HomeMy WebLinkAboutresolution.apz.009-07
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING RESIDENTIAL DESIGN V ARANCES, A PUD OTHER
AMENDMENT, AND AN 8040 GREENLINE REVIEW FOR 1001 UTE AVENUE,
LEGALLY DESCRIBED AS MINE, 1741 MINE NAME: ONE THOUSAND ONE
PERCENT: 100 ACRES: 0 DESC: ALL SURFACE & MINERAL RIGHTS DESC:
SECTION 18-10-84 WEST OF THE 6TH, CITY OF ASPEN, PITKIN COUNTY,
COLORADO
PARCEL NO. 2737-182-000-63
Resolution #07 - 9
WHEREAS, the Community Development Department received an application
from Ute Mesa, LLC, represented by Glenn Horn of Davis Horn Inc., and Jack Miller of
Miller and Associates, for a variance from the residential design standards for secondary
mass; a PUD Other Amendment for building on a lot line and to permit the transfer of
three-hundred and seventy-eight (378) square feet from Lot 2 to Lot I; and an 8040
Greenline Review; and,
WHEREAS, the subject property is zoned R-15 PUD; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended denial of the 8040 Greenline
Review and Residential Design Standard variance, and recommended approval of the
PUD Other Amendment; and,
WHEREAS, the all references in the application to Ute Mesa PUD or Ute Mesa
Subdivision shall be construed to mean 1001 Ute Avenue; and,
WHEREAS, during a duly noticed public hearing on April 3, 2007, the Planning
and Zoning Commission approved Resolution No.9, Series of 2007, by a four to one (4-1)
vote, approving a variance to the residential design standards for secondary mass;
approving an "8040 Greenline Review"; and, approving a PUD Amendment; 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 Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves a variance to the
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Residential Design Standards for secondary mass, an "8040 Oreenline Review," and a
PUD Other Amendment; on the property located at 1001 Ute Ave, City of Aspen, Pitkin
County, Colorado.
Section 2:
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 3: Buildine Permit Application
The building permit application shall include the following:
a. A copy of the final P&Z Resolution.
b. A Construction Management Plan approved by the City Engineering Department.
The plan shall outline how construction shall address, and minimize the negative
impacts of, potentially hazard materials on-site.
c. An Access and Infrastructure Plan
d. A fugitive dust control plan
e. A detailed grading and drainage plan to be reviewed by the Community
Development Engineer. Soil from the site will be tested for 8-heavy metals as
defined by the Resource Conservation and Recovery Act (RCRA) standard. To
determine leachability of the metals, a Toxicity Characteristic Leaching Procedure
(TCLP) test will be performed on all 8-heavy metals. As well as TCLP analysis,
total concentrations of the 8-heavy metals will also be determined.
f. A landscaping plan detailing landscape improvements associated with the
avalanche walls
Section 4: PUD Other Amendment for Allowable Floor Area
The total allowed external Floor Area on Lots I and 2 shall be limited to 10,080 square feet,
pursuant to the PUD approval in Ordinance 24, Series 2006. A PUD Other Amendment is
hereby granted that transfers three-hundred and seventy-eight (378) square feet from Lot 2
to Lot I, and therefore assigns 5,418 square feet of Floor Area to Lot I, and 4,662 square
feet of Floor Area to Lot 2.
Floor Area shall be calculated based on the City land use code methodology in effect on
August 14, 2006, the date of passage for Ordinance 24, Series 2006. Pursuant to the PUD
approval, 1,400 square feet of Floor Area is allocated for the development of a "for sale"
Category 4 affordable housing unit on Lot 3.
Section 5: PUD Other Amendment for Development Alone a Lot Line
A PUD Other Amendment is hereby granted, which permits below grade structures to be
built with a zero minimum side yard set back along the shared lot line of Lot I and Lot 2.
This shall allow for the development of a structure to accommodate the proposed sub-
grade parking garage, basement, and driveway, pursuant to plans submitted December
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29,2006 and representations made at the April 3, 2007 Planning and Zoning Commission
meeting. The only part of the two structures permitted to share a common wall shall be
the sub-grade structures. A minimum distance of twenty (20) feet shall be required
between the two dwellings above grade.
Section 6: Residential Desil!:D
The two (2) single-family residences and the one (1) affordable housing unit shall be
required to meet the applicable City of Aspen Residential Design Standards pursuant to
Land Use Code Section 26.410, Residential Design Standards.
A variance is granted from the Residential Design Standards requirement for the two (2)
free-market single-family residential structures that ten (10) percent of the mass be located
in a secondary mass (Land Use Code Section 26.410.040(8)(1 )).
Section 7: Massine Controls
Pursuant to PUD approvals received as part of Ordinance 24, Series 2006, the following
shall apply to the two (2) free-market single-family residential structures: the width of the
north-facing facades shall be limited to 120 feet; the overall ridge-height shall be limited to
twenty-seven (27) feet above finished grade; twenty (20) percent of the width of the front
facades shall be limited to a ridge height of twenty-two (22) feet above finished grade; and
non-reflective materials shall be used in construction of the structures.
Section 8: Fire Mitieation
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
subdivision/PUD. The water service line shall be sized appropriately to accommodate
the required Fire Sprinkler System. The residences to be designed and constructed within
the subdivisionlPUD shall meet the Colorado Defensible Space Standards.
Section 9: Landscapine
The Applicant shall install landscaping that is consistent with the landscaping plan that is
proposed in the application for screening of the retaining wall. The Applicant shall
receive a tree removal permit prior to the removal of any existing on-site trees. Further,
the Applicant shall work with the Parks Department
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.
The site shall be landscaped m the first fall or spnng after completion of the site
development.
Section 10: Toxic Soil Controls and 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: I) 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.
Soils identified as non-toxic in the RCRA test outlined above in Section 3. part e do
not fall under the toxic handling plan, and are not subject to the above enumerated
requirements.
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.
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 I foot of clean soil that contains less than 1,000 ppm
lead.
g. Any contaminated soil or mine waste rock that is either disturbed or exposed shall
be contained on the property such that runoff does not exit the property or
contaminate clean soils existing elsewhere on the property.
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Section 11: Mudflow Rockfall. and Avalanche Protection
A wall or berm at least four (4) feet in height that can withstand forces of at least two-
hundred (200) pounds per square foot shall be constructed in conjunction with development
on Lot I and Lot 2. The wall or berm shall protect the south-facing facades of the
development from rockfall and avalanche danger.
Section 12: Water Department Reeulations
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 13: Aspen Consolidated Sanitation District
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. Glycol heating and snowmelt system must be designed to prohibit and
discharge of glycol to any portion of the public and private sanitary sewer system. The
glycol storage areas must have approved containment facilities.
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. ACSD will review the approved Drainage plans to assure that clear water
connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary
sewer system. On-site utility plans require approval by ACSD.
All ACSD fees shall be paid prior to the issuance of a building permit.
Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint.
Where main sanitary sewer lines are required to serve this new development or the
existing publicly owned sewer system requires modification or adjustment, a line
extension request and collection system agreement are required. Easements for main
sewer lines to be dedicated to the district for future ownership and maintenance shall be
dedicated and conveyed to the district using standard district form and language.
Sectionl4:
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.
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Sectionl5:
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 16:
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 of the City of Aspen on this 3rd
day of April, 2007.
APPROVED AS TO FORM:
/J
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/ity Attorney
ATTEST:
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PLANNING AND ZONING
COMMISSION:
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Jackie LotJdan, Deputy City Clerk / C(J ~
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