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HomeMy WebLinkAboutresolution.apz.027-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A SUBSTANTIAL AMENDMENT TO THE WILLIAMS RANCH PLANNED UNIT DEVELOPMENT APPROVALS GRANTED PURSUANT TO ORDINANCE 52, SERIES OF 1994. Parcel Nos. 2737.074.30.001-015 and 2737.074.29.001-036 Resolution No. 99 - 27 WHEREAS, the Community Developmem Department received an application from Williams Ranch Joint Venture, represented by Charles Brandt and Associates P.C., for substantial amendments to the Williams Ranch Planned Unit Development approval granted pursuant to Ordinance 52, Series of 1994; and, WHEREAS, the Williams Ranch Planned Unit Development (the project) is a fifty (50) residential unit project divided into two Subdivisions: the Silvedode Subdivision consisting of fifteen (15) free-market residential units and the Williams Ranch Subdibisiun containing thirty-five (35) affordable housing units; and, WHEREAS, the Williams. Ranch Planned Unit Development is located within the City of Aspen directly east of the Centennial Condominiums in Section 7, Township 10 South, Range 84 West; and, WHEREAS, the amendments requested relate to conditions of approval stipulated in Ordinance 52, Series of 1994, concerning the development of "a small ditch water feature," "hard surface pedestrian walking areas" (a.k.a. sidewalks), "soil erosion controls" on a mining road above the project, and a release of the construction requirement of the trail platted from the Open Space parcel to the boundary of the Molly Gibson Park along the southern boundary of the PUD; and, WHEREAS, pursuant to Section 26.445, Planned Unit Development, of the Aspen Municipal Code, substantial amendments to an approved Plauned Unit development may be approved by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, the appropriate referral agencies, and members of the general public: and, WHEREAS, after considering a recommendation by the Community Development Director, referral agencies, comments made by the applicant, and members of the general public at a duly noticed public hearing opened on July 6, 1999, continued to September 21, 1999, continued to November 2, 1999, and continued to December 14, 1999, the Planning and Zoning Commission finds the PUD amendments, as described herein/no~ as requested). To be in substantial compliance wSth the goals and objectives of the Aspen Area Community Plan and the intent and requirements of the Land Use Code and recommends, by a six to zero (6 to 0) vote~ that the Aspen City Council approve this substantial amendment to the Williams Ranch Planned Unit Development in the manner described hereinafter. I IIIIII IIIII IIIIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 44~3g'1 02/1]./2000 12:0tP RESOLUT'r DRV'rS STLVZ 1 ~.~* 3 R 'J.5.00 D 0,00 N 0.00 pI'TKZN COUNTY CO NOW, THEREFORE BE IT RESOLVED by the Commission: That City Council should amend the Williams Ranch Planned Unit Development in the following manner: 1 The requirement to construct "a small ditch water feature," as stipulated in Section 1, condition # 18. of Ordinance No. 52. Series of 1994, shall no longer be required. 2. The portion of the pedestrian trail between lots 6 and 10 of the Williams Ranch Subdivision shall be completed to the edge of the Silverlode Drive cartway by Williams Ranch Joint Venture in the same manner as the adjoining trail was developed. The improvement shall be accomplished by no later than July 1, 2000. If, for any reason, the Joint Venture does not complete this improvement, the City of Aspen shall complete the improvement by using the Subdivision funds held in escrow by the City. 3~ The portion of the public trail described on the final plat as crossing Lot 33 of the Williams Ranch Subdivision through Lot gl 5 of the Silveflode Subdivision is required to be developed by Williams Ranch Joint Venture by no later than July 1, 2000. The design and construction plans for this improvement shall be approved by the City Trails Coordinator of the City Parks Department. 4. Upon completion, inspection by the City, and acceptance by the City of the improvement listed in conditions #2 and #3, above, the requiremem to construct "hard surface pedestrian walking area on one side of all roads" {sidewalks), as stipulated in Section 1, condition #2b, of Ordinance No. 52, Series of 1994, and the "five foot pedestrian path," stipulated in Section 1, condition # 14i, of said Ordinance, shall be waived and no further obligation to develop a sidewalk shall be required. 5. The City and the applicant slmll enter into a PUD agreement sripuiating the nature and requirements of this PUD amendment following final consideration by City Council. pursuant to Section 26.445.060 of the Land Use Code, This agreement shall be reviewed by the City Attorney prior to recordation. All un-amended portions of the former agreement shall remain in full force and effect and the City shall retain the funds held in escrow from the prior agreement and shall require additional funds be placed in escrow to complete the improvement described herein. The PUD amendment agreement shall be recorded within one-hundred and eighty (180) days of the final approval by City Council. 6. Upon improvement of the emergency access way between the Spruce Street right-of- way and the Silverlode Drive cul-de-sac to a condition to adequately withstand emergency vehicles, the City shall grant to the Williams Ranch Home Owners Association ($. _ amount to be estimated by the City Parks Department) for the purpose of landscape improvements to Lot #36, the Open Space parcel. 7. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. I IIIIII IIIII IIIIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 440391 02/11/2000 12:01P RESOLUTI DAVZ$ 2 e~ 3 R 15.~0 D 0.00 N 0.00 PZTK~N COUNTY CO The applicant shall record the Planning and Zoning Commission Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. RECOMME~/DED FOR APPROVAL by the Commission at its regular meeting on December 14, 1999. APPROVED AS TO FORM: Cit? Attorney PLANNING AND ZONING COMMISSION: Robert Blalch, Chair ATTEST: ackie Lc~a~ Deputy City Clerk C:\home\CHRISB\CASES Williams Ranch Amendment\PZ_RESO2.doc I IIIIII IIIII IIIIII IIIII IIII IIIII IIIIIII III IIIII IIII IIII 44839! 02/11/2000 12:01P RE$OLUT! D~VZ$ $ZLV! 3 of 3 R 15.00 D 0.00 N 0.00 PZTKZN COUNTY CO