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HomeMy WebLinkAboutresolution.apz.011-03 RESOLUTION NO. 11, (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON- CONFORMING DIMENSIONAL STANDARDS, TO EXPAND THE ALLOWABLE FLOOR AREA, AND FOR A SETBACK ENCROACHMENT FOR A ROOF STRUCTURE OVER THE EAST ENTRANCE AND AMENDMENT TO THE OFFICIAL ZONING MAP REZONING THE SUBJECT PARCEL FROM R- 6 TO R/MF FOR THE SAGEWOOD CONDOMINIUMS, 910 WEST HALLAM STREET, A PROPERTY FULLY DESCRIBED IN ATTACHED EXHIBIT A, CITY AND TOWNSITE 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 (as described in attached Exhibit A); and, WHEREAS, the CommUnity Development Department received referral comments 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 Development and Amendment to 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, 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; and, WHEREAS, the City of Aspen Planning and Zoning Commission recommends City Council approve the Planned Unit Development and Amendment to the Official Zone District Map, by a vote of four to zero ~ - _0); and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN; COLORADO ON THE 6th DAY OF MAY 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, Sagewood Condominiums, parcel identification of 2737-182-29121. the Aspen Planning and Zoning Commission recommends approval of the proposed Planned Unit Development and Amendment to the Official Zone District Map, 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 a Notice of PUD in the Clerk and Recorders office of Pitkin County subsequent to receipt of a development order, or prior to issuance of a building permit. 4. Prior to sign-off on any future building permits, the owners of illegal balcony enclosures shall be required to submit the necessary permits to the Aspen Building Department to authorize the deck enclosures 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 property and shown on the Final PUD Plan. If no adequate on-site dumpster location can be found, then an encroachment license from the City of Aspen Engineering Department shall be necessary, to allow the dumpster to be stored in 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, such lighting will be required to brought into compliance at that time. Section 2: All material representations and commitments made by the applicant pursuant to this application, wheth~ in public hearings 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 ~ntity. 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 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. APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN AT ITS REGULAR MEETING ON THIS 6TM DAY OF MAY, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City"~Attomey Jasmine Tygre, Chair ATTEST: J~kie Lothian, Deputy City Clerk EXHIBIT "A" All eleven (11) condominium units as shown on the Condominium Map for the "Sagewood CondominiumsU, appearing in the records of the County'Clerk and Recorder of Pitkin County, Colorado in Plat Book 4 at Page 449, and as described in that Condominium declaration for "Sagewood Condominiums Association", appearing tn 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 exceptions ora parcel of Iand lying on 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 at the southwest comer of said lot Q, Block 4, Township of Aspen; thence south 75° 09'11' east 7.16 feet; thence northerly to a point 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 point of beginning.