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Home My WebLink Aboutresolution.apz.007-09RESOLUTION N0. 007, (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION GRANTING APPROVING THE REZONING FROM S/C/I (SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY RESIDENTIAL) FOR A PORTION OF LOT 4, TRUEMAN NEIGHBORHOOD PROJECT PROPERTY LOCATED NORTH OF LOTS K AND L OF BLOCK 71, ORIGINAL ASPEN TOWNSITE, LOCATED AT 222 E. HALLAM STREET, CITY AND TOWNSITE OF ASPEN, PTIKIN COUNTY, COLORADO PARCEL ID: 2737-073-14-002 WHEREAS, the Community Development Department received an application from Joseph A Amato, represented by Stan Clauson Associates, Inc, requesting the removal of a Specially Planned Area (SPA) designation, a rezoning, and the creation of a Planned Unit Development (PUD) for the property located north of Lot K & Lot L, Block 71, Original Townsite of Aspen, commonly known as 222 E. Hallam Street in the City of Aspen; and WHEREAS, the Community Development Department reviewed the application for compliance with the Review Standards and has reviewed the subject property and finds it the be the property described by Pitkin County, Colorado District Court; and WHEREAS, the City Engineer, City Zoning Officer, the Parks Department, the City Attorney, the Transportation Department, Public Works, and the Aspen Fire Department reviewed the rezoning proposal for 222 East Hallam Street and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Department recommended approval of the removal of a Specially Planned Area (SPA) designation, the rezoning, and the creation of a Planned Unit Development (PUD); and WHEREAS, during a duly noticed public hearing on April 21, 2009, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. 007, Series of 2009 by a three to one (3 - 1) vote; and, WHEREAS, the 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, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all the applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Cormunity Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Rescinding an SPA Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval rescinding the SPA designation on the property located at 222 East Hallam Street, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Rezoning Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of an application to rezone from S/C/I (Service/Commercial/Industrial) to R-6 (Medium Density Residential) the property located at 222 East Hallam Street, City and Townsite of Aspen, Pitkin County, Colorado. Section 3: PUD Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of an application to establish a PUD on the property located at 222 East Hallam, City and Townsite of Aspen, Pitkin County, Colorado. The PUD dimensional requirements are based on the R-6 zone district. Any dimensional requirements not listed below will be required to conform with the R-6 zone district, as amended from time to time. The dimensional requirements are: R-6 Dimensional Proposed Dimensional Underlying Zone District Dimensional Requirement Requirements Re uirements R-6 Minimum Front Yard Principal building: ] 0 feet. Principal building: 10 feet Setback Accessory building: 15 feet Accessor building: 15 feet Combined: 15 feet 5 feet on western property Combined: 51.45 feet, Minimum Side Yard Setback line minimum of 15 feet on ] 0 feet on eastern property each side yazd line 10 feet from top of slope Principal building: l Ofeet (`82' contour line), or Portion of a principal Minimum Rear Yard Setback approximately 42 feet from building used solely as a rear property line garage: Sfeet Accesso buildin : 5 feet Single-Family: 3,866 sq. ft. Single-family: 3,866 sq. ft. Allowable Floor Area Duplex: 4,286 sq. ft. Duplex: 4,286 sq. ft. Prior to the recordation of a PUD Agreement, the Applicant and City shall execute a Conservation Easement for the portion of the property from the Top of Slope (the `82' contour line) to the rear property line. No building or building projections shall be permitted in the easement. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze 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 5• 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 ordipances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: 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 the 21s` day of April, 2009. APPROVED AS TO FORM: ~- - im True, Special Counsel PLANN[ lG ZONING COMMISSION: / M~..~`- LJ Ersp er, Chair ATTEST: GCRi ckie Lothian, Deputy City Clerk