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Home My WebLink Aboutresolution.apz.012-06 1111111111111111111111 ~;~~~~~! ~1551 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 o 0.00 Resolution No. 12 (SERIES OF 2006) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A STREAM MARGIN REVIEW, SPECIAL REVIEW TO DETERMINE THE RIVER'S TOP OF SLOPE, AND VARIANCES FROM THE BUILDING ORIENTATION AND WINDOW HEIGHT RESIDENTIAL DESIGN STANDARDS TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AT 17 SHADY LANE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-00-010 WHEREAS, the Community Development Department received an application from Callwinnie LLC, requesting Stream Margin Review, Special Review to determine the river's top of slope, and variances from the building orientation, fence height, garage entry width, and window height residential design standards to construct a new single- family residence at 17 Shady Lane; and, WHEREAS, the Applicant revised the design of the garage to setback one of the stalls to satisfy the garage entry width design standard, eliminating the need for the garage entry width variance; and, WHEREAS, the Applicant's property is a 93,653 square foot lot located in the R- 30 Zone District and in an Environmentally Sensitive Area as defined by the Land Use Code; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the stream margin review standards, special review standards, and the residential design standard variance review standards; and WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended approval of the steam margin review, special review to determine the river's top of slope, and building orientation residential design standards variance finding that the review standards have been met; and, WHEREAS, upon review of the application, site visits, and the applicable Land Use Code standards, the Community Development Director recommended that the Planning and Zoning Commission deny the fence height and window height residential design standard variances finding that the review standards are not met; 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, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen 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 objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approved Resolution No. 12, Series of 2006, by a seven to zero (7-0) vote, approving with conditions, stream margin review, special review to determine the river's top of slope, and variances from the building orientation and window height residential design standards to construct a new single-family residence at 17 Shady Lane, and, WHEREAS, the City of Aspen 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 Commission: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a stream margin review, special review to determine the river's top of slope, and variances from the building orientation and window height residential design standards to construct a new single- family residence at 17 Shady Lane, Subject to the conditions contained herein. Section 2: Buildinl!: Permit The Applicant shall submit and receive approval of a building permit application prior to commencing construction activities. The building permit application shall contain the following: a. A copy ofthe final 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 tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for mitigation of removed trees, if applicable. e. The building plans shall demonstrate an adequate fire suppression system approved by the Aspen Fire Marshal will be installed. A fire alarm system meeting the requirements of the Fire Marshal shall be installed. f. A construction management plan that details the proposed method and means by which the site will be accessed with excavation and grading equipment during construction. This plan shall also detail the proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be :551 o 0.00 parked in the area around the site. The City encourages that site workers be shuttled in from the airport parking area. g. A Geotechnical Report and study performed by a Colorado licensed Civil Engineer. This study shall include a detailed description of the slope stabilization and erosion control techniques to be used during construction. h. A drainage and 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. Silt fencing shall be incorporated into the erosion control plan as is described in Section 3 below. A 5-year storm frequency should be used in designing any drainage improvements. The drainage plan shall demonstrate that there will be no increase in the site's historic runoff as a result of the new residence. The Study shall also demonstrate that there will be no increase in the base flood elevation as a result of the development. No clear water connections (roof, foundation, perimeter, patio drains) are allowed to be connected to the sanitary sewer system. 1. A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and understood. Section 3: Erosion Control The Applicant shall place vegetation protection fencing and silt fencing directly adjacent to the top of slope that meets the approval of the City of Aspen Parks Department. The Applicant shall provide a detailed tree protection fencing plan at the time of building permit submittal and have the City of Aspen Parks Department inspect and approve of the erected silt and tree protection fencing prior to commencing construction. Section 4: Tree Protection There shall be no excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on the site. An excavation under the drip line permit shall accompany the tree removal permit required in Section 2 above. No over digging shall be allowed in the immediate areas adj acent to the large spruce tree located just north of the proposed residence and the large spruce tree located directly south of the proposed residence. Section 5: Riparian Restoration The Applicant shall submit a revised landscaping plan to the City of Aspen Parks Department for review and approval prior to building permit submittal. The revised landscaping plan shall not include the following types of vegetation that were proposed in the original application: 11111111111111111111 II ~;~~~~~! ~1:551 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 Planting Zone 1- Shall not include Ticklegrass, Beckman's Sloughgrass, Fringed Bromegrass, or New Mexican Checkermallow. Planting Zone 2- Shall not include Colorado Male Fern, Mountain Nine Bark, Ribes (Gooseberry), or Blue gama. Planting Zones 4 and 5- Shall not include Coral Carpet Sedum, Golden Stonecrop, Blue Spruce, Rosy Glow Sedums, Rubus, or Huckleberry. Planting Zone 7- Shall not include Common Treesquare, Hardstem Bulrush, Water Sedge, Beaked Sedge, Common Scouring Rush, or Streamside Alpine Bluebells. Section 6: Outdoor Lil!:htinl!: All outdoor lighting shall be downcast and meet the requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 7: State and Federal Permits The Applicant shall apply for and obtain all necessary state and federal permits for vegetation restoration and plantings within the 100-year flood plain. Section 8: Sanitary Sewer Requirements The old sewer line connection next to the Rio Grande Trail shall be excavated and abandoned at the main sanitary sewer line. Aspen Consolidated Sanitation District (ACSD) personnel shall make a new tap and a new sanitary service line meeting the ACSD's standards shall be installed at the Applicant's expense. The glycol heating and snow melt system must be designed to prohibit discharge of glycol to any portion of the public or private sanitary sewer system. Glycol storage areas shall be approved by the ACSD prior to installation. Section 9: 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 10: 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. \III~IIIUII~ :~~~:~~:,,~ JANICE K vaS CAUDILL PITKIN COUNTY co R 26.00 Section 11: 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, 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. APPROVED by the Commission at its regular meeting on March 7, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~~ City ttorney J J} V ATTEST: 11\\111 \\111 \\11\\ III \11\\ 111\\\1 111\\1 III \\1\1 \111 1\\1 :;~~:;~~0;1: 551 JRNICE K vaS CAUDILL PITKIN COUNTY CO R 26.00