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Home My WebLink Aboutresolution.apz.09-2021RECEPTION#: 680508, R: $38.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 6, 09/15/2021 at 09:38:10 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION # 09 (SERIES OF 2021) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL FOR A MAJOR SUBDIVISION, AMENDMENTS TO THE ;.AND USE CODE & ZONING MAP, PLANNED DEVELOPMENT -PROJECT REVIEW, AND GROWTH MANAGEMENT I_ EVIEW, FOR THE PROP_:RTY COMMONLY KNOWN AS 501 WEST HOPKINS AVENUE, LEGALLY DESCRIBED AS LOT 1, BOOMERANG LOT SPLIT, A PLANNED COMMUNITY, ACCORDING TO THE PLAT RECORDED JUNE 16, 2006 IN PLAT BOOK 79 AT PAGE 70, AS RECEPTION NO.525370, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development department received an application from R.D. Olson Investments 11, LLC, requesting approval for Major Subdivision- Vehicular Rights -of -Way, Amendments to the Land Use Code & Zoning Map, Planned Development Review -Project Review, and Growth Management Review for the property located at 501 West Hopkins Avenue; and, WHEREAS, the Park's Department supports the application and the Engineering Department supports the Right -of -Way exchange; and, WHEREAS, the Community Development department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval for Major Subdivision -Vehicular Rights -of -Way, Amendments to the Land Use Code & Zoning Map, Planned Development Review- Project Review, and Growth Management Review; and, WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director and took and considered public comment at a duly noticed public hearing on August 3`d, 2021; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that approval of the request is consistent with the goals and objectives of the Land Use Code; 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 City of Aspen Planning and Zoning Commission approves Resolution #09, Series of 2021, by a five to zero (5-0) vote, recommending approval for Major Subdivision- P&Z Resolution #09, Series of 2021 Page 1 of 6 Vehicular Rights -of -Way, Amendments to the Land Use Code & Zoning Map, Planned Development Review- Project Review and Growth Management Review as identified herein. NOW, THEREIORE BE IT RESOLVED, THE ASPEN PLANNING & ZONING COMMISSION RECOMMENDS THE FOLLOWING: Section 1: Maior Subdivision Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval for the request for Major Subdivision to vacate and convey a total of 4,000 sq. ft. of City -owned right-of-way to the benefit of the subject property. The lands approved for vacation are Parcels A, B & C as represented in Exhibit A to this Resolution Section 2: Amendments to the Land Use Code & Zoning Map Upon the vacation and conveyance of the City -owned lands referenced in Section 1, the Planning & Zoning Commission hereby recommends approval to rezone the acquired lands from Park (P) to Medium Density Residential (R-6). Section 3: Planned Development- Project Review Upon the vacation, conveyance and rezoning of the City -owned lands referenced in Section 1, the Planning & Zoning Commission hereby recommends approval to establish a Planned Development overlay on the newly amended parcel, subject to the following conditions: 1. The maximum allowable Floor Area on the amended parcel shall not exceed 3,810 sq. ft. for a single-family dwelling and 4,230 sq. ft. for a duplex dwelling or two detached dwellings. Floor Area shall be based upon the methodology prescribed within the Land Use Code, however all vacated right-of-way and other land transferred by the City to the applicant and incorporated in the amended Lot 1 shall be included in the lot area for purposes of calculating allowable floor area and density on the property. 2. Pursuant to the standards prescribed within the R-6 zone district, each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic Transferrable Development Right. Each TDR shall allow an additional 250 sq. ft. of Floor Area above the maximum prescribed in Section 3.1 of this Ordinance. Any TDRs previously extinguished on the subject property shall deduct from the total number of TDRs allowed for extinguishment. P&Z Resolution #09, Series of 2021 Page 2 of 6 3. Exhibit B represents the building envelope for the property. The table below sets forth the minimum setbacks required on the parcel as depicted on the building envelope. Setback Dimensions Minimum Setback Side Yard west side 5 ft. Side Yard (east side) 10 ft. Combined Side Yard 15 ft. Front Yard 10 ft. Rear Yard 10 ft./ 5ft. garage/accessory Section 4: Growth Management Review Future affordable housing mitigation associated with new development on this property may be met by -right via fee -in -lieu. Mitigation shall be assessed at the rate in place at the time of building permit. Section 5: Subsequent Reviews The requests of this application are subject to City Council review and voter approval. Pending these approvals, pursuant to Land Use Code Section 26.445.090, Documents and Deadlines, a plan set shall be submitted to the Community Development department within one hundred eighty (180) days following the date of voter approval. The plan set shall be subject to review and approval by City Staff to ensure P&Z, City Council and voter intent. The plan set shall include the following documents, all of which shall be approved and recorded concurrently: 1. An Amended Plat representing the approved building envelope 2. A Right -of -Way Vacation Plat 3. A Yard & Landscape Easement Agreement and Exhibit Map 4. The Deed of Conservation Easement and Exhibit Map Section 6: Material Representations 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, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Existing Litigation 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. P&Z Resolution #09, Series of 2021 Page 3 of 6 Section 8: Severability 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 Commission at its meeting on August 3, 2021. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Katharine Johnsarrr,'X sistant City Attorney ATTEST: Cindy Klob, Records Manager Exhibit A: Parcels Recommended for Vacation & Conveyance to the Benefit of Lot 1 Exhibit B: Building Envelope Recommended for Approval P&Z Resolution #09, Series of 2021 Page 4 of 6 Exhibit A: Parcels Recommend for Vacation & Conveyance to the Benefit of Lot 1 r N Lot 1 w (7,500 Sf) Parcel a (2, l00 -� Sf) 4%,ana Tr 45 JvT ES Lot 1 w (7,500 Sf) Parcel a (2, l00 -� Sf) 4%,ana Tr 45 JvT ES Key Existing Parcel Proposed land for vacation Public right-of-way �iEaR � 0 Proposed park land to be acquir,--d by Lot 1 aa��n RltM� i a c m a ,a O � O Parcel Q 9pp S f AlY Ae ^' 65-ft. P&Z Resolution #09, Series of 2021 Page 5of6 Exhibit B: Building Envelope Recommended for Approval ,[}S [k[ Ntxr r i — — i Key Approved ! � 1 building 4.N envelope �- TWO ^ STORY L /7l • ?R SNn"t r�k \� ! • — — —, x STONE E FRAME s� ifllll r Z Y rr[[ OL/SE 1 • Wr}s Sol w i[OPLMSAL -'r �';��_ RC7PF • - TA e;ien- ' AFFA / CONCRM 27 11r' g PATIO r 30'00. SPA M u.nil�rrrt' 'L. ^h 01 5 ,: S. [}�}• ' •nlaect ,� Or,s�_tT. 30�0- __ / �_'TY�� ate"+\ i'•'Py 12 /c,!Ey�z_-/ y,i 19 P&Z Resolution #09, Series of 2021 Page 6 of 6