Loading...
HomeMy WebLinkAboutordinance.council.011-06 111111111I111111 111111 ~~~~: ~~;~ :2: 431 o 0.00 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 41.00 ORDINANCE NO. 11 (SERIES OF 2006) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL CITY APPROVING WITH CONDITIONS THE DODARO SUBDIVISION (LOTS SA AND 5B) AND PUD AMENDMENT TO CONSTRUCT AN ADDITION TO THE EXISTING DETACHED DWELLING AND VOLUNTARY GARAGE/ADU ON LOT SA AND TO ALLOW THE DEVELOPMENT OF TWO DETACHED DWELLINGS ON LOT 5B ON THE PROPERTY KNOWN AS 920 AND 930 MATCHLESS DRIVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-074-22-01 and 2737-074-22-02 WHEREAS, the Community Development Department received an application from Christine Dodaro, Peter Dodaro, and Shirley Peterson, Trustee - Shirley H. Peterson Living Trust, represented by Kim Raymond, requesting a combined review and approval of Subdivision and consolidated PUD Amendment, for the development of two lots, Lots 5A and 5B; and, WHEREAS, an addition to the existing detached residential dwelling unit and a new garage/ ADU is proposed for Lot 5A and a total of two detached dwelling units is proposed for Lot 5B; and, WHEREAS, the subject property is zoned Medium-Density Residential (R-6) with a PUD overlay; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, the Planning and Zoning Commission determined during the review of the application that the application was available for a combined review of the land use requests and a consolidated two-step review of the PUD Amendment; and, WHEREAS, during a duly noticed public hearing on February 28, 2006, the Planning and Zoning Commission reviewed the application, and took public comment; and, WHEREAS, on February 28, 2006, the Planning and Zoning Commission approved Resolution No.6, Series of 2006, by a four to zero (4-0) vote, recommending that City Council approve with conditions, the proposed subdivision and consolidated PUD Amendment for the development of two lots with an addition to the existing detached residential dwelling unit and a new garage/ADU proposed for Lot 5A (930 Matchless) and a total of two detached dwelling units proposed for Lot 5B (920 Matchless); and, WHEREAS, during a duly noticed public hearing on April 24, 2006, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 11, Series of 2006, approving with conditions, the subdivision and consolidated PUD Amendment for the development of two lots with an addition to the existing detached residential dwelling unit and a new garage/ADU proposed for Lot 5A (930 Matchless) and a total of two detached dwelling units proposed for Lot 5B (920 Matchless); and, Page I of8 WHEREAS, the City Council finds that the development proposal meets many of the applicable development standards and where the standards are varied, that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby Council approves with conditions the Dodaro Subdivision and consolidated PUD Amendment for the development of two lots with an addition to an existing detached residential dwelling unit and garage/ADU on Lot 5A (930 Matchless Drive) and allowing an additional dwelling unit on Lot 5B for a total of two detached dwelling units on Lot 5B (920 Matchless Drive). Section 2: Plat and Al!reement The Applicants shall record a subdivisionIPUD plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The Applicant shall also enter into a sidewalk agreement to install a future sidewalk adjacent to Matchless Drive along the entire lot frontage ifit is deemed appropriate by the City of Aspen to have a sidewalk in this location at some time in the future. Section 3: Buildinl! Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. 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 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. e. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. 111111111I111111111111 ~~~~: ~~;~ :2: 431 JANICE K VOS CFlUDILL PITKIN COUNTY CO R 41.00 o 0.00 Page 2 of8 f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. h. The Applicants shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All soils on Lots 5A and 5B shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: 1) All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non-permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. 2) The owner and general contractor of any development on Lots I and 2 of the South and Gibson Subdivision shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. 3) The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. Section 4: Permitted Use of the Property As outlined in the Applicants' development application, Lot 5A (930 Matchless) shall be developed with an addition to the existing detached residential dwelling and a detached garage/ADU, the design having been reviewed and approved by the Historic Preservation Commission. Lot 5B (920 Matchless) will contain the existing detached residential dwelling and an additional detached residential dwelling for a total of two detached residential dwellings. The design and alteration of the existing building and new building or structures shall be reviewed and approved by the Historic Preservation Commission. Section 5: Dimensional ReQuirements 111111111I111111111I II ~~~~: ~~;~ :2: 431 JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 0 0.00 Page 3 of8 111111111I111111 111111 ~~~~: ~~;~ :2: 431 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 41.00 D 0.00 The redevelopment of the lots as presented will vary the dimensional requirements of the Medium-Density Residential (R-6) zone district. As a PUD Amendment, the dimensional requirements shall be set as follows: -,-"'^.~, Minimum Lot Size Minimum Lot Width Minimum Lot ArealDwelling Minimum Front Yard Setback Minimum Side Yard Setback 3,000 SF 30 3,000 SF 23.8 Feet 2.5 Feet from west property line 15 Feet from east property line Total Side Yards 17.58 Feet Minimum Rear Yard Setback 10 Feet - Principal Building 5 Feet - Accessory Building Maximum Hei ht Allowable Floor Area 25 Feet 2,486 SF with the ability to land a 500 SF HPC floor area bonus for the approved site specific development plan reviewed and approved by the HPC via Resolution No.35, Series 2005 3,000 SF 30 Feet 3,000 SF 21.6 Feet 3.92 Feet from the east property line as along as existing structure is not demolished or if an HPC variance is granted 5 Feet from the west property line unless an HPC variance is anted NA - as long as there is ten feet between the two detached dwellin units 10 Feet - Principal Building 5 Feet - Accessory Building (unless a waiver is granted by the HPC) 25 Feet 3,485 SF Section 6: Off- Street Parkinl! ReQuirements As part of the PUD Amendment the parking requirement for Lot 5A shall meet the off-street parking requirement for the use of the property containing a detached dwelling unit and an accessory dwelling unit which requires three (3) off-street parking spaces. Lot 5B shall meet the off-street parking requirements for the use of the property, unless a parking waiver is permitted by the Historic Preservation Commission. Section 7: Enl!ineerinl! A CMP plan meeting the requirements of the City will be required as part of the approval process. Submission of this report should be before any building permit application to allow open discussion of phasing and traffic impacts. The Staff can provide a list of those CMP requirements inclusive of: construction traffic routing, erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan for use in development of that plan. Page4of8 1111111111111111 111111 ~~~~: ~~;~ :2: 431 Section 8: Fire Mitil!ation JANICE K VOS CAUDILL PITKIN COUNTY CO R 41.00 0 0.00 The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if a building is over 5,000 square feet in area. Section 9: Water Department ReQuirements Individual lots need separate services. If there is more than residence on a lot a common service agreement may be allowed. The Applicants shall vacate the city water well on Lot 5A. Any development shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. The City must be presented an option acceptable to the State and City by the Applicants prior to the existing well on Lot 5A being abandoned or relocated. Section 10: Sanitation District ReQuirements The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service line connections must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. It is recommended that the old 6" clay sanitary sewer service line be replaced by a new 8" PVC main line with two manholes, thereby allowing 920, 930, 940, and 950 to have their own service line tied directly into a district maintained sewer line. Section 11: Exterior Lil!htinl! All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicants shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicants shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.420.020. B.4, Waiver of Fees, the Park Dedication Fees may be waived. All other impact fees, as applicable at the time of submission, shall be paid prior to the issuance of the building permit. Section 14: Parks Page 5 of8 ';"'..;;0' An approved tree removal permit is required prior to submitting the building permit. The Parks Department sign off will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit set and should include fence details and fence locations as well as the following language, "A construction fence shall be installed at the drip line of each individual or grouping of trees remaining on site. No excavation, storage of materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the' City of Aspen Parks Department for inspection of the fence, 920-5120 before any construction activities commence. After inspection and approval of the fence location the fence cannot be moved or removed without permission from the Parks Department or until the project receives the Certificate of Occupancy." Utility connections need to be designed in a manner that does not encroach into the tree protection zones. Root Pruning: The Applicants will need to contract with a tree service, and have them on call in order to address all roots greater than 1.5 inches in diameter. Root trenching will be required around all trees with excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. Section 15: Vested Ril!hts The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot 5A and 5B, Dodaro SubdivisionIPUD Amendment 11,'"'J~II,~,"t::;:~~~ :'.", Page 6 of8 111111111I111111111111 ~~~~: ~~;~ :2: 431 JANICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval ofthe general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 16: All material representations and commitments made by the Applicants pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 17: This ordinance 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 18: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 19: A public hearing on this ordinance shall be held on the 24th day of April, 2006, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice ofthe same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of March, 2006. A~ , City Clerk Attest: FINALLY, adopted, passed and approved this 8th day of May, 2006. Page 7 of8 - - '..",.,., ~ h, City Clerk Approved as to form: 7 11/L/l~ City Attorney , . 1111111111111111111111 ~~~~: ~~;~ :2: 431 JI=lNICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00 Page 8 of8