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HomeMy WebLinkAboutresolution.apz.016-06 , RESOLUTION NO. 16 (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN 8040 GREENLINE REVIEW, A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS, SUBDIVISION REVIEW, CONSOLIDATED CONCEPTUAL/FINAL PUD, AND A GROWTH MANAGEMENT REVIEW FOR THE PRESERVATION OF SIGNIFICANT OPEN SPACE PARCELS FOR THE 1001 UTE AVENUE SUBDIVSION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-182-00-063 WHEREAS, the Community Development Department received an application from Leathem Stearn, owner, represented by Davis Horn Incorporated, requesting approval of Subdivision, Consolidated Conceptual/Final Planned Unit Development, 8040 Greenline Review, Growth Management Review for the Preservation of Significant Open Space Parcels to divide the parcel at 1001 Ute Avenue into two (2) residential properties and four (4) separate common open space areas, City and Townsite of Aspen; and, WHEREAS, the pursuant to Land Use Code Section 26.470.040(B)(1), Detached Single-family and Duplex Dwelling Units, the Community Development Director approved a Growth Management Review for the construction of one single-family dwelling unit, conditioned upon approval of the other associated land use actions requested; and, WHEREAS, pursuant to Land Use Code Section 26.445.030(B)(2), Consolidated Conceptual and Final Review, the Community Development Director consented to allow for the development application to be reviewed as a consolidated PUD review because of the anticipated limited scope of issues involved with the review; and, WHEREAS, pursuant to the applicable sections of the land use code, the Community Development Director has reviewed the requested land use actions and recommended denial of the growth management review for the preservation of significant open space parcels and that a maximum floor area ratio (FAR) of only 3,700 square feet be allowed per residential lot; and, WHEREAS, during a duly noticed public hearing on April 4, 2006, the Planning and Zoning Commission opened and continued the public hearing on this application to April 18, 2006; and, \ 11111111\ 1111 1111 111111 ::~~ ~~;~ :2 221 Ji=lNICE K VOS Cf:lUDILL PITKIN COUNTY co R 41.00 0 0.00 WHEREAS, during a continued public hearing on April 18, 2006, the Planning and Zoning Commission opened and continued the public hearing on this application to May 2, 2006; and, WHEREAS, the Applicant amended the development application to include the development of a Category 4 affordable housing unit to mitigate for the second free- market residential unit in the subdivision; and, WHEREAS, during a continued public hearing on May 2, 2006, the Planning and Zoning Commission approved Resolution No. 16, Series of 2006, by a six to zero (6-0) vote, approving with conditions an 8040 Greenline Review, a growth management review for the development of affordable housing, and recommending that City Council approve with conditions, subdivision review, consolidated conceptual/final PUD, and a growth management review for the preservation of significant open space parcels for the 1001 Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue into two (2) residential properties, a parcel for the development of a Category 4 AH unit and four (4) separate common areas, City and Townsite of Aspen; 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, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and 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 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 Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, an 8040 greenline review, a growth management review for the development of affordable housing, and hereby recommends that City Council approve with conditions, subdivision review, consolidated conceptual/final PUD, and a growth management review for the preservation of significant open space parcels for the 1001 Ute Avenue Subdivision to divide the parcel at 1001 Ute Avenue into two (2) single-family residential properties, a property for the development of a "for sale", Category 4 affordable housing unit and four (4) separate common areas, City and Townsite of Aspen, subject to the conditions contained herein. 111111111111 1111 111111 ::~~ ~~;~ :2 221 JANICE K VOS Ci=lUDILL PITKIN COUNTY CO R 41.00 0 0.00 Section 2: Approved Development Development of two (2) free-market single-family residential dwelling units and the development of one ADU on Lot 1, and the development of a "for sale", Category 4 affordable housing unit, the relocation of the existing tennis courts approximately thirty (30) feet to the west of their current location, along with the necessary road improvements to access the residential lots are hereby approved subject to the terms ofthis ordinance. Section 3: Dimensional ReQuirements The approved dimensional requirements are as follows: - ... " Dimensional Approved Requirement Dimensional ReQuirements Minimum Lot Size Lot 1- 24,850 SF Lot 2~ 30,060 SF Common Area I Open Space= 20,860 SF Common Area 2 Open Space= 24,860 SF Common Area 3 Access Easement=' 15,290 SF Common Area 4 Open Space~ 920 SF Minimum Lot Width 25 Feet for Conunon Area 2 Open Space Minimum Lot Area 31,655 SF in PUD Per Dwelling Unit Minimum Front Per Building Envelope Yard Setback Minimum Side Yard Per Building Envelope Setback Minimum Rear Yard Per Building Envelope Setback Maximum Height 25 Feet as measured from fmished grade Allowable External 5,040 SF per each of the FAR two (2) single- family residential dwelling units as calculated based on the City land use code methodology in affect at the time of building pennit submittal. Additionally, 1,400 SF is allocated for the development of a "for sale", Category 4 affordable housing unit. Minimum Off-Street 2 Spaces per Residential Parking Unit N N N "'" '" m Io-tOQ Q 0 ~s o M~C l!) ..,... N ~~ m", l!) 0. IS) SI '" " u >- >- z => " u " '" >- 0. -' -' " => " u '" " > '" w u z " ~ Section 3: SubdivisionlPUD Plat and Al!reement The Applicant shall record a subdivisionIPUD plat and agreement that meets .the requirements of Land Use Code within 180 days of approval. The Plat shall contain the property boundaries, easements, and the building envelopes. Section 4: 8040 Greenline Review The 8040 Greenline approval granted herein is only for the road serving the single-family residence parcels and the relocation of the tennis courts. Prior to applying for building permits on the two (2) free-market residential units or the associated accessory dwelling units within the subdivisionIPUD, an 8040 Green1ine Review on the specific residence designs shall be applied for and approved pursuant to Land Use Code Section 26.435.030, 8040 Greenline Review. Section 5: Residential Desil!n Standards The two (2) single-family residences to be constructed within the subdivision shall be required to meet the applicable City of Aspen Residential Design Standards pursuant to Land Use Code Section 26.410, Residential Design Standards. Section 6: Affordable Housinl! Mitil!ation The Applicant shall either pay a cash-in-lieu fee normally associated with single-family residential development in the City of Aspen or build an ADU for the single-family dwelling unit to be constructed on Lot 1 of the subdivisionIPUD pursuant to Land Use Code Section 26.470.040(B)(1), Detached single-family or duplex dwelling units. ADUs to be constructed shall meet the requirements of Land Use Code Section 26.520, Accessory Dwelling Units and Carriage Houses. A "for sale", Category 4 affordable housing unit consisting of a minimum of 1,400 square feet of net livable space shall be constructed to mitigate for the free-market residential dwelling unit to be constructed on Lot 2 of the subdivision. Section 7: Conservation Easement The Applicant shall deed the 4.1 acres of the fathering parcel to be placed under a conservation easement to the City of Aspen. Subsequently, the City of Aspen shall record a conservation easement to be held by a third party on the 4.1 acres of the fathering parcel to remain in Pitkin County, that will be sterilized in perpetuity against future development in exchange for one of the two (2) single-family development rights within the subdivision. The property shall be deeded to the City and the conservation easement document shall be recorded prior to submission for an access/infrastructure permit on the common driveway improvements within the subdivisionIPUD. Section 8: 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 in conjunction with any residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Applicant shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in III 1111 1111111111 II 1111 11111 II/ II 1/11 III ~;:~~~;!:2 22 JI=lNICE K VQS CRUDILL PITKIN COUNTY CO R 41.00 0 0.00 . effect at the time of building permit submission as set forth in Land Use Code Section 26.630.030, School Lands Dedication: Dedication Schedule. Section 9: 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 at the time of building permit issuance for any construction within the subdivision that adds new residential/lodge bedrooms and/or commercial/office square footage. The City Zoning Officer shall calculate the amount due using the fee schedule in effect at the time of building permit submission as set forth in Land Use Code Section 26.610.030, Park Development Impact Fee: Fee Schedule. Section 10: Soil Subsidence. Rock Fall. and Avalanche 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 in conjunction with the 8040 Greenline Review applications for the individual residences proposed within the subdivisionIPUD. The designs for the single- family residences within the subdivisionIPUD shall comply with the recommendations of the Applicant's Avalanche Specialist, Peter Lev, which is that there shall only be small windows with shutters or no windows proposed on the uphill side of the residences. Alternatively, a four (4) foot reinforced wall could be constructed above the residences to block snow slides. The residence designs shall also comply with the recommendations of the Applicant's Geologist, Nicholas Lampiris, which is that rear foundation wall shall be at least four (4) feet above finished grade and be without windows and doors on the uphill side of the residences. Section 11: Mine Waste The Applicant shall provide prior to submitting a building permit application on either of the residences, the City with a mine waste testing and handling plan that complies with the following conditions of approval as memorialized in Ordinance No. 25, Series 1994 regarding the handling of any contaminated soils encountered on the property: a. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with a non-permeable tarp or other protective barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility. b. Non-removal of contaminated material. No 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. 111111111111 1111111111 ~~:~~~;~:2: 22 JRNICE K vas CAUDILL PITKIN COUNTY CO R 41.00 D 0.00 c. Dust suppression. All actIvIty or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be planted or cultivated within the boundaries of the site except in garden beds consisting of not less than twelve (12) inches of soil containing no more than 999- ppm lead. e. Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require a permit as provided in Section 7-143 (4). f. Any contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement. Soils used in landscaped areas or engineered fills shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead. Section 12: Fire Mitil!ation Fire sprinkler and alarm systems that meet the requirements of the Fire Marshall shall be installed in each of the single-family residences to be constructed within the subdivisionIPUD. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. The residences to be designed and constructed within the subdivisionIPUD shall meet the Colorado Defensible Space Standards. Compliance with the Colorado Defensible Space Standards shall be verified as part of the 8040 Greenline Review process on the individual residences. Section 13: Drivewav Construction The driveway shall be constructed to the grades that are proposed in the application and shall not exceed twelve (12) percent at any point. A hammerhead fire truck turnaround meeting the requirements of the Fire Marshall shall be installed as proposed in the application. The common driveway shall be snowmelted and the Homeowner's covenants shall contain language requiring that the snowmelt remain active and turned on at all times during the winter months of October to April. An access/infrastructure permit shall be applied for and approved by the City Community Development Department prior to commencing any grading or construction activities related to the installation of the common driveway to the residential parcels. A geotechnical report shall be submitted as part ofthe accesslinfrastructure permit application. Section 14: Landscapinl! The Applicant shall install landscaping that is consistent with the landscaping plan that is proposed in the application for screening of the retaining wall. A tree removal permit and tree protection plan shall be submitted and approved by the City of Aspen Parks Department prior to commencing construction activities related to the subdivision access improvements. Additionally, individual landscaping plans for the residential parcels shall be submitted and reviewed by the City Parks Department as part of the 8040 Greenline 111111111111 1111111111 ~~:~~~;!:2: 221 JRNICE K vas CAUDILL PITKIN COUNTY CO R 41.00 0 0.00 Review applications for the individual residences. The Applicant shall provide a financial security to ensure the completion of the landscaping as shown on the landscaping plan in the application is completed prior to a building permit application being submitted on any of the residential units within the subdivision. Section 15: Relocation of Tennis Courts The Applicant shall relocate the existing tennis courts prior to or in conjunction with the installation of the common driveway to the residential parcels within the subdivisionIPUD. An access/infrastructure permit shall be applied for and approved prior to the commencement of construction activities related to relocating the tennis courts. The pathway from Ute Avenue to the relocated tennis courts shall be improved to comply with applicable ADA accessibility requirements. Section 16: Trail Easement The Applicant shall grant a public trail easement to accommodate the existing Ajax Trail if it is found to be located outside of the existing trail easement in areas. Additionally, the Applicant shall grant a permanent public trail easement meeting the approval of the City of Aspen Parks Department along the eastern comer of single-family residential Lot 1 in order to accommodate a pedestrian trail from the Ajax Trail down to Ajax Park prior to recordation of the final subdivisionIPUD plat. Section 17: Water Department ReQuirements The Applicants 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 Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Section 18: Aspen Consolidated Sanitation District ReQuirements The Applicants 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. The sanitary sewer lines serving the residential properties within the subdivision shall be constructed out of a yellowmite material since adequate separation between the water and sewer lines cannot be maintained under the common driveway. If a glycol heating and snowmelt system is to be installed, the glycol storage areas shall be reviewed and approved by the Aspen Consolidated Sanitation District prior to installation. Section 19: 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 20: This resolution shall not effect 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 21: 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 ofthe City of Aspen by a six to zero (6-0) vote on this 2nd day of May, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: n4L~ City Attorney ~ ATTEST: 11111111111I 1111111111 ::~~~~;~:2: 22, JANICE K vas CAUDILL PITKIN COUNTY CO R 41.00 D 0.00