HomeMy WebLinkAboutresolution.apz.041-99RESOLUTION NO. 41
(SERIES OF 1999)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISION A_PROVING THE ASPEN ELECTRIC SUBDIVISION
AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT AMENDMENT, AT
510 PARK CIRCLE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel Number 2737-074-217-03
WHEREAS, the Community Development Department received an application
from Gregory Karaus, owner, for a Planned Unit Development (PUD) amendment to
construct a 537 square foot addition to the third level of a fully deed restricted triplex
located at 510 Park Circle, in the Aspen Electric Subdivision; and,
WHEREAS, the subject property, Parcel Number 2737-074-217-03, is located in
the Affordable Housing - PUD Zone District, and the lot size is approximately 8,058
square feet; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Engineering, City Parks Department, the AsperffPitkin County Housing Authority, and
the Community Development Department reviewed the Project and recommended
approval with conditions; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the Aspen
Planning and Zoning Commission may approve a PUD amendment during a duly noticed
public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the applicable referral agencies, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, during a duly noticed public hearing on December 7, 1999, the
P~anning and Zoning Commission approved, by a seven to zero vote (7-0), approval of
the Aspen Electric Subdivision/PUD amendment, with conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND
ZONING COMMISSION OF ASPEN, COLORADO as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen Electric Subdivision/Planned Unit Development amendment, consisting of a 537
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square foot expansion to the third level of a fully deed restricted triplex located at 510 Park
Circle, is approved subject to the conditions of approval described hereinafter.
Conditions of Approval:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
the Aspen Planning and Zoning Commission and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights-of-way, location of
utility pedestals, and a note stating that a witness comer will be installed on the
north east comer of the property after completion of construction.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A landscape plan.
3. The PUD amendment and the amended PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. Th~ building permit application shall include:
a. A copy of the recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
c. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of
removed trees.
5. Prior to issuance ora building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
6. No excavation or storage of dirt or material shall occur within tree driplines.
7. All construction vehicles, materials, and debris shall be mainta'med on-site and not
within public rights-of-way unless specifically approved by the Director of the Streets
Department. All vehicle parking, including contractors' and their employees', shall
abide by the 2 hour residential parking limitation of the area. The applicant shall
inform the contractor of this condition.
8. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
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9. Before issuance ofa build'mg permit, the applicant shall record the Planning and Zoning
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 resolution.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approval~ as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development 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 Ordinance 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.
INTRODUCEDi READ AND ORDERED PUBLISHED as provided by law,
by the Planning and Zoning Commission of the City of Aspen on the 7th day of December,
1999.
APPROVED by the Commission at its regular meeting on December 7, 1999.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Loth/an, Deputy City Clerk
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