HomeMy WebLinkAboutresolution.apz.026-97 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AN AMENDMENT TO THE
OFFICIAL ZONE DISTRICT MAP FROM PARK-PLANNED UNIT
DEVELOPMENT (P-PUD) TO RESIDENTIAL MULTI-FAMILY (RMF) AND
APPROVE A CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA (SPA)
FOR A PARCEL OF LAND AT 39100 HIGHWAY $2, OWNED BY THE
POMEGRANATE CONDOMINIUM HOMEOWNERS ASSOCIATION, CITY OF
ASPEN, COLORADO
Resolution #97- o9..~
WHEREAS, The Pomegranate Condominium Homeowners Association
(Applicant) submitted an application (development proposal) to the Planning Office for a
Conceptual and Final Specially Planned Area (SPA) review and to rezone from Park-
Planned Unit Development (P-PUD) to Residential Multi-Family - Specially Planned Area
(RMF-SPA) a 1.92 tract of land, generally described as the land between the Pomegranate
Condominiums and State Highway 82 and more accurately described in Exhibit A; and,
WHEREAS, the Planning Department reviewed the development proposal in
accordance with all applicable procedure and review criteria set forth in Sections 26.28,
26.52, 26.56, 26.80, and 26.92 of the Municipal Code; and,
WHEREAS, because a full four step review might prove to be redundant and serve
no significant public interest, the Planning Director recommended a consolidated
Conceptual and Final SPA review and, in agreement with this recommendation, the
Planning and Zoning Commission reviewed the Conceptual and Final SPA concurrently;
and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing on
October 7, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the
development proposal in accordance with~ all applicable procedures and review and
recommended, by a 7-0 vote, City Council approve the Amendment to the Official Zone
District Map and the Conceptual and Final Specially Planned Area with the conditions
recommended by the Community Development Department, as amended during the public
hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Aspen City Council should amend the Official Zone District' Map from Park (P)
to Residential Multi-Family (RMF) and approve the Conceptual and Final Specially
Planned Area (SPA) Overlay for the Pomegranate parcel, 39100 Highway 82, with the
following conditions:
o
Prior to issuance of a certificate of occupancy for the garages, the applicant shall complete
and record an SPA agreement with the City in accordance with the requirements of the City
Attorney and a final plat that meets the requirements of the City Engineer.
2. The SPA Agreement and the Final Plat shall contain the following language:
Dimensional Requirements are as Follows:
Minimum Percent open space:
Minimum distance between buildings'
Maximum height:
Minimum front yard:
Minimum rear yard:
Minimum side yards:
Minimum lot width:
Minimum lot area:
Trash access area:
Internal floor area:
Number of off-street parking spaces:
35 percent.
10 feet.
28 feet for residential structure,
10 feet for garage structure.
100 feet, measured from Highway 82
Right-of-way.
10 feet.
10 feet each.
375 feet.'
As represented on final plat.
Minimum 10' wide, unobstructed.
Existing.
Minimum 1 per bedroom or 2 per
residential unit.
Uses:
Uses on the portion of the parcel within City jurisdiction shall be limited to those
permitted in the Residential Multi-Family Zone District as specified in the Aspen
Municipal Code, as amended. Uses within the front yard, the area within 100 feet of the
Highway 82 right-of-way, shall be limited to those represented on this final plat.
Density on this parcel, regardless of jurisdiction, shall be 18 residential units unless
otherwise approved pursuant to all applicable Sections of the jurisdiction's Land Use
regulations, as amended.
Amendments:
Any amendment of this SPA shall be considered pursuant to all applicable Sections of
the Municipal Code, as amended, including Section 26.80.040, as amended. In addition
to the qualifying requirements for an insubstantial amendment found in Section
26.80.040(E)(1) of the Aspen Municipal Code, the following shall be considered: An
increase by greater than one (1) percent in the overall coverage of structures on the land
shall not be considered an insubstantial amendment. A reduction by greater than one (1)
percent of the approved open space shall not be considered an insubstantial amendment.
An increase by greater than one (1) percent in the approved residential density of the
development shall not be considered an insubstantial amendment. An increase in
residential floor area greater than one (1) percent shall not be considered an insubstantial
amendment. An increase in garage floor area greater than one (1) percent shall not be
considered an insubstantial amendment. Any garage floor area converted to any other
use shall not be considered an insubstantial amendment. Any structure(s) proposed
within one-hundred (100) feet of the Highway 82 right-of-way shall not be considered an
insubstantial amendment.
.
All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED by the Commission at its regular meeting on October 7, 1997.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
Sara Garton, Chair
ATTEST'
ckie Lothian, Deputy City Clerk
MAROON CREEK CLUB, LLC LANDS TRANSFERRED TO POMEGRANATE
A tract of land situated in Lot 4 of Section 11, Township 10 South, Range 85 West of the 6th
Principal Meridian, also being within the Maroon Creek Club Subdivision, Pitkin County,
Colorado, being more particularly described as follows'
Beginning at a point from which the NW corner of said section bears S 29017'00" W 9.71 feet
and N 64°14'44" W 2353.33 feet; thence N 48°24'11" W 64.96 feet; thence N 11°56'54" W
149.77 feet; thence N 30006'33" E 195.92 feet to the southerly right-of-way line of State
Highway 82, also being the boundary of Maroon Creek Club Subdivision; thence S 60°48'00"
E 375.70 feet along said subdivision boundary; thence leaving said right of way S 18009'00'' W
176.89 feet along the easterly boundary of Maroon Creek Club Subdivision; thence S 18009'00"
W 30.96 feet; thence N 89°41 '21 "W 259.10 feet; thence N 48°24'11 "W 30.50 feet to the point
of beginning, containing 2.541 acres more or less;
Excepting therefrom the following described land'
A tract of land located in Lot 4 of Section 11, Township 10 South, Range 85 West of the 6th
Principal Meridian, Pitkin County, Colorado, being more particularly described as follows'
Beginning at a point from which the NW comer of said section bears N 64014'44" W 2353.33
feet; thence N 29017'00'' E 86.80 feet; thence N 60o43'00'' W 60.57 feet; thence N 29o17'00''
E 72.28 feet; S 60°43'00" E 311.07 feet; thence S 18°09'00" W 19.30 feet; thence N 89o35'00''
W 290.30 feet to the point of beginning, containing 0.6192 acres more or less.
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