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RESOLUTION NO. 3
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL REZONE THE
VACANT "BOOMERANG PARCEL" TO THE R-6 (MEDIUM-DENSITY) ZONE
DISTRICT AND APPROVE A LOT SPLIT, CREATING LOTS 1 AND 2 OF THE
BOOMERANG LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
ParcelID: 2735-124-66-001
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, requesting to rezone the vacant "Boomerang Parcel"
containing portions of Lots A-I, Block 32, City and Townsite of Aspen from the R-15
(Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay
to the R-6 (Medium-Density Residential) Zone District and requesting approval of a Lot
Split to divide the 19,737 square foot property into a parcel of approximately 7,500 square
feet and a parcel of approximately 12,237 square feet; and,
WHEREAS, upon review of the application, the applicable code standards, the
Community Development Department recommended approval with condition of the
proposed rezoning and lot split application; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, during a duly noticed public hearing on January 24, 2006, the
Planning and Zoning Commission approved Resolution No.3, Series of 2006, by a five
to one (5-1) vote, recommending that City Council rezone the subject property to the R-6
Zone District, and recommending that City Council approve the requested lot split with
conditions; and,
WHEREAS, the Planning and Zoning Commission fmds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments
to the Land Use Code and Official Zone District Map, the Planning and Zoning
Commission hereby recommends that City Council rezone the vacant "Boomerang Parcel"
containing portions of Lots A-I, Block 32, City and Townsite of Aspen, from the R-15
(Moderate-Density Residential) Zone District with a PUD and Lodge Preservation Overlay
to the R-6 (Medium-Density Residential) Zone District.
Section 2:
Pursuant to the procedures and standards set forth in Land Use Section 26.480.030(A)(2),
Subdivision Exemptions: Lot Split, the City Council approves a lot split to divide the vacant
"Boomerang Parcel" into Lot 1 of approximately 7,500 square feet and Lot 2 of
approximately 12,237 square feet for the construction of a total of three (3) detached
dwelling units, with the conditions contained herein. Lot 1 is limited to one (1) single family
residence of 3,450 square feet and Lot 2 is limited to two (2) detached residences totaling
4,274 square feet.
Section 3: Subdivision Exemption Plat
The Applicant shall submit and record a subdivision exemption plat that meets the terms
of Land Use Code Section 26.480 in the office of the Pitkin County Clerk and Recorder
no later than 180 days after final approval is obtained. Furthermore, the Lot Split Plat
shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all
easements of record.
Section 4: Subdivision Exemption Al!:reement
The Applicant shall submit and record a subdivision exemption agreement that meets the
terms of Land Use Code Section 26.480.030, in the office of the Pitkin County Clerk and
Recorder no later than 180 days after final approval is obtained.
Section 5: Buildinl!: Permit Application
The building permit application for each of the residential units shall include the
following:
1. A copy of the final Ordinance and P&Z Resolution.
2. The conditions of approval printed on the cover page of the building permit set.
3. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
4. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new
plantings proposed on the site. Additionally, a right-of-way landscaping plan
shall be provided as part of the building permit application identifying that any
trees removed from the right-of-way will have to be relocated. Any disruption or
damage to the right-of-way irrigation system during construction shall also be
repaired to the satisfaction ofthe Parks Department.
5. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 5-year storm frequency
should be used in designing any drainage improvements.
6. A construction management plan pursuant to the requirements. The construction
management plan shall include a plan for protecting the Midland and W. Hopkins
Avenue Trails during construction. This plan shall be reviewed and approved by
the Parks Department prior to building permit issuance.
7. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
Section 6: Growth Manal!:ement Allotments
The Applicant shall obtain administrative growth management approval and provide
affordable housing mitigation by enacting one of the acceptable mitigation measures for
each of the three (3) residential dwelling units to be constructed on Lots 1 and 2 of the lot
split pursuant to Land Use Code Section 26.470.040(B)(l), Administrative Growth
Management Review: Detached single-family or duplex dwelling units, as amended from
time to time. Any ADU to be constructed on Lots I and 2 shall meet the ADU design
standards set forth in Land Use Code Section 26.520.050, ADU Design Standards.
Section 7: Use and Dimensional Requirements
The lots created by the lot split shall be subject to the use and dimensional requirements
of the R-6 (Medium Density Residential) Zone District. The residential dwelling units to
be developed on Lot 2 shall be constructed as two (2) detached dwelling units rather than
an attached duplex configuration as is proposed by the application.
Section 8: Residential Desil!:n Standards
All residential dwelling units to be constructed on Lots 1 and 2 shall meet the residential
design standards in place at the time of building permit.
Section 9: Vehicular Access
Vehicular access to Lot I shall be taken from the South Fourth Street stub located
directly to the east of the property. There shall not be any vegetation taller than 30 inches
from existing grade planted within the area fifteen (15) feet south or north of the
driveway to be accessed from 4th Street, at the property line or in the public right-of-way
to maintain a sufficient view corridor for trail users to see vehicles crossing the trail. The
Applicant shall also relocate the existing Midland Trail sign to the south side of the
driveway and attach a new sign on the backside of the Midland Trail sign indicating the
presence of the driveways crossing the trail to trail users.
Vehicular access to Lot 2 shall be taken from West Hopkins Avenue via a single curb cut.
The residential units on Lot 2 shall share a single driveway and the curb cut that shall be
located such that it will not provide a net loss in on-street parking in the W. Hopkins
Avenue Right-of-Way. The driveway access shall meet the City Engineering
Department's standards for drive ramps. The driveway entrance points shall be in
substantially the same location as they are shown in the addendum to the application.
Section 10: Curb and Gutter
The Applicant shall construct curb and gutter along the West Hopkins Avenue frontage
of the property being divided prior to issuance of a certificate of occupancy for any of the
units in the project. The timing of this installation may be changed if approved by the
City Engineer. If the W. Hopkins Pedestrian Trail is altered during construction, the
Applicant shall repair the trail to the condition it was in prior to construction.
The radii of the curb cut shall be the minimal that functions for its purpose as a driveway.
The applicants shall work with the Community Development Engineer to determine an
appropriate sizing.
Section 11: Trail Easement
The Applicant shall grant a four (4) foot wide public trail easement to the City of Aspen
along the western side property line of Lot 2 and on the westernmost 90 feet of Lot 2,
running directly adjacent to the southern property line. A slightly wider easement shall
be granted at the southwest comer of Lot 2 to allow for a moderate turning radius on the
trail. The exact location of this easement shall be approved by the Parks Department
prior to recordation of the final subdivision exemption plat. This easement shall be
shown on the subdivision exemption plat and shall be described in the subdivision
exemption agreement.
Section 12: Landscapinl!:
The Applicant shall install a tree root barrier on the trees that are to be planted within ten
(10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The
Applicant shall also install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions:
a. The City Forester or his/her designee must inspect this fence before any
construction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic shall be allowed within the drip line.
Section 13: Soil Subsidence and Rock Fall Hazards
The Applicant shall submit geotechnical and soil stability reports performed by a
qualified, licensed engineer demonstrating the land is suitable to handle the proposed
development. The Applicant shall also submit a report from a qualified, licensed
engineer demonstrating that rock fall from the slope above the proposed development
will be sufficiently mitigated to prevent rock fall hazards. This report shall be submitted
for review by the Community Development Department prior to the issuance of full
structural building permits.
Section 14: Fire Mitil!:ation
The Applicant shall install a fire sprinkler system that meets the requirements of the
Aspen Fire Marshal in any residential unit that is 5,000 square feet or more. Use of
charcoal grills shall be prohibited in this development because of fire danger concerns.
This prohibition shall be included in the HOA documents for the development.
Section 15: Aspen Consolidated Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed.
Section 16: Park Development Impact Fees
Park Development Impact Fees shall be assessed on each residential unit constructed on
Lots I and 2 at the time of building permit issuance. The park development impact fees
shall be calculated by the City Zoning Officer at the time of building permit issuance
using the fee schedule in place at said time.
Section 17: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use
Code Section 26.630, School Lands Dedication. and a proportionate amount of all
applicable impact fees shall be due at the time of building permit issuance for each
residence within the lot split.
Section 18: Exterior Lil!:htinl!:
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 19: Previous Approvals
Upon recordation of the subdivision exemption plat, the previous lodge approvals will
become null and void.
Section 20:
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 Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 21:
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 22:
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 this 24th
day of January, 2006.
APPROVED AS TO FORM:
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Ci Attorney
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ATTEST:
PLANNING AND ZONING
COMMISSION:
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