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HomeMy WebLinkAboutresolution.apz.009-03 RESOLUTION NO. 9 (SERI~S OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE PROPOSAL TO SUBDIVIDE LOTS 4A AND 5A, OF THE INDEPENDENCE NO. 2 SUBDIVISION TO CREATE LOTS 1, 2, AND 3, OF THE PARK-DALE SUBDIVISION, CITY OF ASPEN, PITI(IN COUNTY, COLORADO. Parcel ID: 273 7-181-33-051 Parcel ID: 2 73 7-181-33-052 WI-IEREAS, the Community Development Depart~nent received an application from Coast Pacific Asset Management, Inc, represented by Mitch Haas, requesting to subdivide Lots 4A and 5A, of the Independence No. 2 Subdivision to create Lots 1, 2, and 3, of the Park-Dale Subdivision; and, WHEREAS, the subject properties are zoned R-6 (Medium-Density Residential); and, WHEREAS, the proposed lots are to contain 6,000 square feet (Lot 1), 6,921 square feet (Lot 2), and 9,000 square feet (Lot 3) respectively; and. WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision; and. WHEREAS, during a duly noticed public hearing on March 18, 2003, the Planning and Zoning Commission approved a resolution, by a five to one (5-1) vote, recommending that City Council approve the proposed Subdivision with conditions; ,and, WltEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Plann/mg and Zoning Commission fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the developmem proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WltEREAS, the 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 RESOLED BY THE CItY OF .~SpEN PLANNING AND ZONING COMMISSION A~S FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the Planning and Zoning Commission reCOmmends that City Council approve the application to subdivide Lots 4A and 5A, of the Independence No. 2 Subdivision to create Lots i, 2, and 3, 0fthe Park Dale Subdivision, with the following conditions: 1. The applicant shall record a sUbdivisi0n plat and agreement that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. 2. The applicant shall grant to the City of Aspen a five (5) foot wide general easement for future City approved improvements and snow storage along the southern property line of Lot 3 pursuant to the terms that are set forth in the apPrOVed fight-of-way improvements agreement. The dedication of this easement shail not affect the lot area for purposes of calculating allowable FAR, density, or other dimensional requirements. Additionally, the required setbacks shall be calculated from the property line. The applicant shall improve this easement with a compacted gravel shoulder along Dale Avenue to Provide roadside drainage and pavement protection. This easement shall be dedicated on the final sUbdiviSion plat. 3. The applicant shall sign a sidewalk, curb, and gutter agreement to install future City approved sidewalk, curb, and gutter on the adjoining/surrounding right-of-ways prior to recording a subdivision agreement and Plat. 4. The applicant shall relocate the existing sewer line that runs under the proposed Lot 3 along Dale Avenue back into the Dale Avenue Right- of-Way at the applicant's expense prior t° issuance of a building permit on Lot 3 of the subdivision. The sewer line shall be relocated in a manner that allows for a ten (10) foot separation distance to be maintained between the water and sewer lines. 5. The applicant shall install a fire sprinkler system that meets the requirements of the Fire MarShal in any of the proposed residences that exceed a gross floor area of 5,000 square feel:. 6. The applicant Shall comply With the City Of Aspen Water System Standards, with Title 25, and with the aPplicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water DePartment. 7. The applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All improvements below grade shall require the use of a pumping station. 8. The residences to be deye!0ped on the newly created lots shall meet the R-6 Zone District's dimensional requirements and comply with the residential design standards or obtain a variance therefrom. 9. The applicant shall pay a proportionate amount of all applicable impact (Park Development Impact and School Land Dedication) fees prior to issuance of a building permit for each residence within the subdivision. 10. The applicant shall install an underground outlet and streetlight circuit from the transformer located adjacent to Park Avenue and E. Hopkins Avenue when the overhead utility lines are placed underground. 11. Vehicular access to the two (2) units to be constructed on Lot 3 shall be from a common driveway that enters off of Dale Avenue. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the Planning and Zoning Commissiun 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 shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this ~esolution is for any reason held invalid or unconstitutiona! 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of March, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~ Ci~ Attorney -- ~] Jasmine Tygre, Chair ATTEST: ckie Lothian, l~eputy City Clerk