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Home My WebLink Aboutresolution.apz.02-2018 RECEPTION#: 645634, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 0 310,512018 at 02:13:32 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 2 (SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE DETERMINATION,A STREAM MARGIN REVIEW AND A RESIDENTIAL DESIGN STANDARD VARIATION FOR A PROPERTY LOCATED LOT 13, BLACK BIRCH ESTATES SUDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244, COMMONLY KNOWN AS 1130 BLACK BIRCH DRIVE. Parcel No. 2735-013-07-009 WHEREAS, the Community Development Department received an application from Beth Held at Forum Phi Architecture LLC, on behalf of Riverfront Fork LLC, requesting Special Review approval for an alternative Top of Slope Determination, Stream Margin Review, and Residential Design Standard Variation for the property at 1 130 Black.Birch Drive; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the City of Aspen Engineering Department provided consultation to the applicant and approved the proposed alternative Top of Slope; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for an alternative Top of Slope, Stream Margin Review, and denial of a Residential Design Standard Variation; and, . WHEREAS, the City of 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 on February 20,2018; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; 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; and, WHEREAS, the Planning and Zoning Commission approved Resolution #2, Series of 2018, by a three to zero (3 - 0) vote, granting approval of Special Review, Stream Margin, and Residential Design Standard Variation as identified herein. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review for Top of Slope Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an alternative top of slope determination via Special Review as identified in the attached Exhibit A. The applicant shall submit a Site Improvement Survey/Plat for the City of Aspen Review and approval depicting the approved Top of Slope within 180 days of this approval. Section 2: Stream Margin Review 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 with the following conditions of approval: A. Engineering Conditions of Approval 1. All vegetation below the 15' top of slope setback must be replaced with native vegetation. 2. Any excavation below the 15' top of slope,setback must be performed by hand. 3. All stormwater runoff must be captured and treated outside of the 15' Top of Slope setback. 4. Ditch must be lined with bentonite liner. Details to be provided at Building Permit submittal. B. Parks Conditions of Approval 1. No machinery, storage of material, foot or vehicle traffic allowed below 15' top of slope setback. 2. Fencing at the 15' Top of Slope Setback is required prior to any demolition and throughout the project until the revegetation process commences. 3. Any roots over two (2) inches will require inspection and approval sof City Forrester before cutting. 4. Air Spading required around perimeter of excavation. Section 3: Residential Design Standard Variation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for a Residential Design Standard Variation for Section 26.410.030.E.2, Window Placement to allow for a twelve (12) foot tall window on the front most street facing fapade, or west elevation, of the proposed development. Section 4• This approval does not exempt the project from compliance with applicable zoning, building, or any other applicable code regulations within the City of Aspen's Municipal Code. The applicant must submit a building permit application demonstrating compliance with all applicable codes prior to any development on site. Section 5: 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 site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 6• 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 7• 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 Commission at its meeting on February 20, 2018. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: im True, City Attomey Ski 10 � es Ch ' ' AT +ST: A161 Linda Manning, City Clerk Attachments: Exhibit A: Site Improvement Survey/Plat Identifying Alternative Top of Slope ! e [ lA �• � k'1I 8 IN ]FE� i'1 !�� P t `[` e' Pf lit S tF ifi t iceE 5:�[.1[! �6 X45 S � �i bi �. > e� e{:{ve t EAe p e; :�! .y i z 1 �.LI,I !y 14f�'StE!• ,.... �� s=_ A _•. a �9 S• lfC s E;i Es I I � E: ?�i[? ga � .€ s=:s �rti 1:] E� � F to ��! v [ [ e n e ��. �4 Eap�l�!�• ��1� �_ ��_ -rl 1. x i - .•3 P! i 3 i! E 4Fp f�z •�E� ��1•II .F till�pt!F!j ( 7 s tt .! ! 1;qq i EE _I i I a �] Ifii 3 i [E(� t.,.• t €t pvE�iaef 6 F F t \ g6 [ e odPue 1 U 00 0 C2 0 0 at 4 1 81 rA Y � Z � •( i Oxb':E: 9apA F; \`'7pl�d',� tpE . _ AakI Ifkv Atli it �e• ''t'.--rte / .%/ �7�.r � './` ��¢� 6 ` Apl�/ ./•/H � �� B iil