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Home My WebLink Aboutordinance.council.010-04 .r'\ ORDINANCE NO.1L-, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMltNT AMENDMli:NT,SlJBDIYISION, AND GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR TH.E.PR()J.>ERTY AT 517 PARK CIRCLE, LEGALLY DESCRIBED AS THE NORTH AND SOUTH CONDOMINIUMS OF LOT 6, SUNNY PARK NORTH CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, CO~ORADO. .1!1'[II(fllUJ!!~ln~ Hili ~IIIIIIIIIIIIII ~~r/;~::9' 19, ..,. . '.. .. R21. 00. 0 0.00 ParcelID: 2737-074-01-016/017 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, ~. \VII"E:.IlEAS, 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 Lanq 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, Sllbdivision 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, -8- II 11I1 II II II I " II 111111 II I I 1111 ~~;~1~:!:. I. SII_VIA DAVIS PITKIN COUNTY CO R 21.~0 0 0.00 _-./ according to Section 26.304.060 of the Land Use Code the applicant has agreed to coITibine 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 (2 _Q) vote, recommended City Council approve the PUD Amendment, Subdivision, and GMQS Exemption, with the findings and conditions listed hereinafter; and, WHEREAS, the City of Aspen City Council 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, the City of Aspen City Council reviewed and considered the development proposal at a regular City Council meeting on April 19, 2004 and, by a vote of - to _ C - -.J, approved this Ordinance (on Second Reading) for a PUD r"\ Amendment, Subdivision, and GMQS Exemption; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE HE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The approval is slfbject to the following conditions: 1. Prior to issuance of a building permit for either Or both' of the proposed single- family residences: r'\ 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 exiting each driveway onto the public street, to the satisfaction of the City Engineer. - 9- '"'''''' "" 111111' n ~~;~~~:! :9"9 SILVIA DAVIS PITKIN COUNTY CO R 21.00 0 0 e. An encroachUlent license shall be applied for and received from the City Engineering Department for all improvements in the city right-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. 1. 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. 3. The floor area, as defined in Section 26.575.020 of the City 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. 6. 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. 7. 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 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 repea1ed or amended as herein provided, and the same shall be conducted and concluded under such prior orciinances. - 10- Section 3: 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 ~. 11111111 II 1I1111111J JJ.J;~~i~:t:919' SILVIA DAVIS PITKIN COUNTY CO . INTRODUCED, READ AND ORDEREJj PUBLISHED as provided by law, by the City' Council of the City of Aspen on this 22nd day of March, 2004. ATTEST: ~Jr~A FINALLY, ADOPTED, PASSED, AND APPROVED this 19th day of April, 2004. APPROVED AS TO FORM: -"~~ //,~." .. ',/ / ,~ . -'''''' <:roTIi:1Worcestor, City Attorney ,-.., - 11 -