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Home My WebLink Aboutresolution.apz.010-06 1111111111111111111111 ~~~~~~;~:2 2. JANICE K vas CRUDILL PITKIN COUNTY CO R 21.00 D 0.00 Resolution No. 10 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING HALLAM LAKE BLUFF REVIEW FOR AN OUTDOOR POOL, ASSOCIATED DECKING, A FIRE PIT, AN UNDERGROUND CONNECTION TO THE RESIDENCE, AND A STAIR ENCLOSURE TO ACCESS THE POOL FROM THE UNDERGROUND CONNECTION, WITH CONDITIONS, FOR THE LEWIS RESIDENCE, 414 NORTH FIRST STREET, CITY OF ASPEN, COLORADO. Parcel ID:2737-124-18-005 WHEREAS, the Community Development Department received an application from Jonathan Lewis and Roberto Posada Trust, owner of 414 North First Street, represented by Gyles Thomely, Design Workshop for Hallam Lake Bluff Review for the development of an outdoor pool, associated decking, an underground connection to the primary residence; and, WHEREAS, the Property is legally described as Block 55 Lots A, B, C, D, E, F, G, H, and I less 1260 square feet, City and Townsite of Aspen, and is commonly known as 414 North First Street, Aspen, Colorado; and, WHEREAS, the site currently contains a single-family residence and associated uses and improvements; and, WHEREAS, pursuant to Section 26.435.060.C of the Land Use Code, Hallam Lake Bluff Review may be approved, approved with conditions, or denied by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and the standards of review of said Section; and, WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during a regular meeting on February 21,2006, and continued to March 21, 2006, and continued to April II, 2006, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where the recommendation of the Community Development Director and comments from the public were heard the standards of review were examined and approved the request for Hallam Lake Bluff Review by afa.to-fq,,~ vote, with the findings contained in Exhibit A of the April II, 2006, staff memorandu;;; and the conditions of approval listed hereinafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1: Hallam Lake Bluff Review The Planning and Zoning Commission, pursuant to Chapter 26.435.060.C, hereby approves the Hallam Lake Bluff Review for the development of an outdoor pool, associated pool decking, fire pit, an underground connection to the residence, and a stair Planning and Zoning Commission Resolution No. 10, Series of 2006 Page 1 1111111111111111 111111 ~~~~~~;~:2 2 JANICE K vas CAUDILL PITKIN COUNTY CO R 21.00 D 0.00 enclosure connecting the underground connection to the pool deck, subject to the following conditions. Sectiou 2: Buildinl! Permit The building permit application shall include/depict: I. A signed copy of the P&Z Resolution granting land use approval. 2. A letter from the primary contractor stating that the approving Resolution has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A grading/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. Any off-site improvement shall be done in coordination with the City Engineer. 6. A tree removal permit, as applicable. 7. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division may also be necessary. 8. A study performed by a Colorado licensed Civil Engineer demonstrating how the required excavation of the site shall be performed without damaging adjacent properties, structures, or the slope stability ofthe bluff. 9. A structural design plan for the pool and soils study demonstrating how the proposed design will not damage adjacent properties, structures, or the slope stability of the bluff. 10. A construction site management and parking plan meeting the specifications of the City Building Department. This shall include site access from the east side of the property directly to Francis Street and construction fencing and staging area as represented in the application, as amended for the April II, 2006 hearing to not encroach into the 15- foot setback area. Prior to issuance of a building permit: I. All tap fees, impacts fees, and building permit fees shall be paid. Planning and Zoning Commission Resolution No. 10, Series of 2006 Page 2 1111111111111111111I II ~~~~~~;~:2 : 2 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00 Section 3: Pool must be drained to Sanitary Sewer The pool shall be connected to the sanitary sewer as specified by the Aspen Sanitation District and shall only be drained through the sanitary sewer. Section 4: Lil!htinl! Code and no lil!htinl! down the slope All outdoor lighting shall be in compliance with the City of Aspen Outdoor Lighting Regulations, as amended from time to time, and no lighting down the bluff shall be permitted. Section 5: Representations All material representations and commitments made by the developer 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 other specific conditions. The development approved herein shall be accomplished as represented in the January 6, 2006, application and according to the written, verbal, and graphic representation made before the Planning and Zoning Commission on March 21, 2006, and April II, 2006, including, but not limited to, representations regarding heights and setbacks of the improvements and the intended areas of disturbance and the following: . Additional vegetative screening of the stair tower may be installed with approval by the City Parks Department Director. This shall not require an amendment to this approval. . The low seating walls approved pursuant to the February 8, 2006, administrative amendment shall not be developed within fifteen (15) feet of the top-of-bluff and the administrative approval shall be considered void. . Additional height of any of the structures approved through this approval shall require an amendment of this approval. . Any additional outdoor lighting, in number or intensity, within thirty (30) feet of the top-of-bluff, other than those fixtures already existing and those presented to the Planning and Zoning Commission on April II, 2006, shall require an amendment to this approval. . All construction materials shall be substantially consistent with the representations made during the review of this approval including the use of non-reflective paint within the stair tower and the use of dark, non-reflective paint within the pool. . Any change to the size ofthe pool shall require an amendment of this approval. Section 6: Noise Durinl! Construction During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday. Construction is not allowed on Sundays. Section 7: 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 Planning and Zoning Commission Resolution No. 10, Series of 2006 Page 3 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: 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. Section 9: That the City Clerk is directed to record a copy of this Resolution in the office of the Pitkin County Clerk and Recorder. APPROVED by the Commission at its regular meeting on ,2006. PLANNING AND ZONING COMMISSION: / I J~ 7y(!/ Jasmine Tygre, Chair ---, APPROVED AS TO FORM: D ATTEST: ckie LOthian, Deputy City Clerk C:\homeICurrent PlanninglCASESI414N 0 1 stl414Reso.doc 1111111111111111111111 ~~~~~~;~:2: 2 JRNICE K vas CFlUDILL PITKIN COUNTY co R 21.00 D 0.00 Planning and Zoning Commission Resolution No. 10, Series of 2006 Page 4