Loading...
HomeMy WebLinkAboutresolution.apz.006-85 RESOLI~T~ON OF THE ASPEN PL~NG ~ ZONIN~ ~SSION ~ ~PR~ ~ R ~ON OF ~E P~I~H~Y ~D/SUB~SIOH Resoluti~ No. 85-6 WHEREAS, by their Resolution No. 84-23, the Aspen City Council (hereinafter, "Council") did grant Conceptual PUD/Subdivision approval to the Top of Mill, Summit Place and 700 South Galena Condominium components of the Aspen Mountain PUD; and WHEP~A~, by their Resolution No. 84-27, Council did endorse the revised employee housing proposal of the Aspen Mountain PUD and did grant conceptual subdivision approval and exemption from the City's growth management allotment procedures for the project's Ute City Place component; and WHEREAS, on August 27, 1984, Council did agree that the lodge and residential components of the project could continue to be reviewed separately, provided that the approval of any preliminary stage not become effective until the preliminary approval for the entire PUD has been granted; and WHEREAS, by their Resolution 85-1, the Aspen Planning and Zoning Commission (hereinafter, "Commission") did grant preliminary PuD/sub- division approval for the lodge component of the Aspen Mountain PUD; and WHEREAS, John H. Roberts, Jr., Alan R. Novak and Robert Calloway (hereinafter "Applicants") have submitted an application for Preliminary PUD/Subdivision approval for the residential component of the Aspen Mountain PUD; and WHEREAS, the Commission did hold a public hearing on the Applicants submission on March 5, 1985, which hearing was continued to March 12, March 19 and April 2, 1985, to consider the Preliminary PUD/Subdivision application and associated review procedures for the residential component of the Aspen Mountain PUD. N(F~, T~REFORE, BE IT RE~OLVED by the Commission that it does hereby recoFm]end that approval of the Preliminary PUD/Subdivision and 8040 Viewplane applications concerning the Top of Mill component of the PUD be delayed until such time as the following conditions have been met: 1. The Applicants shall continue their evaluation of the geologic hazards from Aspen Mountain which may affect this site by monitoring and reporting on the data gathered during the critical melt/runoff time period. Based on this infor- mation the Applicants shall provide responses to the concerns expressed by Jeffrey C. Hynes, Senior ~gineering Geologist of the Colorado Geologic Survey, in his letter dated March 8, 1985. The Applicants shall submit their program for on- going monitoring to Mr. Hynes for his review and approval prior to the critical period. 2. The Applicants shall expand the scope of their soil contam- inatien sampling program to determine whether any toxic materials are located within the area proposed to be ~sed for storm water detention on the site. If such materials are found in this area, the Applicants shall develop a plan to insure that toxic substances do not leak into the ground- Resolutim No. 85- ~ Page 2 water below the site, to the satisfaction of the City's ~gineer and Chief Environmental Health Officer. 3. The Applicants shall develop a soil monitoring program and detailed grading plans for the entire Top of Mill site to satisfy the concerns of the Environmental Health Officer that no toxic material be moved off the site or be excessively disturbed and that the toxic soils on the site will be properly covered and controlled. 4. The Applicants shall insure that all exposed mine dumps and tailings on or aroond the perimeter of the PUD site are isolated from human exposure to inhalation or ingestion by the placement of fill material over toxic soils and by diverting all surface water from such soils. 5. The Applicants shall demonstrate that they have taken into account and worked cooperatively with the Aspen Skiing Company on their plans to change the finish area for the World Cup and to address plans to mitigate site drainage impacts from Aspen Mountain. 6. The Applicants shall commit to having the booster pump system proposed for the Top of Mill project reviewed by the City Engineer and Director of the Water Dept. prior to its installation to determine its reliability and adequacy of fire flows. ® The landscaping plan for the Top of Mill site shall be revised to move trees and shrubs further from the curb than the two foot distance presently shown to avoid conflicts with cars end snow removal. The landscaping plan shall be supported with an irrigation pl~. ® A construction phasing program for the Top of Mill site shall be submitted which meets the requirements of Section 24-8.9 (b) of the Municipal Code. The Applicants shall commit to providing the Building Inspector prior to building permit review with field data demonstrating that units on the Top of Mill site are not likely to be subject to subsidence from underground mines. 10. Adequate air handling facilities, satisfying the Environmental Health Officer, shall be designed into the underground parking structures to eliminate any buildup of air contam- inants. ll. The Applicants shall place a note un the plat for the Top of Mill project advising potential buyers of the hazards affecting the property if the continuing studies demonstrate the existence of such problems. 12. The Applicants shall submit documentation of their compliance with the above conditions to the Planning Office which shall present the submission to the Commission at a duly noticed public hearing following its review by the appropriate referral agencies. BE IT F~RTHER P. ESOLVED by the Commission that it does hereby grant to the residential projects within the Aspen Mountain PUD (other than the Top of Mill) Preliminary PUD/Subdivision approval, does recommend subdivision exception for the purposes of condominium- izati~ and does confirm the compliance of the Ute City Place project Resolutim No. 85-.(-~ Page 3 with the provisions of the Residential Bonus Overlay which was previously applied to the site, subject to the following conditions: The Applicants shall designate 30 of the already proposed parking spaces on the PUD site to long-term storage of cars of specific employees housed at the Alpina Haus and Copper Horse and shall continue to search for added parking at sites near these two housing projects. As per Section 24-10.5 (F), the P&Z waives compliance of the Ute City Place project with the 35 percent open space requirement in the RMF zone district. The Applicants shall provide that at least 23% of the site remains as open space. The Applicants shall rectify, prior to the occupancy of the west wing lodge units, the life, health and safety code deficiencies in the Copper Horse and Alpina Baus identified by John Ostwald and Tom Voorhies of the Building Department in their memos dated March 20 and March 21, 1985. The Applicants shall comply with the l~ndscaping comments provided by Jim Holland in his memo dated February 26, 1985. The Applicants shall covenant with the City of Aspen that the employee housing units be restricted in terms of use and occupancy to the rental or sale guidelines established and indexed at the time or prior to issuance of the building permit by the City Council's designee for moderate income employee housing units. Verification of employment and income of those persons living in the moderate income employee units shall be completed and filed with the City Council or its designee by the owner commencing un the date of recording hereof, in the Pitkin County Real Property records and annually thereafter. These covenants shall be deemed to run with the land as a burden thereto for the benefit of and shall be specifically enforceable by the City or its designee by any appropriate legal action including injunction, abatement or eviction of noncomplying tenancy, during the period of life of the last surviving member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording hereof in the Pitkin County real property records, whichever period shall be greater. Condominium maps for each project shall be submitted to the City ~gineer following substantial completion of their construction for review end recommendation prior to the sale of any unit. The plat shall be revised to indicate the curb designs which have been recommended by the City ~hgineer. 10. The final plat shall identify all slopes in excess of 30%. The ~gineering Department shall be copied on the Applicants CDOH driveway permit for the Ute City Place project. The Ute City Place final plat submission shall comply with the standard size requirement for such documents. 11. All drainage needs for the Ute City Place project shall be handled on site. An irrigation system shall be installed to serve the landscaping cn this site. 12. The Applicants will initiate any or all customary air pollution control measures recommended by the Environmental Health Officer to minimize wind blown fugitive dust leaving the Resolutic~ No. 85- (~ Page 4 site during the demolition and construction stages of the project. Contact shall be made by the applicant with the Air Pollution Control Division District Engineer of the Colorado Health Department to determine if an emission permit and/or fugitive dust control plan is required at these stages. 13. The six mc~th minimum lease restriction of Section 20-22 (b) is recommended to be waived for the residential projects within the PUD. 14. The details of the on-site drainage plan for the PUD site shall be made available for review by the City Engineer during the final plat review process. 15. All written and verbal representations of the Applicants with respect to the residential projects within the PUD are hereby made conditions of this action. BE IT ALSO RESOLVED by the Commission that it does hereby recommend that Co%mcil delete the trail easement along the Top of Mill site and pursue alternative alignments due to the topographic impracticality of connecting this segment to other trails across the mountain and based on the Commission's finding that the adopted Trails Ptsn contains no segments to which this easement could be linked. BE IT FINALLY RESOLVED by the Commission that it does hereby recommend that Council proceed with the processing of the final plat for the remainder of the PUD, in spite of the delay associated with the Top of Mill project. The Commission refers the Council to its Resolution 85-7 to identify its reasoning on this recommendation. APPROVED by the Commission at its regular meeting on April 2, 1985. ATTES'F** Kim Wilhoit, Deputy City Clerk ASPEN PLANJKNG AND ZONING COHI~ SSI ON