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Home My WebLink Aboutresolution.apz.11-19 RECEPTION#: 659517, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 10/14/2019 at 03:40:45 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 11 (SERIES OF 2019) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR A MAJOR AMENDMENT TO A PLANNED DEVELOPMENT, 8040 GREENLINE REVIEW & MAJOR SUBDIVISION FOR LOTS 999, 1001, 1011 UTE AVENUE, PLUS COMMON AREA PARCELS A, B & C, LEGALLY DESCRIBED AS LOTS 1, 2,3, A, B, C; 1001 UTE SUBDIVISION/PUD; ACCORDING TO THE PLAT THEREOF FILED MAY 9, 2007, IN PLAT BOOK 83 AT PAGE 95 COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, the Community Development Department received an application from Leathern Stearn, Manager; Ute Mesa Lot 1 LLC., Ute Mesa Lot 2 LLC., 999 Ute Avenue LLC., PO Box 3211, Westport CT, 06880 for a Major Amendment to a Planned Development, 8040 Greenline Review, and a Major Subdivision for the following development activities that have occurred without previous City approval: • Memorialize existing air conditioning units & a portion of a staircase on Common Area Lot A; • Maintain existing tennis court pathway on Common Area Lot B & provide off-site ADA compliance at the Gant property; and • Memorialize existing window well (associated with the dwelling of Lot 3) on Common Area Lot C; Upon review of the application, property, and previous approvals, additional development has occurred on the properties and is required to be addressed: • Non-compliant grading and fencing on Lot 3 & Common Area Lot B; • First floor elevation and grading discrepancy on Lot 1 and Lot 2 relating to the free market residences; Upon review of the application, property, and previous approvals, the following existing development is found to be approved and/or previously approved: • Utility improvements on Common Area Lot A; • Tennis court/patio improvements on Common Area Lot B; and, • Swales and berming on Lot A (open space) for drainage purposes. WHEREAS, the Community Development Department Staff deemed the application complete on August 5`h, 2019 and reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code, the Community Development Director finds that certain improvements do not comply with the applicable Land Use Code standards, are inconsistent with the previous approvals, and therefore, makes the following recommendations: Page 1 of 4 Common Area Lot A: • Remove the A/C Units and stairwell from Common Area Lot A. Relocation of the A/C units to an alternative location on the properties requires further City review; Common Area Lot B: • Remove the retaining wall and regrade the lot to comply with the original PUD approvals. A 3-ft. tall wall may be erected following review and approval from Community Development staff; • Provide on-site ADA accessibility from Ute Ave. to the tennis courts; Lot 3: • Remove the retaining wall and regrade the lot as much as possible to comply with original PD approvals. A 3-ft. tall aesthetic wall may be erected following review and approval from Community Development staff, and, WHEREAS, upon review of previous duly issued building permits and previous approvals for the properties, the Community Development Director makes the following recommendation: Lot 1 & Lot 2: • Amend PD/Subdivision approvals to memorialize the existing first floor elevation of the single-family dwellings on Lots 1 & 2. As depicted on the improvement survey in the application for the properties, the first-floor elevation for the residences on Lots 1 & 2 is 8,012'; and, Lot 3: • Pursuant to Land Use Code Section 26.575.020., Exceptions for Building Code Compliance, the existing window well on Lot 3 may remain in its current configuration; and, WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein,has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on October 1,2019; and, WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Planning and Zoning Commission approves Resolution 11, Series of 2019, by a 6 to 0 (6 - 0) vote, recommending approval for a Major Amendment to a Planned Development, 8040 Greenline Review & Major Subdivision. Page 2 of 4 NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: The Planning and Zoning Commission("Commission")makes the following recommendations to City Council: Common Area Lot A: • Remove the A/C Units from Common Area Lot A. Relocation of the A/C units to an alternative location on the properties requires further City review; • The existing stairwell may remain on Common Area Lot A in its existing configuration; Common Area Lot B: • Provide on-site ADA accessibility from Ute Ave. to the tennis courts or have the ability to provide ADA accessibility on the Gant tennis courts to the extent applicable by law (The ADA portion of the request resulted in a 3-3 split among P&Z members); • Retaining wall may remain in its existing configuration on Common Area Lot B; Lot 3: • Approve retaining wall in its existing configuration; • Pursuant to Land Use Code Section 26.575.020., Exceptions for Building Code Compliance, the existing window well on Lot 3 may remain in its current configuration; and, Lot 1 & Lot 2: • Amend PD/Subdivision approvals to memorialize the existing first floor elevation of the single-family dwellings on Lots 1 & 2. As depicted on the improvement survey in the application for the properties the first-floor elevation for the residences on Lots 1 & 2 is 8,012'; and, Section 2• 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 3• 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. Page 3 of 4 APPROVED by the Commission at its meeting on October 1, 2019. APPROVED AS TO FORM: PLANNING AND ZONING COMMI$ . Jim True, City Attorney Spe Knig t, Chair ATTEST: 1\�2 '1 '�i✓�� "a nine Stickle, Records Manager Page 4 of 4