settlement and parking variance allowed by the
PUD review process. Four (4) of these spaces shall be allotted
to the affordable housing units.
18. A two (2) foot variance to the RMF zone height restriction is
limited to the rear 2/3 of the building to accommodate the
affordable housing units.
19. A variance to allow a zero (0) foot setback shall be limited
to the building area containing the affordable housing units.
APPROVED by the Commission at its regular meeting on
December 4, 1990.
ey,~DeputY ~y Clerk
jtkvj/1000hop.reso
Planning and Zoning Commission: