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HomeMy WebLinkAboutresolution.apz.037-05RESOLUTION NO. 37 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE PROPOSAL TO SUBDIVIDE THE PROPERTY AT 202 NORTH MONARCH STREET INTO TWO PARCELS OF LAND, CREATING LOTS 1 AND 2, OF THE 202 NORTH MONARCH STREET SUBDIVISION , CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-073-17-005 WHEREAS, the Community Development Department received an application submitted by Blu Vic, LLC, represented by Stan Clauson and Associates, lnc, requesting to subdivide the property located at 202 N. Monarch Street (Lots K-O, Block 78, City and Townsite of Aspen), to create Lots 1 and 2 of the 202 N. Monarch Street Subdivision; and, WHEREAS, the fathering parcel has a split zoning with the westernmost %000 square feet (Lots K-M) being zoned R-6 (Medium Density Residential) and the easternmost 6,000 square feet (Lots N-O) being zoned Mixed Use (MU); and, WHEREAS, the proposed Lot 1 is to contain 9,000 square feet and maintain the R-6 (Medium Density Residential) zoning designation that the land currently contains; and, WHEREAS, the proposed Lot 2 is to contain 6,000 square feet and maintain the Mixed Use (MU) zoning designation that the land currently contains; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision; and, WHEREAS, the application requested the ability to open and improve the western 105 feet of the unopened alleyway in Block 78, of the City and Townsite of Aspen to access the both of the parcels proposed in the subdivision; and, WHEREAS, the Planning and Zoning Commission expressed that they supported keeping the alleyway closed and providing for vehicular access from E. Bleeker Street to the new parcels to be created; and, WHEREAS, during a duly noticed public hearing on November 22, 2005, the Planning and Zoning Commission opened and continued the hearing until December 6, 2005; and, WHEREAS, during a continued public hearing on December 6, 2005, the Planning and Zoning Commission approved Resolution No. 37, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve the proposed Subdivision with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning 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 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 CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Code Section 26.480, Subdivision, the Planning and Zoning Commission recommends that City Council approve the 202 N. Monarch Street Subdivision, subdividing the parcel located at 202 N. Monarch Street into 9,000 square foot parcel (Lot 1 of the subdivision) and a 6,000 square foot parcel (Lot 2 of the subdivision), with the conditions contained herein. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Dimensional Requirements Development on Lot 1 of the Subdivision shall conform to the dimensional requirements of the Rd6 (Medium Density Residential) Zone District. Development on Lot 2 of the Subdivision shall conform to the dimensional requirements of the Mixed Use (MU) Zone District. Section 4: Growth Management Allotments Since the Applicant is not proposing any development on Lot l of the subdivision at this time and there is not a specific development plan proposed on Lot 2 of the subdivision, any future development within the subdivision shall require receipt of applicable growth management allocations prior to submitting for a building permit. Section 5: Historic Preservation Review Any new development on Lot 2 of the subdivision shall be subject to review and approval by the Historic Preservation Commission for a Certificate of Appropriateness for Major Development. Section 6: Sidewalk~ Curb~ and Gutter Prior to issuance of a certificate of occupancy for any new development within the subdivision, the Applicant shall have installed an attached sidewalk meeting the City Engineer's design requirements along the entire lot frontage abutting both East Bleeker Street and North Monarch Street. The Applicant shall consult with the Parks Department in designing and installing the sidewalks in order to preserve the significant lilacs that exist along East Bleeker Street and the Silver Maple trees and Siberian Elm trees that exist along North Monarch Street. Additionally, prior to issuance of a certificate of occupancy on any new development within the subdivision, the Applicant shall upgrade the curb and gutter along the entire lot frontage abutting both East Bleeker Street and North Monarch Street to meet the City Engineer's design requirements. Section 7: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School Lands Dedication, the Applicant shall pay a fee-in-lieu of land dedication in conjunction with any residential development in the subdivision. Prior to building permit issuance on any residential development within the subdivision, the Applicant shall pay the school lands dedication fee associated with the subdivision as calculated by the City Zoning Officer using the dedication schedule in place at the time of building permit issuance as set forth in Land Use Code Section 26.630.030, School Lands Dedication: Dedication Schedule. Section 8: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee at the time of building permit issuance for any construction within the subdivision that adds new residential/lodge bedrooms and/or commercial/office square footage. The City Zoning Officer shall calculate the amount due using the fee schedule in place at the time of building permit as set forth in Land Use Code Section 26.610.030, Park Development Impact Fee: Fee Schedule. Section 9: Sewer Line Extension The Applicant shall be required to provide a main sewer line extension to serve Lot 2 of the subdivision, subject to the review and approval of the Aspen Consolidated Sanitation District, prior to the development of Lot 2. The Applicant shall submit a detailed service plan for review and approval by the Aspen Consolidated Sanitation District prior to building permit submittal on Lot 2. Section 10: Fire Sprinklers Development on Lot 2 shall contain fire sprinklers and a fire alarm system meeting the requirements of the Fire Marshall. Section 11: Landscaping The Applicant shall submit a tree protection review plan and a tree permit for any new development within the subdivision. The Applicant shall also submit a landscape- planting plan for improvement of the City right-of-way for the entire lot frontage abutting both East Bleeker Street and North Monarch Street that will be reviewed by the Parks Department in conjunction with submitting a building permit application for new development in the subdivision. Section 12: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: 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 14: 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 Planning and Zoning Commission of the City of Aspen on this 6th day of December, 2005. APPROVED AS TO FORM: Cit~ Attorney PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ATTEST: kie Lothian, Deputy City Clerk