HomeMy WebLinkAboutresolution.apz.029-05RESOLUTION NO. 29,
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE ASPEN CITY COUNCIL OF A
PLANNED UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND
ZONING OF R-15 PUD FOR THE PROPERTY AT 517 PARK CIRCLE,
LEGALLY DESCRIBED AS THE NORTH AND SOUTH CONDOMINIUMS OF
LOT 6, SUNNY PARK NORTH CONDOMINIUMS AND PARCEL #3 SUNNY
PARK NORTH CONDOMINIUMS, CITY OF ASPEN, PITI(IN COUNTY,
COLORADO.
Parcel ID: 2 73 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
Rezoning to subdivide the existing single family lots to expand their size, allow for a
PUD Amendment to allow smaller lots sizes and a front yard setback variation and
rezone the newly annexed land (Parcel #3, Sunny Park North Condominiums); and,
WHEREAS, the Community Development Department received referral
comments fi'om the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire, Streets, Parks and Water Departments as a result of the Development
Review Committee meeting from the applicants proposal of 2004 and used the comments
as appropriate for the 2005 application; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the proposed Planned Unit Development Amendment, Subdivision
and Rezoning and recommended approval with conditions; and,
WHEREAS, pursuant to Section 26.445, Section 26.480 and Section 26.310, of
the Land Use Code, PUD Amendment Subdivision and Rezoning approval shall be
reviewed by the Planning and Zoning Commission at a duly noticed public hearing after
considering recommendations from the Community Development Director, and relevant
referral agencies; and,
WHEREAS, the PUD Amendment, Subdivision and Rezoning review by the
Planning and Zoning Commission requires a public hearing and this application was
reviewed at a public hearing where the legal noticing, mailing and posting requirements
were shown to have been met, and comments from the public were heard; and,
WHEREAS, during a regular meeting on September 6, 2005, the Planning and
Zoning Commission opened a duly noticed public hearing to consider the project and
approved the proposl by a vote of five to one (5-1) after making appropriate findings and
placing conditions on the approval; and,
WHEREAS, the City of Aspen Planning Commission 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 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 BY THE ASPEN of CITY PLANNING
AND ZONING COMMISSION THAT:
Section 1:
The approval is subject to the following conditions:
1. Prior to issuance of a building permit:
a. Park Dedication fees shall be paid for any additional bedrooms that are added
above and beyond what currently exists on the site.
b. The 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.
e. An encroachment 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.
i. All tap fees, impacts fees, and building permit fees shall be paid.
A subdivision agreement and plat shall be recorded in the office of the Pitkin Cotmty
Clerk and Recorder within 180 days following City Council approval.
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
4,462 square feet for Lot 1 and 4,275 square feet for Lot 2 and otherwise be
incompliance with the underlying zone district dimensional requirements except
for the front yard setback and lot size. The subdivided size of Lot 1 shall be
14,458 square feet, and the subdivided size of Lot 2 shall be 14,652 (minor
changes due to surveying are acceptable). The front yard setback may be varied
from 25 feet to 10 feet. A note indicating this floor area, lot size and setback
limitations and allowances shall be placed on the subdivision plat.
The applicant shall abandon the existing tap before installing the new tap. The
proposal will require two separate taps.
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 Coanty subsequent to receipt of a development order, or prior to issuance
of a building permit.
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:
The land described as Parcel #3, Sunny Park North Condominiums is hereby zoned R-15
PUD pursuant to the City of Aspen Land Use Code and the Community Development
Director shall cause the Official Zone District Map to amended to reflect such change.
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.
Section 5:
This approval is dependent upon the approval by the City of Aspen City Council of the
annexation of the Parcel #3, Sunny Park North Condominiums land.
APPROVED BY THE PLANNING AND ZONING COMMISSION of the City of
Aspen on this 6th day of September, 2005.
APPROVED AS TO FORM
Attorney
ATTEST:
'~ckie Lothian, Del~uty City Clerk
PLANNING AND ZONING
COMMISSION
Jasmine Tygre, Chair