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Home My WebLink Aboutordinance.council.021-09RECEPTION#: 565072, 12/07/2009 at RECEPTION#: 564852, 12/01/2009 at 03:43:34 PM, 10:52:28 AM, ~ OF 9, R $46.00 Doc Code ORDINANCE 1 OF 7, R $36.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO Imo" Ordinance No. 21 Janice K. Vos Caudill, Pitkin County, CO ~ SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING CONSOLIDATED PUD REVIEW, AMMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP, AND GROWTH MANAGEMENT REVIEW FOR AND ESSENTIAL PUBLIC FACILITY FOR THE RED BUTTE CEMETERY, LOCATED AT 808 CEMETERY LANE, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel No. 2735-12-2-00-851 WHEREAS, the City of Aspen Historic Preservation Commission reviewed a Major Development (Conceptual) application from the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services and Graeme Means, Architect, for the construction of a new maintenance building at Red Butte Cemetery, located at 808 Cemetery Lane, a parcel of land located in Sections 1 and 12, Township 10 South, Range 85 West of the 6`h P.m., City and Townsite of Aspen; and, WHEREAS, at their regular meeting on December 10, 2008 (after opening and continuing the public hearing on this matter on January 9, 2008, February 27, 2008, and June 11, 2008) the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City'of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote q""" of 5 to 0 under Resolution No. 30, Series of 2008; and, WHEREAS, the Applicant held apre-application conference with Community Development staff; and, WHEREAS, the Applicant submitted an application for Conditional Use Review, Consolidated PUD Review, Amendment to the Official Zone District Map, and Grow[h Management for Essential Public Facilities; and, WHEREAS, a Development Review Committee (DRC) meeting was held with the Applicant on June, 24`h 2009 and comments and recommendations were gathered from the City of Aspen Parks, Engineering, and Building departments, along with comments from the Aspen Consolidated Sanitation District; and, WHEREAS, the approval recommendations from the referral departments have been added to this ordinance; and, WHEREAS, a publicly noticed site visit was held on July l5`~, 2009; and, WHEREAS, prior to applying for Consolidated PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval the Applicant received Conditional Use approval and recommendations for Consolidated Ordinance No 21, Series 2009 Page 1 of 7 PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval from the Planning and Zoning Commission for a ~. maintenance facility of 1,280 sq. fr. and restoration of a Victorian-era cabin and outhouse via Resolution No. 11, Series of 2009; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Consolidated PUD, Amendment to the Official Zone District map, and Growth Management for an Essential Public Facility approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed requests; and, WHEREAS, during a duly noticed public hearing on October 26`h, the City Council took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, Planning and Zoning Commission, and considered the development proposal under the applicable provisions of the Municipal Code as identiSed herein; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Consolidated PUD Review, Amendment to the Official "Lone District Map, and Growth Management Review for an Essential Public Facility to City Council, based on the following conditions. a) The Red Butte Cemetery Association shall develop an ongoing management strategy in coordination with the City of Aspen Parks Department for the vegetation on site, specifically the cottonwoods. This applies both to existing conditions on the southern portion of the property and the planned expansion northward. The expansion should be generally consistent with the existing character and pattern of the vegetation and grid system found in the southern portion of the cemetery. Ordinance No 21, Series 2009 Page 2 of 7 b) Storage of heavy equipment shall be within the activity envelope displayed on the site plan. This shall not apply to any easement agreements on the cemetery that provide for equipment to work on the property. c) Heavy equipment or trucks with diesel engines shall be plugged in for engine heat for at least 12 hours prior to starting during winter months when temperatures are below 40 degrees Fahrenheit. d) A five foot setback from the top of bank (as marked on survey by Aspen Survey Engineers) shall be provided for all development within the Activity Envelope except for that area of approximately 35 feet adjacent to the spoils cribs as indicated on the Activity Envelope Plan. In the area of this exclusion, there shall be a boulder retaining wall to protect the edge of bank similar to that shown in Exhibit A. e) The number of employees generated is determined to be one (1) for the existing use. An employee audit by the Red Butte Cemetery Association shall occur no later than two (2) years after a Certificate of Occupancy has been issued. fl The maintenance facility shall not be used as a living unit or as a place to sleep overnight. g) Operation of the maintenance facility shall coincide with daylight hours, excluding emergencies and work undertaken by beneficiaries of any easements upon the cemetery property. h) The use of the maintenance facility and work yard shall be limited solely for cemetery operations. i) Prior to submitting an application for a building permit, the Applicant shall record the final PUD plan, including a site plan and architectural elevations of the proposed development. The Applicant does not plan to file an agreement with the City of Aspen. Section 2: BuildinH Permit Aaalication The building permit application shall include the following: a) A copy of the final recorded Ordinance. b) The conditions of approval printed on the cover page of the building permit set. c) If required, a 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. Stormwater from impervious surfaces shall be detained on site. Ordinance No 21, Series 2009 Page 3 of 7 ~_, d) As applicable, an excavation stabilization plan, construction management plan (CMP), top of bank and stability of hillside plan, tree protection plan and drainage and soils reports pursuant to the Building Department's requirements. The requirement for a tree protection plan is intended to solely address any trees and their drip line areas that would be affected by construction activities, including protection (such as designated construction routes and temporary fencing) that will be necessary to minimize the impacts on existing trees from construction traffic. The tree protection plan is in no way intended to limit regular cemetery operations, including burial activities and normal traffic associated with the operation of the cemetery. e) As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f) As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g) Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements Any development on the site shall adhere to the dimensional requirements established in "° " the adopted PUD. The Council adopts the following standards TABLEI DIMENSIONAL REQUIREMENTS FOR THE RED BUTTE CEMETERY PUD* Requirement Proposed Conditions Minimum Lot Size 16.8 acres Minimum Lot Area Per Dwelling Unit Not applicable. Minimum Lot Width The cemetery is a minimum of 1,275 feet wide. Minimum Front Yard Maintenance facility: 340 feet The Victorian cabin: 390 feet Minimum Side Yard Maintenance facility: 170 feet Victorian cabin: I S feet Minimum Rear Yard Maintenance facility: 165 feet Victorian cabin: 130 feet Maximum Height Maintenance facility: A maximum of 20 feet to the peak of the roof. Minimum Distance Between Buildings on the Lot Victorian cabin: will have a minimum of 10' from the outhouse. Urdmance No 11, Series 1UU9 Page 4 of 7 (Table 1 Continued) Minimum Percent of Open Space A minimum of 95% of the site Maximum External Floor Area Ratio Maintenance building: 1,300 sq. ft. of floor area. Victorian cabin and outhouse: combined maximum of 275 sq. ft. of floor area. Notes: See Exhibit 2 which identifies which property boundaries are the front, side and rear yards. Setbacks are measured from building facades, not the envelopes. * Dimensional requirements shall also be memorialized through site plan and elevations and take precedence over TABLE if there are any differences. Section 4: Engineerin¢ Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Fire MitiEation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Water Department Requirements The Applicant 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. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The ACSD also requests that both options for connecting available sewer lines to the maintenance facility be shown on the proposed plans. Section 8: Exterior LiehtinQ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting for both Residential and Non-residential lighting standards. If there is a conflict between the two regulations, the more restrictive shall apply. Section 9: Vested Property Rights Extension This approval grants an extended period of vested property rights by two (2) years, thus allotting a total of five (5) years for the site specific development plan. A condition of this extension requires that within one (1) year of the date of issuance of a building permit for construction of the maintenance facility, the applicant shall have substantially completed the construction of the facility and shall have requested the issuance of a certificate of occupancy for the facility from the City. Associated landscaping and site Ordinance No 21, Series 2009 Page 5 of 7 work within the designated activity envelope shall be substantially completed no later ,,, ,, than the next planting season after completion of construction. Section 10: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section I1: Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 12: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the Ciry of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 13: 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 14: This ordinance 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 15: If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of November, 2009. Ordinance No 21, Series 2009 Page 6 of 7 .~~ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of November, 2009. Attest: Kathryn S. ,City Clerk 9 FINALLY, adopted, passed and approved this ` day of i~,e~no9. Attest: c.~ Kathryn och ity Clerk ~,.., ~., Approved as to form: -City Attorney List of Exhibits Exhibit 1: Diagram of Barrier Wall Exhibit 2: Site plan ~^ Ordinance No 21, Series 2009 Page ~ of 7 FX H~~~f .h d ' I I I I ~ . n t ~ ~ I~ R ~ ~ ~ ~r c 1 iz ~ ~ ~ I p e I ~ ~w o i ~ U j o r I ,,_~ . N ¢ L ~ _.. .. / ~ i° R 0 y]F I• 3 i fi <~:.' a i ~ I ~~~ ~~~ ~P~ Nr ~~ xP ~~+ r_ c ~ ..g ~ 1 ~' ` ~ z i d r h~ ~~ my~ v J o =y E ~ ~ p S' ~ n { o P P r F O ~`o P ~ Z P a z~~o } 3 ®~ y\~~a fl ~ipt ~b z i P; ~ P ~ k ~ ~~~ ~° ..r €RN1B tT ~n«.. N O _0 CD C~ ,.. I,,,.e..,~ sl=. _a O C1 C7 ----- ~~ ~ , ----- - -- - .~~ ~- - -,,-r' --- 0 ~. ur...~~..~..~ ~j C'~ 0 ~ [~ ~. [~I1I{I N ~~ ~ ~I ~ Z \ ~ ° y \ 0 o u 6 ] i y. 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