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HomeMy WebLinkAboutcoa.lu.ex.Fisher Mandatory PUD . . , No. 51-80 . . CASE LOAD SUMMARY SHEET City of Aspen 1. DATE SU8MITTED: 9/15/80 STAFF: 'lIppy "iRR 2. APPLICANT: John E. Fisher. Box 15059, A5p~n 3. REPRESENTATIVE: 4. PROJECT NAME: Fisher Exemption from Mandatory Plm 5. LOCATION: Lot 6. Sunnv Park North SIlbdivi5inn 6. TYPE OF APPLICATION: Subdivision Exception Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline View Plane ____Conditional Use ____Other Rezoning P.U.D. Special Review Growth Management HPC 7. REFERRALS: Sanitation District School District Fire Marshal ____Rocky Mtn. Nat. Gas Parks ____State Highway Dept. Holy Cross Electric ____Other Mountain Bell J-Attorney J-Engineering Dept. ____Housi ng ____Water ____City Electric 8. REVIEW REQUIREMENTS: P & Z only ~ 1'" ..... /", "-' f I t , I I 9. DISPOSITION: P & z J . . Date () d-o ~ '1 j 1'1>.-0 Approved / Denied Lo -SL,.\ CD -'> ". 1. The applicant agreeing to enter into a sidewalk, curb and gutter improvement district in the event one is formed. 2. The revision and resubmission 'of the applicant's site plan to include a parking arrangement that requires only one driveway when future curb and gutter are constructed. 3. No structure being.constructed within thirty feet of the northeasterly propertly 1 i ne in order to provi de suffi ci ent right-of-way in the event Park Circle is extended. . 4. The appl i cant granti ng a 10-foot util ity easement along the north- easterly property line for future water main extension. I 5. The submission and approval of a grading plan insufficient detail to indicate the proposed cut and fill and the impact of drainage on the site. 6. The submission of a site plan to indicate the proposed revegetation in the event it is required. 7. The proposed structure otherwise complying with all area and bulk requirements of the R-15 zone. 10. ROUTING: JAttorney ~Uilding / Engineering Other , ,JJL7L~U-,:r -C,I t>~J' :l, {, >U (IL'~ I I-',Jr .J 'if C J' L. o"/J _.' l AGREEMENT AGREEMENT dated and entered into on //(!b.flti) /1, 1980, between the City of Aspen, hereinafter called the "City", and John E. Fisher, hereinafter called the "applicant". WHEREAS, the applicant is the owner of a parcel of land located in the City of Aspen, Pitkin County, colorado, more particularly described as: Lot 6 Sunny Park North Subdivision Pitkin County Colorado and WHEREAS, the applicant has proposed the construction of a duplex upon said property; and WHEREAS, the applicant has requested an exemption from mandatory planned unit development; and WHEREAS, the Aspen Planning and Zoning Commission has determined that the proposed development of the duplex located on said property meets the objectives of planned unit development and therefore compliance with Article VIII of Chapter 24 of the Municipal Code of the City of Aspen is not necessary. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the parties agree as follows: The City agrees that the applicant shall not be required to proceed according to said Article VIII of Chapter 24 as a planned unit development in the construction of the duplex on said property, upon the following terms and conditions. 1. The applicant agrees to join in any improvement district for construction of street impro~ements (including curbs, gutters, sidewalks) or to reimburse the City directly if he should choose to construct these improvements without formation of such a district, and applicant agrees to join any improvementaistrict for future drainage and underground '. . --- . " " ..t .' -l""" .. ,', '. " /,'"' utilities improvements. This provision is to be a covenant which runs with the land. 2. The applicant agrees that no structure shall be constructed, upon the property, within thirty (30) feet of the northeasterly property line. This restriction is to be a covenant which runs with the land. 3. The applicant agrees to grant, by deed, a ten (10) foot utility easement along the northeasterly property line for future water main extension. This agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, assigns and successors in interest of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first hereinabove written. tl~,.?/ /J , ~/~tl-A- Herman Edel, Mayor ATTEST: &~ R &A~ Robin R. Berry , Deputy City Clerk ~ OU 'i1! . "-^^--" (\ -, \..L..-..-- I 16 cJ J E. Fisher~ STATE OF COLORADO) )SS: COUNTY OF PITKIN ) / ~ The foreg tn instrument was acknowledged 1 } day of v Lu...J, 1980, by Herman Edel, Berry, Deputy 1ty C er . My Commission expires:~J~0/;rJ Witness my hand and officiaz seal. / JI Notar before me this Mayor, and Robin R. 1 .) -. ,The foreg~in~ ! / /" day of />1' My Commission instrument was acknowledged before , 1980, by John E. Fisher. expires: II-/i -',rJ me this Witness my hand and official/seal. /, /J ;/ J../ ,/-,;:p' I ,: ... / t~ / '~;-r.----. ..:~::;'~~ j Notary PybJ,.i:c,' '/ ... : ". . -2- '. ~ :,' .- ":.~~ ~ -'" ,r',,",. "-.,J MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Sunny Vann, Planning Office-7V RE: Fisher Mandatory PUD Exemption DATE: October 3, 1980 The attached letter of application requests exemption from the mandatory PUD requirements of the Aspen Municipal Code for the construction of a duplex on Lot 6 of the Sunny Park North Subdivision. The lot is located at the end of Park Circle at the base of Smuggler Mountain and is zoned R-15, Manda- tory PUD. Lot 6 totals approximately 22,669 square feet. The mandatory application of slope reduction criteria, however, reduces the net buildable lot area to approximately 16,485 square feet. The proposed development is located in excess of 150 feet below the 8040 foot elevation and is therefore exempt from compliance with 8040 Greenline review. In order for an applicant to be exempted from mandatory PUD, the Planning and Zoning Commission must determine that the proposed development meets the objectives of Planned Unit Develop~ent, and therefore compliance with PUD requirements is unnecessary. Additional criteria, which are essentially the same as the 8040 Greenline criteria, have been established for those areas designated mandatory PUD. In general, these criteria address such factors as the ability to provide adequate utility service, the suitability of the site for development, and the impact of development both visually and on the natural features of the terrain. The Planning Office and Engineering Department have reviewed the applicant's request for an exemption from mandatory PUD, and our comments are summarized as follows: 1. Slope reduction calculations result in sufficient square footage to permit construction of a duplex on the lot. 2. Utilities exist to service the proposed development. 3. Soil test results indicate that the site is suitable for construc- tion of the proposed duplex. 4. Existing access is utilized to minimize site disruption. 5. The proposed structure appears to comply with all area and bulk requirements of the R-15 zone district. 6. Sufficient access to the property is available from Park Circlelto insure fire protection, snow removal and road maintenance. In view of the above, both the Engineering Department and the Planning Office recommend that the applicant's request for exemption from mandatory PUD be approved subject to the following: 1. The applicant agreeing to enter into a sidewalk, curb and gutter improvement district in the event one is formed. 2. The revision and resubmission of the applicant's site plan to include a parking arrangement that requires only one driveway when future curb and gutter are constructed. 3. No structure being constructed within thirty feet of the northeasterly propertly line in order to provide sufficient right-of-way in the event Park Circle is extended. 4. The applicant granting a 10-foot utility easement along the north- easterly property line for future water main extension. , ~,# Memo: ~her Exemption from PUD Octobe~3, 1980 Page Two ~ 5. The submission and approval of a grading plan i,n sufficient detail to indicate the proposed cut and fill and the impaot of drainage on the site. 6. The submission of a site plan to indicate the proposed revegetation in the event it is required. 7. The proposed structure otherwise complying with all area and bulk requirements of the R-15 zone. The Planning Office further recommends that the applicant'ts request for appro- val be conditioned upon the above conditions being satisfactorily met prior to issuance of a building permit. " ~ ME~IORANDUM TO: Aspen Planning and Zoning Coninission FROM: Sunny Vann, Planning Office-?V RE: Fisher Mandatory PUD Exemption DATE: October 3, 1980 The attached letter of application requests exemption from the mandatory PUD requirements of the Aspen Municipal Code for the construction of a duplex on Lot 6 of the Sunny Park North Subdivision. The lot is located at the end of Park Circle at the base of Smuggler Mountain and is zoned R-15, Manda- tory PUD. Lot 6 totals approximately 22,669 square feet. The mandatory application of slope reduction criteria, however, reduces the net buildable lot area to approximately 16,485 square feet. The proposed development is located in excess of 150 feet below the 8040 foot elevation and is therefore exempt from compliance with 8040 Greenline review. In ord€r for an applicant to be exempted from mandatory PUD, the Planning and Zoning Commission must determine that the proposed development meets the objectives of Planned Unit Development, and therefore compliance with PUD requirements is unnecessary. Addi'tional criteria, which are essentially the same as the 8040 Green.line criteria, have been established for those areas designated mandatory PUD. In general, these criteria address such factors as the ability to provide adequate utility service, the suitability of the site for development, and the impact of development both visually and on the. natural features of the terrain. The Planning Office and Engineering Department have reviewed the applicant's request for an exemption from mandatory PUD, and our comments are summarized as follows: 1. Slope reduction calculations result in sufficient square footage to permit construction of a duplex on the lot. 2. Utilities exist to service the proposed development. 3. Soil test results indicate that the site is suitable for construc- tion of the proposed 'duplex. 4. Existing access is utilized to minimize site disruption. 5. The proposed structure appears to comply with all area and bulk requirements of the R-15 zone district. 6. Sufficient access to the property is available from Park Circle.;to insure fire protection, snow removal and road maintenance. In view of the above, both the Engineering Department and the Planning Office recommend that the applicant's request for exemption from mandatory PUD be approved subject to the following: ~. :he applicant.agr~ein~ to enter into a.sidewalk, curb and gutter , lmprovement dlstrlct ln the event one lS formed. 2. The revision and resubmission of the applicant's site plan to include a parking arrangement that requires only one driveway when future curb and gutter are constructed. ~: No structure being constructed within thirty feet of the northeasterly propertly line in order to provide sufficient right-of-way in the event Park Circle is extended. ~4. The applicant granting a IO-foot utility easement along the north- easterly property line for future water main extension. ,.-- ,- ~lelllo: Fishel' Exemption from PUD October 3, , "30 Page Two . '" .,ublllission and approval of a grading 'plan in sufficient detail , ,licate the proposed cut and fill and the impact of drainage lit '.!ll' site. , ,h,llSsion of a site plan to indicate the proposed revegetation .~:'('\('nt it is required. ," ":2d structure otherwise complying ~lith all area and bulk , '" ;':'d' of the R-15 zone. ,., " ".1l'ther recommends that the appl icant I ts request for appro- ,~ ":~n the above conditions being satisfactorily met prior : ,:,' i ng permi t. .~ .. -' . PEN MEMORANDUM TO: Sunny Vann, Planning Office FROM: Louis Buettner, Engineering OffiC~~ DATE: September 26, 1980 RE: Fisher Mandatory P.U.D. Exemption After having reviewed the survey plat, exemption application and soil report for above exemption, and also having made a site inspection, the Engineering Department recommends that the P.U.D. exemption be approved with the following conditions: 1. Owner/applicant agreeing to enter into a sidewalk curb and gutter improvement district agreement to be a covenant on the property. 2. A design change be made in the parking so that only one driveway be required when future curb and gutter is constructed, as per Section 19-101 of the municipal code. 3. No structure be constructed within 30 feet of the northeasterly property line, this being a covenant on the property. 4. Owner/applicant grant a 10 foot utility easement along the northeasterly property line for a future water main extension. TO: Planning and Zoning Commission City of Aspen FROM: John E. Fisher ~ SUBJECT: Application for exemption from mandatory PUD DATE: September 12, 1980 I hereby make application for exemption from mandatory PUD restrictions for Lot 6 Sunny Park North Subdivision. The planned duplex structure complies with all objectives of planned unit development. Therefore, the following statements support this application: (1) The slope reduction calculations resulted in sufficient square footage to permit a duplex structure on the lot. (See attached survey) (2) The soil test results indicated the site to be suitable for construction of the proposed duplex. (See enclosed report) (3) The location of the structure makes use of existing access so as not to disturb existing trees and natural landscaping. (4) The proposed structure still complies with all setback requirements as set forth in the R-15 guidelines. (5) Two off-street parking areas for each half of the duplex will be provided as well as a single car garage for each half. (6) Emergency vehicles will have easy access to the structure from Park Circle off of Park Avenue. (7) City water is available at corner of lot. (8) City sewer is available in middle of Park Circle Avenue. The proposed structure is a duplex that is to be identical on both sides. One-half of the duplex is a Scholz plan (see plans) that is to have a single car garage. Both halves of the duplex will be joined by a common wall at the garage. Each half of duplex will be three bedroom, two bath, living/dining area, kitchen and basement under the main structure on each side. ~', ~~ MEMORANDUM TO: (Acting) City Attorney, Bob Edmondson City Engineer, Dan McArthur FROM: Sunny Vann, Planning Office RE: Fisher Exemption from Mandatory P.U.D. DATE: September 16, 1980 The attached application requests exemption from mandatory P.U.D. designation as described in Section 24-8.13 of the Municipal Code. This itemis scheduled to come before the Aspen Planning and Zoning Commission on October 7, 1980; therefore, may I please have your comments concerning this application no later than September 26, 1980? Thanks.