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Town Council Ordinance 07 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 7 SERIES OF 2010 AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30%) WITHIN LOT 1, RODEO PLACE SUBDIVISION. WHEREAS, Town Council Resolution No. 39, Series of 2006 ("Resolution 39"), granted approval for the Rodeo Place Subdivision for the purpose of creating affordable housing units on approximately 8.5 acres within Tract A of the Entryway Subdivision; and WHEREAS, Lot 1, Rodeo Place Subdivision ("Lot 1 ") was permitted to be platted as part of the overall subdivision but was to remain undeveloped until more site-specific geotechnical and architectural plans were submitted and approved by Town Council; and WHEREAS, Town Council Ordinance No. 14, Series of 2006 ("Ordinance 14") granted conditional approval for development to occur involving thirty percent (30%) slope areas within Rodeo Place Subdivision; and WHEREAS, said Ordinance specified that future residential development on Lot 1 would require that the Town Council, by an affirmative vote of at least three-quarters (3/%) of its members present and voting, approve the development proposal; and WHEREAS, Coburn Development, Inc., on behalf of the Town, has submitted a development proposal to construct two (2) duplex units within Lot 1; and WHEREAS, said proposal will involve development within thirty percent (30%) slope areas; and WHEREAS, Section 16A -4-50(d)(4) of the current Municipal Code enables Town Council to authorize development on slopes greater than thirty percent (30%) in circumstances such as those presented by the topographic information and development proposal if at least three- quarters (3%) of the members of Town Council present and voting approve an ordinance finding that: a) the development is unable to avoid the steep slopes, and the reasons therefore; and b) on the basis of competent engineering or geologic reports and data and testimony received, the design and/or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare; and WHEREAS, Town Council has considered the Applicants written responses to Section 16A -4-50(a) and the site/slope stability analysis from Hepworth-Pawlak Geotechnical, Inc. (Job No. 108 037D); and WHEREAS, Town Council finds that the procedure and requirements set forth in Section 16A -4-50(d)(4) of the Municipal Code have been satisfied regarding development in those areas containing slopes greater than thirty percent (30%) within Lot 1, in that: The duplex residential buildings are unable to avoid the steep slopes for the reasons stated within Exhibit "B"; and 10-07 Ord Page 2 2. The design and construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare; and WHEREAS, Town Council further finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by Town Council of the Town of Snowmass Village, as follows: 1. Authorization. Town Council, by an affirmative vote of at least three-quarters (%) of its members present and voting, hereby authorize development on Lot 1, as shown on Exhibit "A", subject to the Applicant submitting with their Building Permit Application a soils report and specific engineered site and building design proposal, including an opinion from a professional geotechnical engineer licensed in Colorado stating that: a) the slope is not prone to instability or failure; or b) that the proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction. 2. Severability. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. INTRODUCED, READ AND APPROVED by Town Council of the Town of Snowmass Village at First Reading on March 1, 2010 upon a motion by Council Member Mordkin, the second of Council Member Wilkinson, and upon a vote of 5 in favor and 0 against. READ, AMENDED AND ADOPTED by Town Council of the Town of Snowmass Village at Second Reading on March 15, 2010 upon a motion by Council Member Lewis, the second of Council Member Mordkin, and upon a vote of 5 in favor and 0 against. Z_'� Z P� i'Eni Rhonda B. Coxon, Town Clerk AP:TD VED S TO FORM: �C John C. Dresser, Jr., T n ttorney TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor Exhibit "A" TC Ordinance No. 7, Series of 2010 (Page 1 of 3) Exhibit "A'$ TC Ordinance No. 7, Series of 2010 (Page 2 of 3) Qy� I I I ov \ V 1 / NO r 11 I I I I I I } I \ '•.\ \ \ \ \ '}1 , 'J•;,I �� }`'x.11 � 1 -i�.,..Jo.-�1 - 1 - -i ..../1 - _ � \ 1 I I I �'J I1\• I��. � � I�����%� (r _� }� I I i I � �, 1`:�II 1 1 1 1 1 1 1 1} I} �I ;,�,r,"„_..�........_...• / 'd I 1 I I I! i •°' i } '�, 1 1 1 1 1 1 1 }....L, r•— ,`„r�* � ., I I I I! I I I I I/ I I I Iasi I I Iii °I I I q 'A' 'I I I 1 •� ' I, �/I I I f � ,� �� j ft 1 I I( I 'T., I I w� _ x. A�.t Exhibit "A" TC Ordinance No. 7, Series of 2010 (Page 3 of 3) Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 1 of 4) Written Description: Rodeo Place Lot 1, Application for Town Council Authorization to Develop in a Geologic Hazard Zone, Slopes Greater than 30% Grade This is an application for Town Council approval to develop in areas of Lot 1 of the Rodeo Place Subdivision that have topography with slopes greater than 30% grade. This platted lot was included as part of the Final Plat approved by Town Council Resolution 39, Series 2006. The following language was included in the Resolution: "Lot 1 may be platted as part of the overall subdivision, yet it shall remain undeveloped at this time or until more site-specific geotechnical and architectural plans are submitted and approved by Town Council," This application contains the architectural plans and geotechnical reports intended to define the development intent for this lot and the Geotechnical Engineer's assessment that the site is suitable for development. Per section 16A-4-50 (d) 4. of the Land Use Code, we are requesting that permission be granted due to "Other Circumstances", as follows : The development of Lot 1 is necessary for the Owner (The Town of Snowmass Village) to attain the highest and best use of the site considering the overall objectives of the approved subdivision and the conditions included in the in the approval Resolution, The development potential of this site is a critical and limited resource in the Town's policy objective to deliver affordable housing to the community, The subdivision was approved for 29 units which can only be achieved if Lot 1 is developed to the fullest extent possible. - Development located on Lot 1 cannot avoid areas with greater than 30% slope due to the fact that approximately 60% of the lot area and 42% of the approved building envelope area of the lot are comprised of land with slopes of greater than 30%. There is not adequate space on the lot to avoid development on land areas with greater than 30% slopes. Primary reasons for the development of Lot 1 are as follows: a. The overall development potential of the Rodeo Place Subdivision was already significantly reduced during the subdivision review and approval process with reductions in the permitted FAR and height limits allowed in the MF zone district, These restrictions were imposed in an effort to mitigate adverse impacts to the neighboring community, b. Lot 1 was platted for development because its location is such that its development will minimize impact on the surrounding area. It is an ideal location to add density within the subdivision as it does not add traffic load to the internal road structure of Rodeo Place because it is located at the entrance to the subdivision. c. Lot 1 is shielded from the surrounding neighbor's view corridors by the existing topography. Coburn Development, Inc 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303442-3351 www coburndev com Rodeo Place Subdivision Last edd: 9/15/20094 Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 2 of 4) d. Prior to the platting of Lot I an existing dwelling unit was located on this property. This structure was demolished at the time of infrastructure construction in anticipation of the development of this parcel. e. The access infrastructure for this lot is already in place. The Applicant acknowledges the purpose of Sec. 16A-4-50. Geologic hazard areas, steep slopes and ridgeline protection areas, This application requests that the following mitigating circumstances and measures be considered during review: - The conclusions of the Geotechnical Engineer's Slope Stability Assessment indicate that the site is suitable for development. The. anticipated construction techniques utilized in the construction of the Lot 1 development have been selected to be appropriate for steep slope development and are as follows: a. The majority of the earth retaining required to construct on this lot will be accomplished by the foundations of the proposed buildings. This method will provide a similar result to the construction on Lot 2 of rodeo place where minimal retaining walls are visible in the finished result (see below) Existing development on Lot 2 of Rodeo Place is built into the hillside b. The anticipated cut required for the foundation excavation will be a maximum of 21' deep as illustrated in the Excavation Study on Drawing GPI. There are two methods being considered to facilitate the excavation and provide for life safety during construction: Option 1: Soil nailed retaining wall placed at the vertical cut of the excavation. This is the method used on Lot 2. It is the more costly option and results in the minimum amount of disruption of native plants on the site, This would require a Coburn Development, Inc. 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303-442-3351 www,cobumdev oom Rodeo Place Subdivision Last edit 9115/20095 Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 3 of 4) less substantial concrete foundation as retaining is accomplished by the soil nailing. This is the default approach given our current understanding of conditions at the site. Option 2: Excavation with over -dig to avoid slope failure during construction. The existing sub -grade has proven to be very stable on this site and if the geotechnical engineer observes suitable conditions on site this may be an option. This is significantly less expensive than the soil nailing option. However, this increases the amount of disruption of natural vegetation. This also requires a more substantial foundation system as all retaining is accomplished by the foundation system. The applicant is requesting permission to utilize this method if it proves to be the more cost effective option - The proposed approach to compliance with Section 16A-4-320 (a) Landscaping Standards, shall be as follows a. To comply with paragraph (1) existing vegetation will be preserved to the greatest extent possible. However, some existing trees will need to be removed within the building envelope. The applicant is also requesting permission to remove an existing 18" dia. evergreen tree in the right of way. While this tree does not obstruct development of the site, planting of a new tree in this location would be prohibited due to its proximity to the travelled way and it is a potential obstacle for maintenance of the right of way, All trees proposed to be removed are located outside of the 30% slope areas of the parcel. b. To comply with paragraph (2) all landscaped areas of the site, with the exception of the limited sod areas in front of the individual dwelling units, will be replanted with native grass mixes to provide slope stability, New trees will be planted at the lower portion of the site to replace those removed to facilitate construction. The native plants on the sloped portion of the site consist of mixture of native grasses, sagebrush and other small shrubs. The grade on the uphill portion of the site has an eroded surface with little or no topsoil. Excerpts from the Project Manual for Rodeo Place Housing, Phase 2, detailing the requirements for installation of landscaping have been attached to this application. Secured jute netting will be provided at all steep slope areas as specified to prevent erosion. With the exception of the limited sod areas, no permanent irrigation is required for this landscape design. c. To comply with paragraph (3) all areas of the site will either be left undisturbed or replanted per the requirements of the landscape plans and specifications. - The proposed approach to compliance with Section 16A-4-320 (b) Grading Standards, shall be as follows: a. Regarding paragraph (1) mass grading is not anticipated. All site grading shall be accomplished within the scope of work required for the excavation of the foundation and utilities. Coburn Development, Inc.1811 Pearl Street, Boulder. CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303-442-3351 www coburndev com Rodeo Place Subdivision Last edit: 9115110096 Exhibit "B" TC Ordinance No. 7, Series of 2010 (Page 4 of 4) b. Regarding paragraph (2), Limitations on site disturbance, the applicant is proposing the following approach, The platted building envelope is constrained to the anticipated building form to limit the bulk of any potential development at the site. Some disturbance of the site outside of the building envelope will be needed to excavate for the foundation and install the required underground foundation drain utility on the outside of the foundation walls. Re -grading of the site will be limited to these areas of excavation as detailed on the attached grading plan. In general, changes to the existing topography will be limited to areas behind the building and to the areas on either side of the building as required to facilitate drainage. c. To comply with paragraph (3) the building envelope will be marked during construction Cl. To comply with paragraph (4) all disturbed areas will be restored. e. To comply with paragraph (5) the design shall fit into the existing topography as described in the preceding sections of this . Concurrent to this application, the Owner is also applying for a Minor Amendment to the Final Plat of the Rodeo Place subdivision that will allow for the construction of two duplex buildings on Lot 1 in place of the triplex building anticipated in the approved Final Plat of Rodeo Place. This change has been requested for the following reasons: a. The subdivision was approved for 29 units. Dwelling units were deleted from other areas of the site to improve the view from neighboring subdivisions. The addition of this unit to Lot 1 allows for the development of the approved number of units in the subdivision. The location and topography of Lot 1 accomplishes this goal with minimal impact to the neighbors. b. Providing two smaller structures on Lot 1 simplifies the site drainage design and reduces the amount of site disturbance required to complete the development. c. The reduced scale of two smaller structures reduces the visual impact of development on this parcel. Coburn Development, Inc 1811 Pearl Street, Boulder, CO 80302 Application for Authorization to Develop in a Geologic Hazard Area 303-442-3351 www coburndev corn Rodeo Place Subdivision Last edit 9/15/20097