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Home My WebLink Aboutresolution.apz.004-06 RESOLUTION NO. 04 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE A PUD AMENDMENT, WITH CONDITIONS, FOR THE PROPERTY AT 488 CASTLE CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512300024 WHEREAS, the Community Development Department received an application from Steel Partners Ltd., represented by Mitch Haas of Haas Land Planning, requesting approval of a PUD Amendment for 488 Castle Creek Road; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, during a duly noticed public hearing on January 17, 2006, the Planning and Zoning Commission reviewed and considered the development proposal on January 24,2006 under the applicable provisions of the Municipal Code as identified herein and recommended by a vote of 5-0 that City Council approve the proposal; and, WHEREAS, the Planning and Zoning Commission found that the development proposal meets or exceeds all of the applicable development standards; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE ASPEN CITY COUNCIL APPROVE THE PUD AMENDMENT WITH CONDITIONS, AS FOLLOWS: Section 1: Approval of the Development Plans Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the 488 Castle Creek Final PUD, which includes application for PUD, Subdivision (condominiumization), subject to the following conditions: 1. A PUD/Subdivision Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD/Subdivision Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the Community Development Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements, and the location of utility pedestals. Section 2: Dimensional Approvals The following dimensional requirements of the PUD are approved and shall be printed on the Final PUD Plan: Lot I: 11,225 Square Feet Lot 2: 24,600 S uare Feet 6,300 Square Feet {after Lot Area reductions} 75 feet Lot J: 10 feet along west property line Lot 2: 25 feetfor buildings, and 0 feetfor radin Iretainin associated with drivewa Lot 1.. 5 feet along north and south property lines Lot 2: 5 feet along north property line; 55 feet alon south ro ert line Lot 1: /0 feet along east property line Lot 2: 10 feet along east property line and fa ert lines ad .oinin Lot 1 No Requirement 25 feet IOfeet No requirement Lot I: 3.344 Lot 2: 5,015, where the free market residence is aI/owed up to 3,515, and the Category 7 unit must be at least 1,500 s uare eet Lesser oj one space/bedroom or two spaces/unit Section 3: Condominiumization Condominiumization of the development is hereby approved by the City of Aspen subject to recordation of a condominiumization plat in compliance with the current plat requirements in place at the time of filing. Each plat for condominiumization shall be submitted to the Community Development Department for evaluation and approval by the Community Development Engineer prior to recordation. The cost of recordation shall be borne by the applicant. Recordation is required prior to the transfer of ownership of the condominium. Section 4: BuildinJ! Permit Submittal The following conditions are applicable to this approval. 1. The building permit application shall include the following: a. A copy of the final recorded ordinance. 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 off-site replacement or mitigation of any removed trees. e. A fugitive dust control plan which includes proposed construction fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. f The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer to the Community Development Department Engineer, demonstrating the land is suitable to handle the proposed development, and that required excavation may be performed without damaging the adjacent street. g. 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 2-year storm frequency should be used in designing any drainage improvements. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 3. The Applicant shall complete (prior to any demolition) the Building Department's asbestos checklist, and if necessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until submittal of this report. If there is a finding of no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 4. All development within the subdivision shall meet the Residential Design Standards as set forth in Land Use Code Section 26.410, unless variances from said standards are granted. Section 5: Utilitv and Service Conditions of Approval The following conditions are applicable to this approval. 1. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 2. The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. 3. The Applicant shall execute a shared sewer service line agreement prior to application for a building permit. 4. Lots 1 and 2 shall share a driveway meeting the City Engineering Department Design Standards to be accessed off of Castle Creek Road, and in the approximate location shown on the Final PUD plans. 5. The Applicant shall meet the requirements of the Fire Marshal. Section 6: Emdneerine Requirements and Conditions: The following conditions are applicable to this approval. 1. The Applicant and contractors are hereby notified that there will be no construction material or dumpsters stored on the public rights-of way unless a temporary encroachment license is granted by the City Engineer. 2. The Applicant shall submit a construction management plan as part of the building permit application, and the management plans shall include a noise, dust control, and construction traffic and construction parking management plan which addresses, at a minimum, the following issues: a. Defining the construction debris hauling routes and associated impacts on local streets; and b. Construction parking mitigation, except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The city encourages that site workers be shuttled in from the airport parking area. 3. The Applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 4. The Applicant shall submit financial assurance in an amount and form acceptable to the City Engineer and City Water Department Director for excavation in the public right-of way. The Applicant shall also schedule the abandonment of the existing water tap prior to requesting a new water tap. 5. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday. Section 7: Environmental Health The following conditions are applicable to this approval. 1. To the extent that any contaminated soil or solid waste are found to exist on the site, no such contaminated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits. 2. The applicant shall provide a handling and disposal plan that complies with City Environmental Health Department requirements for the abandonment of existing septic system. 3. New residential buildings are limited to two gas log fireplaces and unlimited numbers of decorative gas fireplace appliances per building. The applicant must file a fireplace permit with the Building Department before a building permit will be issued. New homes may not have wood burning fireplaces, nor may any heating device utilize coal as fUel. All outdoor trash and recycling storage enclosures shall meet with the City of Aspen's wildlife protection regulations that specify closures for dumpsters and other containers. Section 8: Lif!htinf! All 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 9: Landscapinf! Improvements The following conditions are applicable to this approval. 1. All landscaping in the public right-ofway shall meet the requirements as set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of Way. Any landscaping in the public right-ofway shall be approved by the City Parks Department prior to installation. The Applicant shall obtain a revocable encroachment license from the City Engineering Department prior to installation of any landscaping or improvements in the public right-of way. 2. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved or at other points associated with the limit of the foundation as approved by the Parks Department. a. The Parks Department must inspect and approve of the fence location 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 fenced drip line. Section 10: Emplovee Housinf! The following conditions are applicable to this approval. 1. Affordable Housing Unit B on Lot 2 shall be afor-sale unit designated Category 7. Unit B may be sold either as a singlefamily lot with accompanying development right, or as a completed residential unit. 2. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted affordable housing units. Section 11: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 12: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee. The City of Aspen Zoning Officer shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Attest: ~ J~f~ :z- Jasmine Tygre, Chai ckie Lothian, Assistant City Clerk FINALLY, adopted, passed and approved by the Planning and Zoning Commission this 24th day of January, 2006. Approved as to form: CiQ~ Yt- IW,'1 ..1! ~ '!" !!/ill ~!Ii~ i C') ~:>- ~cn ;:;.... ",r- '111 o OC') ;;:ll ~111 ~111 0,", :ll o :>- \:) . r- ..0 . n ... III j!: en ~!'!' "V > _ r- ~ ~ ~~ ~ q i:: !::Jl!! (jD~ Z. , , .; l \, :j' )1 il((' / /1 /!\~ 7 / \ I~!'\! I' /!/ Y i~ill! r'J ,I /(I! :! 'I' \ ~1' / ! I \ \ ! ".11, \ .,t" ' i ), ' "\' ~_ l! /I' \1 \1.:..I..~ % j)~/ / \ I.lilil I fi iJ;l/ " \ i I\I!! I i ,\,/ I : I' II Iii\! , ;/ /\ I ! ....,/)j I\\\! I Ij//:: '#1:,-.2' ,/:~;:...Y- :;:;,{ Jl,\!,\\l, !: ".'" ,~,..,!rl'~ ,~..... . .\\\\ /,' "if',. \ iZl:!l!! ~ - \,,,11" %: /,/ "..~..-! 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