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HomeMy WebLinkAboutordinance.council.028-91ATTACt'~ENT A ORDINANCE NO. 28 (SERIES OF 1991) Ai~ ORDINANCE OF THE ~PEN CITY COUNCIL GRA-NTIN~ A PUD ~/~ENDMENT FOR THE ADDITION OF BEDROOMS AND BAY WINDOWS/ AND THE EXPAnSiON OF LIVIN~ ROOMS ~ GENERAL LIVIN~ SPACE TO THE CLARENDON CONDOMINIUM~, LOT 1 CLARENDON SUBDIVISION, ~EST END STREET, ASPEN COLORADO WHEREAS, pursuant to Section 24-7-907 of the Municipal Code, the Clarendon Homeowner's Association, as represented by Spencer Schiffer, submitted an application for an amendment to the PUD; WHEREAS, a duly noticed Public Hearing was held by the Aspen Planning and Zoning Commission (hereinafter "Commission") on June 4, 1991 to consider the application for PUD Amendment; and WHEREA~, the Commission considered the representations and commitments made by the applicant; and WHEREAS, the Commission recommended to Council approval of the PUD amendment with amended conditions; and WHEREAS, the Aspen city Council having considered the Planning and Zoning Commission's recommendation for a PUD amendment does wish to grant the requested amendment for the Clarendon Condominiums. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 11 That is does hereby grant approval for an amendment to the Clarendon Condominiums Final PUD with the following conditions: 1. Prior to the issuance of any building per. its: a. The applicant shall demonstrate to the Engineering Department that the increased runoff is adequately maintained on site by providing calculations from an engineer registered in the State of Colorado. The engineer shall comment on the functional aspects of the facility in order to determine that it can be cleaned for continual, proper performance. b. The applicant shall provide assurance to the Planning and Engineering Departments that the nunber of bedrooms will not change and that the shuttle service (specifically defined in the PUD agreement) provided by the manager and the parking pass system will be maintained. Language to this effect shall be included in the amended PUD agreement. c. The applicant shall amend the PUD plat and agreement to depict the approved amendments to the final Development Plan. d. The applicant shall provide one more on-site parking space for a total of 30 spaces. 2. The applicant shall consult city Engineering for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights- of-way from City Streets Department. 3. Ail representations that the applicant has made regarding this amendment shall be adhered to during any renovation. The amendment to the final PUD plan is limited to: a. one additional bedroom to each two-bedroom unit at 245 square feet each; b. a master bedroom expansion to each unit at 170 square feet each; c. a living room expansion to each unit at 170 square feet each; d. bay window projections to each unit at 25 square feet each; e. the above represents total 6,715 square feet of expanded square footage for the entire building; f. the addition of one on-site parking space; and g. the total amount of bedrooms in the Clarendon shall not exceed three bedrooms per unit. ~ection 2~ Pursuant to Section 24-7-906 of the Municipal Code, the amended final PUD plat and PUD agreement shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following the adoption date of this Ordinance. Failure to record the final plat and PUD agreement within the 180 day time period shall render the PUD approval granted herein invalid. Reconsideration of the PUD amendment and PUD agreement by the Planning and Zoning Com~ission and City Council will be required before acceptance and recording. Section 3: That the City Clerk be and hereby 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 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. ~ectio~ 5I This Ordinance shall not effect 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. S~ct~on 6~ A public hearing on the Ordinance shall be held on the day of July,~__, 1991 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. I~V~RODUCED, READ A_ND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the --~- day of  , 1991, John ~ennett, Mayor ~TTE~T: och, city Clerk FINALLY, adopted, passed and approved this o/J day of John Bennett, Mayor K[~ch, Cit~ Clark