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HomeMy WebLinkAboutresolution.apz.005-04RESOLUTION NO. 5, (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR THE PROPERTY AT 517 PARK CIRCLE, LEGALLY DESCRIBED AS THE NORTH AND SOUTH CONDOMINIUMS OF LOT 6, SUNNY PARK NORTH CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO, Parcel ID: 273 7-074-01-016/017 WHEREAS, the Community Development Department received an application from Rich Wagar, Dirk Detweiler and Deborah Burek, represented by Stan Clauson Associates, LLC for a Planned Unit Development Amendment, Subdivision and Growth Management Quota System (GMQS) Exemption to subdivide the existing duplex lot into two single-family lots and utilize the two development rights from the demolished duplex to construct two single-family residences. The PUD Amendment is requested to allow smaller than minimum lot sizes per dwelling unit and reduced front and north side yard setbacks; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire, Streets, Parks and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Planned Unit Development Amendment, Subdivision and Growth Management Quota System (GMQS) Exemption and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, PUD approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.570 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director; however, according to Section 26.304.060 of the Land Use Code the applicant has agreed to combine this administrative review with the other land use approvals sought; and, WHEREAS, the PUD Amendment and Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on February 17, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and continued the public hearing to March 2, 2004 where, by a seven to zero (7-0) vote, recommended City Council approve the PUD Amendment, Subdivision, and GMQS Exemption, with the findings and conditions listed hereinafter; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council approve the PUD Amendment, Subdivision, and GMQS Exemption for the property at 517 Park Circle, subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the 'following conditions: 1. Prior to issuance of a building permit for either or both of the proposed single-family residences: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site. b. Both of the new single-family residences shall demonstrate their compliance with the Residential Design Standards. c. An outdoor lighting plan for each residence shall be submitted. d. The building permit application must demonstrate that the landscape berms do not obstruct the site distance for vehicles leaving exiting each driveway onto the public street, to the satisfaction of the City Engineer. e. An encroachment license shall be applied for and received from the City Engineering Department for all improvements in the city fight-of-way, including the landscape berms. f. The City Parks Department shall review any landscaping and irrigation system located in the city right-of-way. g. The building permit plans shall reflect the City Municipal Code requirement that driveways must be setback at least 10 feet from the property line. h. The applicant shall be able to use the existing 6" tap to serve both proposed dwellings, but a shared service agreement will be required prior to sign off of any building permits. Plans should be submitted to the Sanitation District as early as possible in the design phase. i. All tap fees, impacts fees, and building permit fees shall be paid. 2. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. o The floor area, as defined in Section 26.575.020 oftheCity of Aspen Land Use Code, of the proposed single-family residences on the new lots shall be limited to 3,400 square feet each, which is roughly the result of a floor area ratio of .30 on the proposed lots. A note indicating this floor area limitation shall be placed on the subdivision plat. 4. The applicant shall abandon the existing tap before installing the new tap. The proposal Will require two separate taps. 5. PUD Plans shall be recorded within 180 days of the final approval by City Council. 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. o Prior to issuance of a Certificate of Occupancy for either new single-family residence on the newly created lots, the applicants shall construct a five (5) foot wide sidewalk, in compliance with City of Aspen standards, along Park Circle for the portion of the subject property that fronts Park Circle. Section 2: 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 3: 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 Commission at its regular meeting on February 17, 2004. APPROVED AS TO FORM: Dav~, Asst. C~y Attorney PLANNING AND COMMISSION: Jasmine Tygre, Chair ZONING ATTEST: ckie Lothian, Deputy City Clerk