HomeMy WebLinkAboutordinance.council.007-12 RECEPTION#: 587934, 04/03/2012 at
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Janice 11, R $61.00 Doc Code ORDINANCE
Jni K. Vos Caudill, Pitkin County, CO
ORDINANCE N0. 7
(SERIES OF 2012)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE LOT
SPLIT, REZONING,AND PLANNED UNIT DEVELOPMENT APPLICATION FOR 219
SOUTH THIRD STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID: 2735-124-65-005
WHEREAS, the Community Development Department received an application for the
property located at 217 and 219 South 3`d Street from Suzanne Foster representing YLP West,
LLC, owner, for the following land use review approvals:
• Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445.
• Lot Split Subdivision, pursuant to Land Use Code Chapter 26.480.030.
• Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310. ; and,
WHEREAS, the subject Property is commonly known as 217 and 219 South 3`d Street
and is legally described as:
Lots 0, P, Q, R, and S, Block 39, City and Townsite of Aspen, excepting
therefrom that portion of Lots 0, P, and Q that lies south of the northerly
boundary of a right of way described as a 17 foot strip of land being 8.5
feet on each side of a centerline of the Colorado Midland Railway right
of way and the southerly 25 feet of Lot R and S as described and shown
in deed and map recorded February 27, 1950 in Book 175 at Page 628.
WHEREAS, The application regards two properties: The "upper lot" is approximately
3,496 square feet, currently unimproved and bisected by the Midland Trail. The "lower lot" is
approximately 9,942 square feet and improved with two residences in a duplex configuration.
The applicant is requesting approval to split the lower lot into two development sites, each to
contain a single-family residence and to restrict the upper lot to open space. The application
requests Lot Split approval, Planned Unit Development approval, and rezoning approval to
rezone the property from R-15 to R-15-PUD.
WHEREAS, pursuant to Section 26.445.020, the Community Development Director
determined that the application has the ability to further goals of the Aspen Area Community
Plan and the provisions of Planned Unit Development best serve the interests of the community;
and,
WHEREAS, pursuant to Section 26.445.030.B.2, the Community Development Director
determined that the project could be reviewed as a consolidated conceptual and final review
finding that the full 4-step review would be redundant; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire
Protection District, Parks Department, Aspen/Pitkin County Housing Authority, and City
Utilities as a result of the Development Review Committee meeting; and,
Ordinance No. 7, Series 2012.
Page 1 of 11
WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Final PUD approval
• may be granted by the City Council at a duly noticed public hearing after considering
recommendations by the Planning and Zoning Commission, the Community Development
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Lot Split Subdivision
approval may be granted by the City Council at a duly noticed public hearing after considering
recommendations by the Community Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to the
Official Zone District Map (Rezoning) may be granted by the City Council at a duly noticed
public hearing after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, during a meeting on January 10, 2012, the Planning and. Zoning
Commission opened a duly noticed public hearing, considered the Application, received
presentation from the Applicant, considered the comments and recommendations of the
Community Development Director, considered comments and suggestions offered by members
of the public, considered questions and responses by staff or the Applicant, considered comments
and discussion by Commission members, and recommended, by a six to one (6-1) vote, City
Council deny the application; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, opened a duly
noticed public hearing, considered the Application, received presentation from the Applicant,
considered the comments and recommendations of the Community Development Director,
considered comments and recommendations from other members of City staff and referral
agencies, considered comments and recommendations of the City of Aspen Planning and Zoning
Commission, considered comments and suggestions offered by members of the public,
considered question responses by staff and the Applicant, considered comments and discussion
by fellow Council members; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all applicable development standards of all applicable land use reviews, as identified herein, with
conditions, and that the approval is consistent with the goals and elements of the 2000 Aspen Area
Community Plan; and,
WHEREAS, the Aspen City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN,COLORADO, as follows:
The Foster Subdivision/PUD application is hereby granted Lot Split approval, Planned Unit
Development approval, and Rezoning approval to create a three lot subdivision with one lot
dedicated as open space and the remaining two lots to contain a single-family residence each,
subject to conditions of approval listed herein.
Section 1: Foster Subdivision/PUD Plat& Final PUD Plans
Within 180 days following the date of final approval by the City Council, the record owners of
• the underlying lands shall prepare and submit a Lot Split Subdivision Plat and Final PUD Plans
for the Foster Subdivision/PUD to be reviewed to ensure each item and condition of approval is
Ordinance No. 7, Series 2012.
Page 2 of 11
documented to the satisfaction of the Community Development Director, the City Engineer, and
the City Attorney prior to final signatures by the Mayor and recordation.
1.1 The Lot Split Subdivision Plat shall divide the land into the following parcels, as generally
depicted on the map attached as Exhibit A.
Foster Subdivision/PUD Lot 1: Single-Family Home
Foster Subdivision/PUD Lot 2: Single-Family Home •
Foster Subdivision/PUD Lot 3: Open Space Parcel
The plat shall include a note stating that no further subdivision may be granted for these lots nor
shall more than two primary residences be built without receipt of applicable approvals pursuant
to the City's Subdivision and Growth Management requirements.
1.2 The Subdivision Plat shall grant certain perpetual easements as follows:
a. A perpetual public recreation, pedestrian access, and maintenance easement through the
center portion of Lot 3 proximate to the existing trail alignment for the benefit of the
general public. The easement shall be of a width and alignment acceptable to the City of
Aspen Parks Department. The easement shall permit the City of Aspen, or its designee,
to install, maintain, and operate a public trail and educational improvements.
b. A perpetual open space easement across all portions of Lot 3 granted to the Aspen Valley
Land Trust, or similar land trust, for the benefit of the general public and subject to the
• trail easement described above.
c. A perpetual alleyway easement on Lot 1 sufficient to provide a minimum 16-foot width
of the alley free and clear of obstruction, including a 1-foot buffer on the south side of
the existing accessory structure which is partially located in the alleyway north of the
subject property (17 feet total from the south face of the accessory building).
1.3 A Final PUD Development Plan set that includes:
a. An illustrative site plan showing the layout of the three lots as generally depicted in
Exhibit A. The plan shall illustrate setbacks (not building envelopes) on Lots 1 and 2.
b. A Utility Plan including profiles and sections acceptable to the City Engineer and the
City of Aspen Utilities Department. Individual service lines will need to be provided for
each house. Service will need to be from the 6" water line on the east side of South 3rd
Street, not the larger capacity transmission line. Service routing is preferred through the
alleyway. The applicant should be aware of new water service development standards
going into effect in early 2012. -
c. A Drainage Plan and report acceptable to the City Engineer that complies with the City's
Urban Runoff Management Plan. The plan and report shall include a mudflow analysis.
The drainage plan shall include curbing along South 3rd Street. Certain details specific to
actual development of each lot may be postponed until building permit submission, at the
discretion of the City Engineer.
• d. An Interpolated Natural Grade Plan.
e. The illustrative site plan shall include the following approved dimensional standards:
• Ordinance No. 7, Series 2012.
Page 3 of 11.
•
.D imensional,Reyquirement*- y Lot l �; K -`' s t Lot 2�
1: 5; , ♦ d t$ 1 ' r.,. 'S. 5.5, (,+' ` 's..'
•-.- r .i.. n�.a.. &.t X ...■.174...i.3t_. kis. �..tw_t. is":i.� :a.... t 'dl'^i.D"4�7'f �P,'�' _r.- .:a ..S 1T� � i �tii�'w��..s.�..
4,971 square feet, as depicted 4,971 square feet, as depicted
Minimum Lot Size on recorded plat on recorded plat
Allowable Density Single-Family Home Single-Family Home
Maximum Floor Area 2,800 square feet 2,300 square feet
10 feet. Measured from east 20 feet. Measured from north
Minimum Front Yard Setback lot line fronting 3`d street lot line fronting alleyway.
10 feet. Measured from north 10 feet. Measured from east
Minimum Side Yard Setback and south lot lines, and west lot lines,
respectively. respectively.
10 feet. Measured from west 5 feet. Measured from south
Minimum Rear Yard Setback lot line. lot line.
Per R-15 Zone District, as Per R-15 Zone District, as
• All other Dimensional may be amended from time to may be amended from time to
Allowances/Limitations time. time.
411 Notes:
• Until expiration of the vested rights period, the development of Lots 1 and.2 shall be
allowed and limited by the above dimensions as calculated and measured pursuant to the
Land Use Code in effect upon approval of this ordinance. After expiration of the vested
rights period, the development of Lots 1 and 2 shall be allowed and limited by the above
dimensions as calculated and measured pursuant to the Land Use Code in effect upon
submission of a building permit, as may change from time to time.
• The allowable deck area for improvements to Lots,1 and 2 shall be that which is exempt
from floor area calculations in the Land Use Code, plus an additional 390 square feet of
deck space that is exempt from floor area calculations per lot. The additional deck space
shall be limited to the southern half of the new structures.
• Allowances and limitations for improvements within setback areas shall be pursuant to
the Land Use Code, as may change from time to time.
• Allowances and limitations for permitted uses, conditional Uses, accessory uses, and
accessory structures shall be pursuant to the Land Use Code and the R-15 Zone District,
as may change from time to time.
Section 2: Existing Duplex Building
The existing duplex building need not be demolished prior to recordation of the lot split
• subdivision plat. The building may continue, subject to the limitations of Section 26.312.030 —
non-conforming structures, as applicable. The existing duplex structure shall either be
Ordinance No. 7, Series 2012.
Page 4 of 11
•
demolished or brought into conformance with this approval prior to or in conjunction with
• development of the first lot of the subdivision to be developed. All new construction shall be in
conformance with the dimensional requirements of this ordinance.
Section 3: Development Agreement
Contemporaneously with the recording of the Lot Split Subdivision Plat, the record owners of
the lands within the Foster Subdivision/PUD shall prepare, execute and record a Development
Agreement meeting the requirements of Section 26.445.070.0 to be reviewed to ensure each item
and condition of approval is documented to the satisfaction of the Community Development
Director, the City Engineer, and the City Attorney prior to final signatures by the Mayor and
recordation. The Development Agreement shall set forth a description of the proposed
improvements and obligations of the parties, including the following:
a. The residential floor area of the existing duplex structure to be applied as a
reconstruction credit and as a credit towards applicable affordable housing impact fees.
The credit shall be allocated to each Lot in the development agreement. Credit allocation
does not need to be evenly divided.
b. The installation and/or relocation of all utilities depicted and described in the Utility Plan
of the Final PUD Plans. The utilities shall be installed once, with service lines stubbed to
the new Lots.
c. The installation of all drainage facilities depicted and described on the Drainage Plan of
the Final PUD Plans.
d. A sidewalk improvement agreement for the South 3r1 Street frontage.
• e. The installation of a protective bollard (as approved by the engineering dept)adjacent to
the southwest corner of the historic structure currently located in the alleyway north of
Lot 1. The bollard shall be installed prior to development of either Lot.
Section 4: Rezoning
Contemporaneously with and effective upon the recording of the Lot Split Subdivision Plat and
Development Agreement, the Lots within this Subdivision, as described above and reflected in
the Subdivision Plat, shall be zoned as follows:
Lot 1: Moderate-Density Residential, Planned Unit Development(R-15-PUD)
Lot 2: Moderate-Density Residential, Planned Unit Development(R-15-PUD)
Lot 3: Park (P)
•
Section 5: Lot 3 Open Space Transfer
Contemporaneously with and effective upon the recording of the Subdivision Plat and
Development Agreement, Lot 3 shall be transferred to the City of Aspen for open space and
recreational trail purposes. The applicant shall provide the City with a quit claim deed or other
transfer document acceptable to the City Attorney which limits the use of the property as
follows: Lot 3 shall continue to support current uses and shall not be developed or programmed
by the City for active park use, such as a playground. There shall be no limitation on the ability
for the City to use and maintain the property for open space and recreational trail uses, including
• improvements to the trail surface or alignment. The City shall work with the owner of Lot 1 to
install mutually acceptable plantings on Lot 3 to buffer the new development from the trail.
Ordinance No. 7, Series 2012.
Page 5 of 11
Installation of buffer plantings shall be by the City and shall be accomplished within a mutually
• acceptable timeframe. Nothing herein shall require or prohibit the City and the owner(s) of Lots
1 and 2 from coordinating future plantings or landscape maintenance.
Section 6: Residential Design Standards
Lot 1 shall be subject to the City's Residential Design Standards in effect upon development.
The "secondary mass" standard shall not apply to Lot 1. The 3`d Street frontage shall be
considered the front for design standards purposes. Vehicular access shall be from the alleyway
and the carport or garage shall be subject to the provisions for parcels accessed from an
alleyway. Additional exceptions from the design standards may be approved pursuant to Chapter
26.410, as may be amended from time to time. A building permit to modify the existing duplex
structure to conform to the zoning limitations of this ordinance shall be exempt from the City's
Residential Design Standards.
Lot 2 shall be subject to the City's Residential Design Standards in effect upon development.
The "secondary mass" standard shall not apply to Lot 2. The alleyway frontage shall be
considered the front for design standards purposes. Vehicular access shall be from the alleyway
and the carport or garage shall be subject to the provisions for parcels accessed from an
alleyway. Additional exceptions from the design standards may be approved pursuant to Chapter
26.410, as may be amended from time to time.
Section 7: Affordable Housing Requirement
Lots 1 and 2 of the Foster Subdivision shall be required to provide affordable housing mitigation
• according to the Land Use Code in effect upon submission of a building permit for each Lot.
Credits towards the housing mitigation requirement shall be as defined and assigned to each Lot
in the Development Agreement.
Section 8: Construction Management Plan
The building permit application shall include a construction management plan meeting the City's
. requirements in effect upon submission of a building permit. Due to the lack of available City
ROW fronting Lot 2 and the limited alley access, the City of Aspen will not lease or provide
access to adjacent public land for the construction of Lot 1 or 2. Provision must be made for
either internal or off-site staging, stockpiling, and ancillary structures prior to approval of any
building permits for Lot 1 or 2. Additionally, the City of Aspen will not permit occupancy of the
alley for the construction of Lot 1 or 2. Limited use of the,South 3rd Street right of way for
construction of Lot 1 or 2 may be permitted as approved by the City Engineer and Parks
Department provided that it does not affect traffic patterns or any trees.
Section 9: Building Permit Submission Requirements
In addition to the standard submission requirements for a building permit, the Applicant shall
submit the following:
a. A signed copy of the final Development Order, City Council Ordinance, and the
Development Agreement.
b. A letter from the primary contractor stating that the final Development Order, City Council
Ordinance, and the Development Agreement have been read and understood.
• c. A building permit application to either demolish or bring the existing structure on Lot 1
into conformance with the zoning limitations of this ordinance shall be submitted prior to
Ordinance No. 7, Series 2012.
Page 6 of 11
or concurrent with the building permit application for the first Lot in the subdivision to be
• developed.
d. A Construction Mitigation Plan according to the requirements in effect at the time of
building permit submission and Section 8 of this ordinance.
e. An Excavation and Stabilization plan.
f. A Soils Report (testing for toxicity). Certain disposal and/or on-site coverage methods
consistent with EPA regulations may be required.
g. A tree removal plan and a tree protection plan. An approved tree permit will be required
before any tree is removed or impacted under the drip line of the tree. Mitigation for
removals must be on-site or paid via cash-in-lieu or per City Code 13.20. Parks will
approve a final landscape plan during the review of the tree removal permit based on the
landscape estimates.
h. Detail civil engineering plans for the installation and/or relocation of all utilities depicted
and described in the Utility Plan of the Final PUD Plans.
i. Detail civil engineering plans for the installation of all drainage facilities depicted and
described on the Drainage Plan of the Final PUD Plans.
Section 10: Building Permit Issuance Requirements
In addition to the standard requirements for issuance of a building permit, the following
conditions must be met prior to issuance of a building permit:
a. Prior to issuance of a Demolition permit for the existing structure, the applicant shall obtain
approval of the construction mitigation plan and shall file an "Agreement to Terminate
• Sewer Service Line" with the Sanitation District. The CMP shall be renewed prior to
issuance of an Access/Infrastructure permit for either Lot.
b. Prior to issuance of an Access/Infrastructure permit, the applicant shall obtain a tree
removal permit and shall install any required tree protection fencing.
c. Prior to issuance of an Access/Infrastructure permit, the applicant shall pay Sanitation
District fees. ACSD can develop an estimate for this project once detailed plans have
been made available to the district.
d. Prior to issuance of an Excavation/Foundation permit on either Lot, the applicant shall
install a protective bollard (as approved by the City Engineer) adjacent to the southwest
corner of the historic structure currently located in the alleyway north of Lot 1.
e. The Applicant shall pay all impact fees and school lands dedication fees applicable and per
the fee schedule in place at the time of building permit submission, payable upon issuance
of the full building permit for the respective Lot.
f. The new structures shall comply with applicable adopted fire codes including policies
regarding fire suppression systems(sprinklers).
g. Payment of ACSD connection fees.
Section 11: Final Inspection Requirements
In addition to the standard requirements for final inspection and issuance of a Certificate of
-Occupancy on either Lot, the following conditions must be met:
411
Ordinance No. 7, Series 2012.
Page 7 of 11
a. The existing duplex structure, generally located on Lot 1, shall be either demolished
4110 or brought into conformance with the zoning limitations of this ordinance, as
inspected and approved by the Zoning Officer.
Section 12: Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office. 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. Below grade development may require
installation of a pumping system. One tap is allowed for each building.
Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans
will require approval by ACSD where soft and hard landscaping may impact public ROW or
easements to be dedicated to the district.
Any glycol heating and snow melt system must be designed to prohibit a discharge of glycol to
any portion of the public and private sanitary sewer system. The glycol storage areas must have
approved containment facilities.
Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet
vertically below an ACSD main sewer line.
Section 13: Landscape in Right-of-Way
�. All landscaping and plantings within the City ROW must be approved by the City Parks
Department and the Engineering Department, pursuant to Chapter 21.20 of the Municipal Code.
Section 14: Representations Preserved
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 Community Development Department, the Planning and Zoning
Commission, or the Aspen 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
other specific conditions.
Section 15: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly submit all plats and agreements required to be recorded, as specified herein, within one
year of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development
plan shall not result in the creation of a vested property right.
• No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
Ordinance No. 7, Series 2012.
Page 8 of 11
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: Foster
Subdivision/Planned Unit Development located on property commonly known as
217/219 South Third Street, City of Aspen, Pitkin County Colorado, as more fully
described in City of Aspen City Council Ordinance No. 7, Series 2012.
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.
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 the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 16:
• 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 17:
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.
Section 18:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 19:
A public hearing on the Ordinance shall be held on the 12th day of March, 2012, at 5:00 in the
City Council Chambers, City hall, 130 South Galena Street, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 20:
This ordinance shall become effective thirty (30) days following final adoption.
•
Ordinance No. 7, Series 2012.
Page 9 of 11
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
0 Council of the City of Aspen on the 13th day of February, 2011.
Attest:
Kathryn S. j h, City Clerk Michael C. reland, yor
FINALLY,adopted,passed and approved this 12th day of March, 2012.
Attest:
2 -- Al
Kathryn S.S. -ch,City Clerk Michael C. Ireland,May r r
•
• Approved as to form:
•
ames R. True, City Attorney .
•
Exhibit A — Proposed Subdivision Map
•
•
Ordinance No. 7, Series 2012.
Page 10 of 11
Exhibit A
0 Proposed Lot Split Subdivision Map
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Ordinance No. 7, Series 2012:
Page 11 of 11
Inive 1, Imlay L 1, LW IL .. • ......�.
7576354 0 V(I_ 2--o/2
Ad Ticket#5
02r ) '3'
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920-5064 Address: 130 S Galena St
E-Mail:
Client:
Caller: Kathryn Koch City: Aspen
Receipt State: CO Zip: 81611
Ad Name: 7576354A Original Id: 7576351
Editions: 8ATI/8ATW/ Class: 0990
Start: 02/23/12 Stop: 02/23/12
Color: Issue 1
Copyline: atw Ord 7 - City of Aspen Rep: AT Legals
LEGAL NOTICE
ORDINANCE #7, 2012 PUBLIC HEARING
Lines: 20 Ordinance #7. Series of 2012. was adopted on first
Depth: 1.68 reading at the City Council meeting February 13.
2012. 2This ordinance. if adopted. will approve a lot
Columns: 1 split, rezoning and PUD designation for 219 South
Third Street. The public hearing on this ordi-
Discount: 0.00 nance is scheduled for March 12. 2012 at 5 PM.
Commission: 0.00 City hall. 130 South Galena.
Net: 0.00 To see the entire text. go to the city's legal notice
website
Tax: 0.00 http://www.aspenpitkin.com/Depart ments/Clerkl
Legal-Notices'
Total, 10.12
If you would like a copy FAXed or e-mailed to you.
Payment
10.12 call the city clerk's office, 429-2686.
Published in the Aspen Times Weekly on February
23. 2012. [7576354]
Ad shown is not actual print size
ALAN RICHMAN PLANNING SERVICES, INC.
P.O. BOX 3613
ASPEN, COLORADO 81612 RECEIVED
970-920-1125
DEC 2 8 2012
December 28, 2012 CITY OF ASPEN
COMMUNITY MWLOPMENT
Mr. Chris Bendon, Director
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: ADMINISTRATIVE MODIFICATION FOR FOSTER SUBDIVISION/PUD
Dear Chris,
The purpose of this letter is to request an administrative modification of the approvals
granted to the Foster Subdivision/PUD. The Foster Subdivision/PUD is a three (3) lot
development that was approved pursuant to Ordinance _No. 7, Series of 2012. The
property is owned by YLP West, LLC, represented by Suzanne Foster and by myself.
As you know, the owner has been working with the staff to complete all of the documents
that must be recorded to memorialize the land use approval. In the course of finalizing
those documents, staff and the applicant have concluded that there are two aspects of the
approval ordinance that require a minor administrative modification. First, Condition 1.2.c
requires the subdivision plat to grant a perpetual alleyway easement on Lot 1 sufficient to
provide a minimum 16' width of the alley free and clear of obstruction, plus a 1' buffer on
the south side of the existing accessory structure. The plat that we have submitted
documents that there is already a 20.90' alley right-of-way that is recorded as Reception
No. 109023, providing a greater area that is free and clear of obstruction than was
required in the Ordinance. Therefore, we would request that Ordinance 7 be modified to
eliminate Condition 1.2.c.
The second modification concerns the language used to describe where on Lot 1 and Lot
2 the additional 390 square feet of exempt deck space may be built. The ordinance states
that "The additional deck space shall be limited to the southern half of the new structures".
This language has proven to be too imprecise, since only a building envelope and not the
actual locations of the new structures will be depicted on the plat. As a result, the
Development Agreement that has been drafted includes language that would restrict the
additional deck space to "the southerly half of each lot, as defined by a line connecting the
midpoint of each lot's respective east and west lot lines and as depicted on Exhibit A
attached hereto". Therefore, we would request that Ordinance 7 be modified to revise the
second sentence in Note 2 of the dimensional requirements table to read as follows:
RECEPTION#: 599557, 05/15/2013 at
12:31:11 PM,
1 OF 3, R $21.00 Doc Code ADMIN
DECISION
Janice K.Vos Caudill, Pitkin County, CO
Mr. Chris Bendon
December 27, 2012
Page Two
"The additional deck space shall be restricted to the southerly half of each lot, as defined
by a line connecting the midpoint of each lot's respective east and west lot lines and as
depicted on Exhibit A attached hereto".
These two changes represent the administrative modifications the owner requests. As you
have suggested, I have placed a signature block below for you to grant approval for these
requests. We greatly appreciate the work that you and the other City staff members have
accomplished in assisting us to reach the point of recording these documents. Please let
me know if there is anything else we can provide to you to complete this process.
Sincerely,
ALAN RICHMAN PLANNING SERVICES, INC.
Acoo
Alan Richman, AICP
Administrative Modification (`�L l ✓d
l hereby grant the following two administrative modifications to Ordinance 7, Series of
2012:
1. Condition 1.2.c Ordinance is hereby eliminated from said Ordinance.
2. Note 2 of the dimensional requirements table on Page 4 of said Ordinance is
hereby amended to read as follows:
"The allowable deck area for improvements to Lots 1 and 2 shall be that which is exempt
from floor area calculations in the Land Use Code plus an additional 390 square feet of
deck space that is exempt from floor area calculations per lot. The additional deck space
shall be restricted to the southerly half of each lot, as defined by a line connecting the
midpoint of each lot's respective east and west lot lines and as depicted on Exhibit A
attached hereto":
Chris Bendon, Director
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