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Home My WebLink Aboutordinance.council.031-03 Page: e8/18/2oo3 o3:26P $'rLv[~ Di~IVZS PITKIN COUNTY CO R ;~6.00 0 0.00 ORDINANCE NO. (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING DIMENSIONAL STANDARDS, TO EXPAND THE ALLOWABLE FLOOR AREA FOR ENCLOSURES OF TWELVE (12) BALCONIES, AND FOR A SETBACK ENCROACHMENT TO THE EAST PROPERTY LINE FOR A ROOF STRUCTURE OVER AN ENTRANCE AND AMENDMENT TO THE OFFICIAL ZONING MAP REZONING THE SUBJECT PARCEL FROM R-6 TO R/MF FOR THE SAGEWOOD CONDOMINIUMS, 910 W. HALLAM - PROPERTY FULLY DESCRIBED IN ATTACHED EXHIBIT A, CITY AND TOVCNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-29121 WHEREAS, the Community Development Department received an application from the Sagewood Condominium Association (Applicant), requesting approval of a Planned Unit Development and Amendment to the Official Zone District Map; and, WHEREAS, the Community Development Department received referral corranents from the Aspen Consolidated Sanitation District, City Engineering, and Building, 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 recommends approval of the Planned Unit Developmem and Amendment [o the Official Zone District Map for the Sagewood Condominiums; and. WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approvals of the development proposal are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, during a regular meeting on May 6, 2003. the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and by a vote of four to zero (4 - 0) recommended City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, with the findings and conditions listed hereinafter; and, WltEREAS, the City of Aspen City Council 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 Planning and Zoning Commission, and the applicable referral agencies and has taken and considered public comment at a public hearing; and, Page: 2 0¢ ~ 08/Z8/2003 03:26P SILVIA DAVZ$ PITKZN COUNTY CO R 26.00 O e.ee WHEREAS, the City of Aspen City Council finds tha~he application for a Planned Unit Development and Amendment to the Official Zone District Map meets or exceeds all applicable standards and ~s consistent with the goals and elements of the Aspen Area Community Plan; and, WltEREAS, the City of Aspen City Council. by a vote of five to zero (~ - _0), approves a Planned Unit Development and Amendment to the Official Zone District Map for the Sagewood Condominiums; and WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves the Plmmed Unit Development and Amendment to the Official Zone District Map to R/MF, subject to the following conditions: 1 A PUD Agreement and Amended PUD ~Plan shall be recorded within 180 days of the final approval by City Council and shall include the information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. Prior to issuance of any building permit for any improvement to the building, the applicant shall submit building elevations and design details showing the design of all future balcony enclosures as approved by the Sagewood Condominium Association. The design shall be approved by the 'Community Development Director. Building permit applications shall conform to the approved design. 3~ The applicant shall file the approved PUD plans in the Clerk and Recorders office of Pitkin County prior to issuance of a building permit. 4. Prior to sign-off on any future building permits for the Sagewood Condominium building or its individual tmits, the owners of units with balcony enclosures that were constructed without a building permit shall be required to submit the necessary permits to the Aspen Building Department for review and approval to ensure compliance with life, health and safety requirements. 5. The existing dumpster shall be moved out of the Right-of-Way (ROW) and onto the applicant's proper~y and noted on the Final PUD Plan. If no adequate on-site dumpster location can be found to the satisfaction of the Community Development Director, then an encroachment license from the City of Aspen Engineering Department shall be necessar.v to allow the dumpster to be stored m the ROW. This shall be completed prior to sign-off of any building permits for improvements to the building requiring a building permit. 6. Prior to issuance of a building permit, the applicant shall contact the customer service representative for the Aspen Consolidated Sanitation District to schedule a site visit/walk-through. 7. Prior to issuance of a building permit, the applicant shall contact the Community Development Department to review the outdoor lighting. Any outdoor lighting that is determined by the Department to be out of compliance with the Outdoor Lighting Ordinance of the City of Aspen, will be required to be brought into compliance. 8. All applications for building permit for balcony enclosures shall include a letter from the Sagewood Condominium Association approving of the enclosure design. 9. The Aspen City Council approves a partial waiver of the land use review fees for the portion related to the review of the rezoning. As the rezoning constitutes approximately 40% of the total review, the applicant shall only be required to pay for 60% of the costs of the entire review. Section 2: All material representations and commitments made by the apphcant pursuant to this application, whether in public heatings or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: 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. Section 4: 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. Section 5: A public hearing on this ordinance will be held the 14th day of July 2003 in the City Council Chambers, 130 South Galena, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 9t~ day of June, 2003. LEGAL EXHIBIT "A" All eleven (11) condominium units as shown on the Condominium Map for the '~Sagewood Condominiums'.', appearing in the records of the County'Clerk and Recorder of Pitkin County, Colorado in Plat Book ,a ar Page 449, and as described h~ that Condommmm declaration for "Sagewood Condominiums Association", appearing such records in Book 282 at Page 438, more fully described as: Lots Q, R, and S of Block 4, City of Aspen, with the ekceptions of a parcel of land lying cm the westerly boundary of.lot Q, being 7.16 feet wide at the southerly boundary and 5.95 feet wide at the northerly end, more particularly described as follows: Commencing ar the southwest comer of said lot Q, Block 4, Township of Aspen; thence south 75* 09'i1" east 7.16 feet; thence northerly to a prom on the northerly line of said lot Q, which point lies south 75* 09'11" east 5.95 feet from the northwest comer of said lot Q, thence north 75° 09' 11" west 5.95 feet to the northwest comer of said lot Q; ;thence south 14° 50'49" east 100 feet to the poLnt ofbegirming. 0A/18/2003 03:26P $ILVIg OAVIS PITKIN COUNTY CO ~ 26.~0 D 0.00 PASSED, ~D APPRO~D ~s 14th day of July, 2003. ~ Clerk ~ TO FO~: 4~m"Worcestor, City Attorney