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Home My WebLink Aboutresolution.apz.027-01 RESOLUTION NO, 27, SERIES OF 2001 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT REQUEST OF THE BARBEE FAMILY SUBDIVISION / PUD FOR 1} AN INCREASE IN FLOOR AREA (FAR) BY 360 SQUARE FEET FOR LOT 7, 2) AN ENLARGEMENT OF THE BUILDING ENVELOPE ON LOT 7, AND 4) THE ESTABLISHMENT OF BUILDING ENVELOPES FOR LOTS 8-11, AND DENYING THE INSUBSTANTIAL PLANNED UNIT DEVELOPMENT AMENDMENT REQUEST FOR 1) THE MODIFIED DESIGN OF THE AFFORDABLE HOUSING UNITS ON LOTS 8-11 AND 2) A VARIANCE FROM THE SECONDARY MASS REQUIREMENT FOR LOTS 5 AND 6 OF THE BARBEE FAMILY SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2 735-131-00-100 WHEREAS, the Community Development Department received an application from the Applicant, Shadow Mountain Investment, LLC, represented by David Miller, requesting the Planning and Zoning Commission grant an Insubstantial Planned Unit Development (PUD) Amendment for the Barbee Family Subdivision / PUD for the following: 1) Modify approved design for the aftbrdable housing units on Lots 8-11; 2) Increase the Floor Area (FAR) dimensional requirement by 360 square feet for the allowance of moving the Paepkce shed to RO Lot 7 to satisfy the Secondary Mass requirement of the Residential Design Standards; 3) Increase the approved building envelope on RO Lot 7 to accormnodate the Paepkce shed; and 4) Establish building envelopes for Lots 8-11. The Applicant also requests the following approval from the Plannii~g and Zoning Commission acting as the Design Review Appeals Committee: 1) A variance from the Secondary Mass requirement of the Residential Design Standards for the Resident Occupied Lots 5 and 6; and WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommended denial of the requested modification of approved design for the affordable housing units on Lots 8-11, and recommended approval for 1) an increase in floor area (FAR) by 360 square feet for Lot 7, 3) an enlargement of the building envelope on Lot 7, 4) the establishment of building envelopes for Lots 8-11, and 5) a variance from secondary mass requirement for Lots 5 and 6. WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code 456619 07/18/2001 12:02P RESOLUT! DRVI$ SILV! 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO as identified herein, has reviewed and considered the recommendation of the Con'anunity Development Director, and has taken and considered public comment at a public heating; and, WHEREAS, the Aspen Planning and Zoning Commission, acting as the Design Review Appeals Committee, has reviewed and considered the secondary mass variance request fi.om the residential design standards and has denied the variance request finding that the criteria are not met, and WHEREAS, the Planning and Zoning Commission approved, by a vote of four to zero (4 - 0) for 1) an increase in floor area (FAR) by 360 square feet for Lot 7, and approved, by a vote of four to zero (4 - 0) for 2) an enlargement of the building envelope on Lot 7, and approved, by a vote of four to zero (4 - 0) for 3) the establishment of building envelopes for Lots 8-11: and WHEREAS, the Planning and Zoning Commission unanimously denied, by a vote of zero to four (0 - 4) for the proposed redesign for the affordable housing units on Lots 8-11 and the Commission denied, by a vote of one to three (1 -- 3), the variance request for secondary mass from the residential design standards; 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 approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WItEREAS, 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN; COLO~O ~N YHE ~6Tn DAY Og JUNE 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved, by a vote of:Four to zero (4 - 0) for 1) an increase in floor area (FAR) by 360 square feet for Lot 7, and approved, by a vote of four to zero (4 - 0) for 2) an enlargement of the building envelope on Lot 7, and approved, by a vote of four to zero (4 - 0) for 3) the establishment of building envelopes for Lots 8-11, and denied, by a vote of zero to four (0 - 4) for the proposed redesign for the affordable housing units on Lots 8-11 and the Commission denied, by a vote of one to three (1 - 3), the variance request for secondary mass from the residential design standards with the following conditions: 1. That the Applicant shall record the Plat Amendments to the Barbee Family Subdivision / PUD Final Plaf within one'hundred:andkeighty (180) days of the adoption date of the Resolution established herein. Failure to file these documents within this time period shall render null and void the approval ora final development plan. The City Council may, at its sole discretion and for good cause shown, grant an I IIIIII IIIII IIIIII Illlll Illll till IIIIll III Illll till IIII 4~681~ 07/18/200~. 12:02P RESOLUT! DglV~$ SILV! 2 of 4 R 20.00 O 0.00 N 0.00 PITKZN COUNTY CO extension of the deadline, provided a written request for extension is received no less than thirty (30) days prior to the deadline. ReconsideratiOn of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording. 2. The final development plan, which shall consist, as applicable, of final plats, drawings, and agreements as described below shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. 3. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and PUD agreement; 4. That the Applicant shall amend the PUD Agreement regarding the approved changes and shall have the Agreement recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property within one-hundred-and-eighty (180) days of the adoption date of the Resolution established herein. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether ~n public hearing or doctanentation 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 Resolution 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 sha/1 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 fiffect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on June 26, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: I IIIIII Illll Illlll IIIIll lllll IIII IIIIII III IIIII IIII IIII 456619 07/18/2001 12:02P RE$OLUT! DPlVIS SILV! 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY' CO City ' ¥ Robert Blaich, Chair ATTEST: Jac~e Lothian, Deputy City Clerk I IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIIII llll IIII 456619 07/18/2001 12:02P RESOLUT! DGIVIS SILV]' 4 of 4 R 20,00 D 0.00 N 0.00 PZTKZN COUNTY CO ~ ? ......