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Home My WebLink Aboutordinance.council.043-05 Page: 1 ot' 4 01/09/2006 10:061 3ANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00 ORDINANCE NO. 43 (SER/ES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND ZONING OF R-15 PUD FOR A PORTION OF 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, PITKIN COUNTY, COLORADO. Parcel ID: 273 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 from the Aspen Consolidated Sanitation District, City Engineer/ng, 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 the. Lan,d.Use. Code, PUD Amendment Sub ',7;°; ...... ' .310, of revmwea oy the Plantain, and 7,,.;.~ ,~___ · . .,mil ~xezoning approval shall b public hearings after co~side}5'~;~;[~^~n__m~,ss.~.°n ar~cl the C~ty Council at duly notice~ ~ '~vummenaatlons ~rom the Community Development Director, and relevant referral agencies; and, WHEREAS, the PUD Amendment, Subdivision and Rezoning application was reviewed by the Planning and Zoning Commission at a public heating on September 6, 2005, where the legal noticing, mailing and posting requirements were shown to have been met, and comments from the public were heard, and the Planning and Zoning Commission approved the proposal 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 City Council conducted a public heating on October 24, 2005 and found 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 finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TItE CITY OF ASPEN 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 pursuant to the formula in Section 26.610 of the Land Use Code for any additional bedrooms that are added above what was contained within each unit of the pre-existing duplex structure. b. School Lands Dedication fees shall be paid pursuant to the formula in Section 26.630 of the Land Use Code. The applicant shall be responsible for providing the Zoning Officer with the applicable submittal requirements, appraisal and other necessary information for calculating the fee. c. The residences shall be in compliance with the Residential Design Standards. d. An outdoor lighting plan for each residence shall be submitted. e. 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. f- 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. g. The City Parks Department shall review any landscaping and irrigation system located in the city right-of-way. h. The applicant shall be able to use the existing 6" sanitary sewer line 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, as applicable at the time of building permit application. A PUD/subdivision agreement, subdivision plat and PUD plans shall be recorded in the office of the Pitkin County 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 3,400 square feet for Lot 1 and 3,400 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 -2- Page: 3 of' 4 01/09/2006 10:06~ JANICE K VOS CAUDILL PITKIN COUNTY CO R 21,00 D 0,00 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 and the rear yard setback shall be a minimum of 25 feet. A plat note indicating this floor area, lot size and setback limitations and allowances shall be placed on the subdivision plat. Pursuant to the Land Use Code Section 26.470.040. B. 1, for employee mitigation the applicant shall provide appropriate mitigation, for any net increase in floor area of the combined new structures on Lot 1 and Lot 2 beyond the original duplex size of 5,760 square feet. The applicant shall abandon the existing water tap before installing the new tap. The proposal will require two separate taps. 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 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 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 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. Section 5: A public heating on this ordinance will be held on October 24, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 6: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of October, 2005. -3- ATTEST: ~t~ Clerk FINALLY, adopted, passed and approved by a vote of four to zero (4-0), this 24m day of October, 2005. elen Kalin ~l~t'~ert~, Mayor Approved as to form: 1~. ~iToltce'ste~, City Attorney Page: 4 o{' 4 01/09/200~i 10:061 JANIGE K VO$ CAUDILL PITKIN COUNTY CO R 21.00 o 0.00