HomeMy WebLinkAboutresolution.apz.033-04RESOLUTION NO. 33
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING CITY COUNCIL APPROVE A FOURTEEN
LOT SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM
EXEMPTIONS, AND AMENDMENTS TO THE LAND USE CODE FOR THE
FOX CROSSING SUBDIVISION LOCATED BETWEEN LONE PINE ROAD
AND RACE ALLEY BETWEEN WALNUT STREET AND RACE STREET, 525
RACE ALLEY, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID:
Griffith Lot #1 - 2737.073.91.001
Griffith Lot #2 - 2737.073.91.002
Railroad Parcel - 2737.073.00.020
North Cabin plus Historic House - 2737.073.00.021 & 2737.073.00.022
South Cabin plus New House - 2737.073.00.023 & 2737.073.00.024
Vacated Walnut Street - 2737.073.00.026
Bennis Property - 273707300045
Garage Parcel - 2737.073.03.030
WHEREAS, the Community Development Department received an application
from Walnut Properties, LLC, represented by Stan Clauson and Associates, requesting
approval of a Subdivision, including Lot Split approvals and Lot Line Adjustment
approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to
the City of Aspen Land Use Code for a fourteen lot subdivision, one lot proposed as a
park and thirteen tots for development, situated between Lone Pine Road and Race Alley
and between Walnut Street and Race Street as depicted in Exhibit A to this resolution;
and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, City Parks,
Building Department, Fire District, and the Water Department as a result of the
Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the application and recommended approval with a series of
conditions; and,
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to
the Land Use Code, Section 26.470 (Growth Management Quota System Exemptions),
and Section 26.480 (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, the Planning and Zoning Commission finds that the development
review standards for Growth Management Quota System (GMQS) Exemptions,
P&Z Resolution No. 33,
Series of 2004. · Page 1
Subdivision approval, and a Amendments to the Land Use Code have been met, as long
as certain conditions, as listed hereinafter, are implemented; and,
WHEREAS, during a regular meeting on October 12, 2004, and continued to
November 2, 2004, and continued to November 16, 2004, and continued to November 30,
2004, and continued to December 7, 2004, the Planning and Zoning Commission opened
a duly noticed public hearing to consider the project and recommended City Council
approve the Growth Management Quota System (GMQS) Exemptions, Subdivision, and
Amendment to the Land Use Code by a five to zero (5-0) vote, with the findings and
conditions listed hereinafter; and,
WHEREAS, 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 RESOLVED that the Planning and Zoning Commission
recommends City Council approve the Growth Management Quota System (GMQS)
Exemptions, grant Subdivision approval, and Amend the City of Aspen Land Use Code
as described herein, subject to the conditions listed below.
Section 1: Subdivision Approval
The Fox Crossing Subdivision and the Griffith
lots:
Subdivision shall consist of the following
Fox Crossing Lot #1 Lot size = 10,331 sf
Fox Crossing Lot #2 Lot size = 7,510 sf
Fox Crossing Lot #3 Lot size = 6,010sf
Fox Crossing Lot #4 Lot size = 6,010 sf
Fox Crossing Lot #5 Lot size - 6,016 sf
Fox Crossing Lot #6 Lot size = 6,068 sf
Fox Crossing Lot #7 Lot size = 6,007 sf
Fox Crossing Lot #8 Lot size = 6,749 sf
Fox Crossing Lot #9 Lot size = 6,945 sf
Fox Crossing Lot #10 Lot size = 11,631sf
Fox Crossing Park Parcel Lot size = 9,044 sf
Griffith Lot #1 Lot size - 9,849 sf
Griffith Lot #2 Lot size = 10,000 sf
Griffith Lot #3 Lot size = 15,065 sf
The lot sizes may vary slightly and the final subdivision plat shall prevail upon
discrepancy. The allowable Floor Area for each parcel shall be pursuant to the R6 Zone
District regulations, the Lot Area of each parcel, bonus floor area granted by the Historic
P&Z Resolution No. 33,
Series of 2004. Page 2
Preservation Commission, and the proposed use. The Park Parcel shall have no
development right other than for open space/park use.
Fox Crossing Lots #5, #6, and the Park Parcel shall be designated Historic Landmark
properties and subject to development review regulations of Section 26.415 of the City of
Aspen Land Use Code.
Fox Crossing Lots #1, #2, #10, and Griffith Lots #1, #2, and #3 may receive up to two
City of Aspen Historic TDR floor area bonuses per residence. All other parcels shall be
limited to one Historic TDR floor area bonus per residence.
Section 2: Land Use Code Amendment- Historic TDRs
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.710.040, subsection 11
R6 Zone District - as follows (bold underlined text to be added):
Floor Area Ratio fa]>Dlies to conformin~ and nonconforming lots of record):
Lot Size A Ilo~n~ FtooV:Aren~fOr !~/Ftoor Area for TWO D~ehed
(sqUare sin ~/l~?~ m fl ~ Residen ~e* ~ O~ o~e ~D~
0.- ,oo0
~ch 1® ~ lot ~ Upto ~ Squ~ ~t in lot ~a~ up to
m~imum of 2,400 squge ~ of 2~7~ squ~e ~ of floor ~ea.
3,000-6,000 2,400 squ~e feet of floor ~eh -2;700 ~u~e feet of floor ~ea, p~s
pt~ 28 squ~e f~t 0ffl00r~a sq~ fee~ of floor ama for tach M~ti~l
for tach Mdition~ !~0 ~q~e 10~ ~uare ~t in lot ~ea, up tb a m~
feet in lot ~ia, uP to a m~ of 3}~00 sq~e feet offloor ~ea.
of 3,240 squ~e feet of fl~
6,000--%000 3~240 squ~ f~t 0i~ a~ 3~6~ squ~e feet of fl~r ~ plus
p~s 1~ ~quare f~t 0~fl~rar~a s~a~feet of floor area for each a~fi~
for each ~dltbna! I~0 sq~e 100 square feet in lot arm, up tea m~imm
fee* in lot ~ea, up lo a m~m of 4,080 s~mre feet of floor ~em
of 3,660 sqmr~ f~t of floor
area.
9,000~- 3 660 sq~e f~t of fl00r ~ 4~080 squ~e f~t offl~r area, pl~s 6
15 000 plus 6 squ~e feet 6f floor ~ea fe~ of fi60r ~ for each a~itional 100
?or ~ch addifio~l:!90 ~qu~ squ~o feet in lot are~ ~to a m~im oi
feet ia lot ~ea~ UP to a mi~ ~;~0 squ~e f~ of floor ~ea.
0f 4,020 sq~ ~ of
50,000 plus 5 squ~ ~et ~flo0r a~a floor ~ea for each afidifi°n~
for each additional 100 s~e square feet in 10t ~ea, ~ to a m~m
feet in lot mg ~ toam~m 6,190 squ~e feet of floor area,
.p~.5,~70 sq~e feet 0f floor
P&Z Resolution No. 33,
Series of 2004. Page 3
*Total external floor area for multiple detached residential dwellings on one lot
shall not exceed the floor area allowed for one duplex. Total external floor area
ibr multiple detached residential dwellings on a lot less than nine-thousand
(9,000) square feet listed on the Inventory of Historic Landmark Sites and
Structures shall not exceed the floor area allowed for one detached residential
dwelling.
Each City of Aspen Historic Transferable Development Right certificate
extinguished, pursuant to Section 26.535, Transferable Development Rights, shall
allow an additional 250 square feet of Floor Area. Each residence on the parcel,
excluding Accessory Dwelling Units and Carriage Houses, shall be eligible for
one Floor Area increase in exchange for the extinguishment of one Historic TDR.
No more than one Floor Area increase shall be allowed per residence~ With the
following exception: Properties within the same Subdivision or Planned Unit
Development as a sending site may be specified as eligible for up to two {2}
Floor Area increases per residence pursuant to the Subdivision or Planned
Unit Development approval. The properties to be specified as eligible for up
to two (2} Floor Area increases per residence shall be located within the same
Subdivision or Planned Unit Development so as to enhance preservation of
the historic resource considering a recommendation from the Historic
Preservation Commission~ shall not be located adiacent to the sending site~
and shall be described and depicted in the Subdivision or Planned Unit
Development approvals granted by City Council. The total number of Floor
Area increases permitted within the Subdivision or Planned Unit
Development shall not exceed an aggregate total of one (1) per non-historic
residence within the entire Subdivision or Planned Unit Development.
Properties listed on the Inventory of Historic Sites and Structures shall not be
eligible for this Floor Area increase. Non-conforming uses and structures shall
not be eligible for this Floor Area increase.
Section 3: Land Use Code Amendment - GMQS Exemption for Preservim,
Significant Open Space Parcels
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.470.070 (G) as follows
(bold underlined text to be added):
G. (Rese~ Preservation of Significant Open Space Parcels. On a proiect specific
basis~ the City Council may exempt the development of one or more residences from
P&Z Resolution No. 33,
Series of 2004. Page 4
the provisions of this Chapter in exchange for the permanent preservation of one or
more parcels considered significant for the preservation of open space. The
preservation parcel may lie outside the City of Aspen iurisdiction. The exempted
residential units shall not be deducted from the respective annual development
allotment established pursuant to Section 26.470.040 or from the Metro Area
development ceiling established pursuant to Section 26.470.030. The exempted
residential units shall provide affordable housing mitigation~ pursuant to the
requirements of Section 26.470.070.B. Review is by City Council. The criteria for
determining the significance of a preservation parcel and the associated
development rights to ~be granted may include:
1. The strategic nature of the preservation parcel to facilitate park~ trails, or
open space objectives of the City of Aspen. This shall include a
recommendation from the City of Aspen Open Space Acquisition Board.
2. Identification of the preservation parcel as "private land with preservation
value" in the Aspen Area Community Plan or as a parcel desirable for
preservation in any other adopted master plans of the City of Aspen.
3. Proximity and/or visibility of the preservation parcel to the City of Aspen.
4. The development rights of the preservation parcel, including the allowed uses
and intensities and impacts associated with those uses if developed to the
maximum.
5. The proposed location of the parcel(s} being granted an exemption from
growth management and the compatibility of the resulting uses and
intensities of development with the surrounding neighborhood, including the
impacts from the specified method of providing affordable housine
mitigation.
6. The preservation parcel shall be encumbered with a legal instrument,
acceptable to the City Attorney, which sterilizes the parcel from further
development in perpetuity.
Section 4: Preservation of Hunter Valley Way Parcel
Pursuant to the procedures for exempting development from the scoring and competition
procedures of the Growth Management Quota System, Section 26.470.070 of the City of
Aspen Land Use Code, and pursuant to the recommended code amendment as described
in Section 3 of this Resolution, above, the Planning and Zoning Commission
recommends City Council grant three (3) development rights to the Fox Crossing/Griffith
Subdivision application in exchange for the preservation of the Hunter Valley Way
parcel, as described in the Fox Crossing Subdivision application, with the following
conditions:
1. Clear title to the Hunter Valley Way property shall be provided by the applicant
and reviewed by the City Attorney.
2. A legal encumbrance, acceptable to the City Attorney, shall sterilize the Hunter
Valley Way parcel and preclude development, other than that associated with the
maintenance of open space and trails and the development of new trails, from
P&Z Resolution No. 33,
Series of 2004. Page 5
occurring on the property in perpetuity. The encumbrance shall define
maintenance and liability obligations.
3. The City of Aspen shall be a party (but not the sole party) to the deed restriction
on the property.
4. The three (3) residential units shall be required to provide af/brdable housing
mitigation, pursuant to the requirements of Section 26.470.070.B.
Section 5: Growth Management Exemptions Required
Replacement of existing residential units requires an exemption from Growth
Management, pursuant to Section 26.470.070.B, unless the lot on which the residence is
proposed is a Historic Landmark. The parcels granted an exemption from growth
management by virtue of preserving the Hunter Valley Way open space parcel shall also
be required to obtain this additional exemption. The following proposed lots shall require
aftbrdable housing mitigation, pursuant to section 26.470.070.B: Griffith Lots 2, and 3;
Fox Crossing Lots 1,2, 3, 4, 7, 8, 9, and 10.
Griffith Lot #1 shall not be required to provide affordable housing mitigation, pursuant to
former approvals which created the lot. Proposed Lot 7 contains an existing residence
and the current floor area shall be applied as a credit towards the mitigation requirement.
The mitigation credit for the existing residence on Lot 7 may be reallocated to other lots
within the Griffith/Fox Crossing subdivisions pursuant to a letter of understanding with
the City of Aspen Zoning Officer to be completed prior to the demolition of the residence
on Lot 7.
Section 6: Impact Fees
Park Impact Fees shall be assessed based upon the following schedule:
Studio residential units $1,520 per unit
one-bedroom units $2,120 per unit
two-bedroom units $2,725 per unit
three-bedroom or larger unit $3,634 per unit
In recognition of capital improvements to the City's park and recreation system
constructed by the applicant, the City Parks and Recreation Department may reduce this
fee commensurate with the costs of those improvements.
School Impact Fees shall be assessed based on one-third the value of the unimproved land
divided by the proposed number of residential units on a per acre basis. The City of
Aspen shall verify the unimproved land value of the lands underlying the Project from
recent transactions and information from the Pitkin County Assessor. The subject
subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall
be accepted. School Impact Fees shall be specified prior to final approval.
The project shall be subject to amendments to impact fees required by the City of Aspen,
including new impacts fees or amendments to existing impact fees. Amendments to the
P&Z Resolution No. 33,
Series of 2004. Page 6
project shall require a new calculation of impact fees. Impacts fees commensurate with
each phase shall be payable upon issuance of a building permit for such phase.
Section 7: Water Department Standards
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Section 8: Sanitation District Standards
The applicant shall comply with the following Aspen Consolidated Sanitation District
rules and regulations.
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. All clear water connections are prohibited, i.e. ground water, (root; foundation,
perimeter, patio drains), including entrances to underground parking garages.
3. On-site drainage plans require approval by the district, must accommodate ACSD
service requirements and comply with rules, regulations and specifications.
4. On-site sanitary sewer utility plans require approval by ACSD.
5. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
6. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building permit.
When new service lines are required for existing development the old service line
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
8. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
9. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
10. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
11.
Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional
P&Z Resolution No. 33,
Series of 2004. Page 7
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed.
Section 9: Public Park and Trail
The developer of the Fox Crossing/Griffith Subdivision shall improve Aley Park (located
at the southwest comer of Spruce Street and Williams Way) in coordination with the City
of Aspen Parks Department with a topset monetary contribution from the developer of
$100,000.
A public access easement shall be provided across the entirety of the Fox Crossing Park
Parcel and the Pedestrian Trail connecting the park to Race Street. The form and content
of the easement shall be acceptable to the City Parks Department and the City Attorney
and shall be referenced in both the Subdivision Agreement and the Subdivision Plat.
There shall also be an agreement specifying ownership, use, boundaries, and maintenance
responsibilities for the Park Parcel. This trail shall be developed through the Fox
Crossing Park parcel.
Section 10: Construction Management Plan
Prior to issuance of a building permit and prior to commencement of any site/utility work,
the applicant shall submit a construction management plan for approval by the
Community Development Engineer. The plan shall include the following:
1. The primary construction access point shall be along Lone Pine Road. Race Street
and Race Alley shall not be used for contractor parking. The City prefers a
contractor parking area be designated along Lone Pine Road and on-site.
2. A lot, or several lots, shall be used as a construction staging area. The CMP
should specify the particular lot(s) and shall specify at which point a staging area
is no longer required.
3. Contractor contact information shall be provided to surrounding property owners.
In the case of Hunter Creek Condominiums, contact information may be provided
to the condominium association president rather than each individual owner. The
intent of this requirement is for the contractor to address neighborhood concerns
about construction without involving the City.
Section 11: Access Infrastructure Permit:
Prior to the construction any improvements, a licensed Contractor must obtain a City
Access-Infrastructure (A-I) permit. One Contractor will be responsible for completing
all infrastructure associated with the project. As part of the A-I Permit, the Contractor
will be required to submit a Construction Management Plan.
section 12: Hazardous Soils: This area is within the Smuggler superfund site, which
means additional permits and institutional controls are required for any work done on the
site. (See requirements outlined in the City Code.) City Environmental Health
Department - 920.5039.
P&Z Resolution No. 33,
Series of 2004. Page 8
Section 13: Streets
Race Alley/Race Street shall be designated as one-way with the direction of travel being
northbound. Race Alley shall continue to be signed for no parking on either side of the
street. Parking along the southern portion of Race Street shall be permitted. Spruce
Street shall be improved with a pedestrian sidewalk on at least one side of the street and
preferably both sides. The design, costs, and responsibility of this improvement shall be
determined prior to final approvals by City Council.
In the alternative, Race Alley and Race Street may remain two-way if a minimum 30 feet-
wide right-of-way is provided along the entire extent of these two streets with a minimum
22-foot wide paved roadway and a minimum of a 2-foot wide stabilized shoulders on
either side.
Walnut Street (the public right-of-way portion) shall maintain a twenty-one foot wide
clearance with no parking. In the alternative, parking may be permitted if the 21-foot
wide clearance is maintained and the approval of the Fire Marshall is gained. The
extension of Walnut Street to its connection with Lone Pine Road shall be developed
within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot
stabilized shoulder on both sides.
Bollards, or other physical hindrances within the rights-of-way, shall not be implemented.
Section 14: Subdivision Plat
Within 180 days after final approval by City Council and prior to applying tbr a Building
Permit, the applicant shall record a Subdivision Plat which shall comply with current
requirements of the Ci[y Community Development Engineer and shall include:
1. The final property boundaries, disposition of lands, and utility and surface
easements. Utility easements not administered by the City of Aspen shall require
approval by the particular utility provider.
2. Reference to the public easement across the Park Parcel and Pedestrian Trail.
3. A phasing plan describing the sequence of development phases and the
improvements for each phase. The City encourages the applicant to perform any
overlot grading and utility main work in the first phase.
4. Design specifications and profiles for improvements to the public rights-of-way
including geometries and turning radii.
5. A landscape plan showing location, amount, and species of landscape
improvements. An irrigation plan for the park parcel shall be included with a
signature line for the City Parks Department.
6. A utility plan meeting the standards of the City Engineer and City utility agencies.
Utility mains not administered by the City of Aspen shall require approval by the
particular utility provider. Fire hydrant(s) locations shall be identified.
P&Z Resolution No. 33,
Series of 2004. Page 9
7. A grading/drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge systems are required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements. Off-site
improvements shall be done in coordination with the City Engineer.
8. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised street and parcel boundaries to the
Geographic Information Systems Department prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
Section 15: Subdivision Agreement
Within 180 days after final approval by City Council and prior to applying fbr Building
Permit, the applicant shall record a Subdivision Agreement binding this property to this
development approval. The Agreement shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
1. The agreement shall state the ownership and maintenance responsibilities of the
common areas of the project, including commons driveways and drainage
improvements.
2. A public access easement and ownership , use, boundary, and maintenance
agreement for the Park Parcel and Pedestrian Trail, as specified in Section 9.
3. A Construction Management ?lan, as specified in Section 10.
4. In order to secure the construction, installation, and performance of the of public
improvements and facilities, including drainage improvements and landscape
improvements for each phase, the required performance guarantees shall include
and secure the estimated costs of all phases of the development.
Section 16: Fire Department
Sprinkler and fire alarms are required throughout all of the buildings. The person that
designs the sprinkler and alarm systems should meet with the Fire Marshall before
starting design. It needs to be confirmed that adequate water volume and pressure exists
for the sprinklers.
Section 17: Building Permit Requirements
The building permit application shall include/depict:
1. A signed copy of the final Ordinance granting land use approval.
2. A letter from the primary contractor stating that the approving Ordinance has been
read and understood.
3. The conditions of approval shall be printed on the cover page of the building
permit set.
P&Z Resolution No. 33;
Series of 2004. Page 10
4. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
5. A tree removal/mitigation plan for any trees to be affected by the specific phase.
6. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City, during construction.
Submission of a fugitive dust control plan to the Colorado Department of Public
Health and Environment Air Quality Control Division will also be necessary due
to the property being in excess of 1 acre.
7. A study performed by a Colorado licensed asbestos inspector detailing the
presence of asbestos. The State of Colorado must be notified and the report must
be complete prior to issuance of a building permit. Contact the City of Aspen
Environmental Health Department for state contact information.
8. If the disturbance area of a particular phase of development is over one acre, the
Contractor will need to obtain a State Storm Water Management Permit (for
erosion control) and a State Emission Permit (for dust control).
9. A construction site management and parking plan meeting the specifications of
the City Building Department
Prior to issuance of a building permit:
1. All tap fees, impacts fees, and building permit fees shall be paid for the particular
phase.
2. The location and design of standpipes, fire sprinklers, and alarm systems shall be
approved by the Fire Marshall. The Fire Department requests that sprinklers be
installed in each proposed house regardless of floor area.
Section 18: Fences
Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing
Park parcel shall be developed no higher than 42 inches and shall be subject to the
procedures and requirements of Chapter 26.415 - Development Involving Historic
Landmark Sites and Structures.
Section 19:
This Resolution shall not affect 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.
P&Z Resolution No. 33,
Series of 2004. Page 11
Section 20:
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 December 7, 2004.
APPROVED AS TO FORM:
Davf'd Hoefer, Asst. Cit~ Attorney
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
ATTEST:
/ackie Lothian, Deputy City Clerk
Exhibit A - Existing and Proposed property boundaries.
P&Z Resolution No. 33,
Series of 2004. Page 12
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