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HomeMy WebLinkAboutresolution.apz.017B-06 RESOLUTION NO. 0171$ (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN 8040 GREENLlNE REVIEW FOR A SINGLE- FAMILY RESIDENCE ON LOT 2, MOSES LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273718256001 WHEREAS, the Community Development Department received an application from Little Nell House 2, LLC, represented by Stan Clauson Associates, Inc., requesting approval of an 8040 Greenline Review to construct a new single-family residence on Lot 2, Moses Lot Split; and, WHEREAS, the subject property is approximately 1.02 acres and is located in the R-15 (PUD) Zone District; and, WHEREAS, the proposed development is located at an elevation of approximately 8,080 feet above sea level and is subject to 8040 Greenline Review, pursuant to Land Use Code Section 26.435.020, Environmentally Sensitive Areas; and, WHEREAS, the Planning and Zoning Commission may approve development at, or above, or within 150 feet below the 8040 Greenline in conformance with the review criteria established in Land Use Code Section 26.435.030(C), 8040 Greenline Review; and, WHEREAS, the Community Development Department has reviewed the proposal and recommended that the Planning and Zoning Commission approve with conditions the 8040 Greenline Review; and, WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning and Zoning Commission approved with conditions, by a 5-0 vote, the Lot 2, Moses Lot Split 8040 Green1ine Review; and, WHEREAS, the Aspen 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 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 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 Lot 2, Moses Lot Split 8040 Greenline Review to construct a new single-family residence on Lot 2, Moses Lot Split, is hereby approved with the following conditions: 11111111111 \ 111111111111 ::~~~~~1 ;22: JANICE K VOS CI=IUDILL PITKIN COUNTY CO R 31.00 0 0.00 1. A final plat shall be filed within 180 days of final land use approval by the Planning and Zoning Commission. A final plat shall be reviewed and approved by the Engineering and Community Development Departments. 2. The final plat shall depict the following: a) A reference to the Rep1at of Lot 2, Moses Lot Split and Final Subdivision Plat of Mitchell-Bornefield Property, recorded on Book 29, Page 65 at the Pitkin County Clerk and Recorder's Office, incorporating and carrying forward Dedications, including Section 1 (A-D) and Section 2 (A-D). b) The access onto Lot 1, Moses Lot Split. c) An easement indicating Lot 2 access off of Aspen Alps South Road. d) A statement by the surveyor, either in a surveyor's certificate or in a general note, that all easements ofrecord have been shown on the plat. 3. The allowable floor area of the new single family home shall be no greater than 5,000 square feet. The maximum height shall be 25 feet. 4. No further development shall occur on Lot 2, Moses Lot Split outside of the building envelope approved by Resolution No. 017, Series of2006. 5. All the required parking shall be provided on-site. There shall be no parking on Aspen Alps Road. 6. Prior to obtaining a building permit, the applicant shall provide a housing mitigation fee pursuant to Section 26.470.040 (B)1. 7. An approved tree permit from the Parks Department will be required before any demolition or significant property changes take place. The tree permit must be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or adjacent to the site. Any excavation under the drip line permit will need to be approved along with the tree permit. 8. Prior to obtaining a building permit, the applicant shall submit an engineering assessment of S. Alps Road, specifically regarding the load-bearing capability of the road in relation to the use of heavy construction equipment and emergency response apparatus, to be reviewed and accepted by the City Engineer. 9. The building permit application shall include 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) An Excavation Stabilization Plan that will show the extent of the excavation, the location of constriction fences around the excavation, erosion control measures, spot elevations at the top and bottom of cuts, and site-specific construction drawings of the the excavation and stabilization measures. The Excavation Stabilization Plan must be \ 1\\111 \\111 \\1111 \\II 11\\\ \1\11 1\\1\\1 III \\11\ 11\1 1\\1 ::~~ ~;~~1 ;2.2: JRNICE K VQS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 stamped by a Colorado Professional Engineer. For all excavation, the Contractor must comply with neighbor notification requirements stated in Section 3307 of the 2003 International Building Code. d) A Site Grading Plan stamped by a Colorado Professional Engineer, to ensure that the grading plan agrees with the drainage plan. Plans must demonstrate positive drainage away from structures as required by the Building Code (IRC - R401.3 and mc - 1805.3.4). e) A Drainage and Erosion Control Plan and Report stamped by a Colorado Professional Engineer. On-site drainage is to be designed in accordance with the City of Aspen Engineering Design and Construction Standards. IBC Section 3307.1 requires that provisions be made to control erosion. The City requires a plan that shows the location of erosion control measures, drainage patterns, and details of erosion control structures. The plan must include notes that describe how erosion control measures will be regularly maintained. The erosion control plan must show the location of mud racks, the location of water for washing tires and the retention of the wash water. f) A letter from a registered professional engineer addressing the applicable geotechnical concerns of the letter by consulting geologist Nicholas Lampiris submitted as Exhibit C, and referenced in Condition 2 of the Planning Zoning Commission Resolution No. 92-6. This letter shall be accepted by the City Engineer. g) The soils and foundation report submitted as part of the land use application, from CTLlThompson, shall be reviewed and accepted by the City Engineer. h) A detailed landscaping plan for approval by the City of Aspen Parks Department. The landscaping plan shall include but not be limited to, the following: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or hislher designee before any construction activities are to commence. Root trenching will be required around all trees with excavation next to and/or under the drip line. Specific excavation techniques will be required for the excavation along the back of the property. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. 11\\\ II \\\111111\ 1 111111 \\\III II III ::~~~~~1 ;22: JANICE K vas CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 A vegetation fence shall be installed along the edge of disturbance on the hillside. This protection fence must be maintained at all times; storage of materials, project access, construction foot traffic is prohibited beyond this fence. Restoration of the area along the fence line will be of native quality and approved by the Parks Department. Supplemental planting in the native area is prohibited unless first approved. Utility connections shall be designed on the plan in a manner that does not encroach into the tree protection zones. The landscape plan shall include four (4) blue spruce at a height of approximately 20 feet, to be located on Aspen Alps property to the north of Lot 2; four to six (4-6) Engelmann spruce to be located to the north of the building envelope on Lot 2; and the preservation of aspen trees to the north ofthe building envelope to the greatest extent possible, as per the agreement between the applicant and Aspen Alps. i) 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 may also need to be installed at the discretion of the Aspen Fire Marshal. j) A wildfire mitigation plan shall be submitted. This plan shall be accepted by the Fire Marshall. k) A completed tap permit for service with the Aspen Consolidated Sanitation District. I) 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 parked in the area around the site. m) A letter from the primary contractor to the Community Development Director stating that the conditions of approval have been read and nnderstood. n) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 10. The applicant shall comply with all applicable city regulations addressing wood burning devices in the new residential unit. 525351 Page: 4 of 6 06/16/200602.2: JANICE K VOS CAUDILL PITKIN COUNTY CO R 31.00 0 0.00 11. All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 12. 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 2: 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. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this resolution, 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, 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 2, Moses Lot Split, by Resolution No. 017, Series of 2006, of the Aspen Planning and Zoning Commission. Section 3: 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. Section 4: 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 5: 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 o 0.00 be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of May, 2006. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: g=--- ~ )~ Ci 'Attorney V-- ATTEST: 1111111111111111 111111 ~~~~~~~1:2 2: Ji=lNICE K vas Cr:lUDILL PITKIN COUNTY CO R 31.00 0 0.00