HomeMy WebLinkAboutLanduse Case.CO.125 Park Ave.A066-97
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MEMORANDUM
TO:
Stan Clauson, Community Development Director
THRU:
FROM:
Julie Ann Woods, Deputy Director
Mitch Haas, Planne~~
Park Dale Townhomes, Condominiumization
RE:
DATE:
September 9, 1997
On behalf of the Park Dale Townhomes, Gary Nichols has applied for an
insubstantial plat amendment to condominiumize the Park Dale Townhomes, '
which are located at 125 Park Avenue and 101 Dale Avenue,
This condominiumization is being requested because the applicant is now in the
process of selling one or both of the units (duplex) on the property and wants the
elements of the sale to be clearly defined, The application was referred to the
Engineering Department, who examined the proposed plat and found it to be
acceptable as submitted, The application is consistent with the condominium
conversion exemption from the City's subdivision regulations, pursuant to
Section 26,88,030(A)(3) and 26,88,070 and there are no other land use issues
involved,
Staff recommends that the Community Development Director approve this
condominiumization with no conditions,
APPROVED:
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5) Applicant.s Name, l\ddress & :Ehcne # c:4AfV.( VI L-hdJ
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6) Represe""ltative's Name, l\ddresS & :Ehcne i 54ntro
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TyJ;:e of Al;:!?lication (please c:heck all that apply) :
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I::es=ipticn of EXis'"'..iIx;' Uses (l'2.lIIX:Y-'...r ar:d type of eris'-..iIx;' ",:......:x:tm:es;
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r::es.:=iption of Cevelc:p;te.'1t Application
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10) Have ycu attached the, foll=ing?
Resp:lnse tD Attad:1me.'1t 2, Mini= Sl.rmkc:ion Contents
Resp:lnse tD At:"'~"lt ,), Specific Sl,nn; =ion Contents
Res;:cnse tD 1\.t:"'...ad:1me."lt 4, Review Stardards for: Your ~lication
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEP ARTh'IENT
Al!reement for Payment of City of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and dfrR,'-1
(hereinafter APPLICANT) AGREE AS FOLLOWS: I
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I. APPLICANT has submitted to CITY an application for
~AlGk DA(-e.. ltLJlV ~QY"'I\e~ ~~DMI""'I~~~
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 53 (Series of 1995') establishes a fee structure tor Planning applications and
the payment of all processing tees is a condition precedent to a detc:rmin:ltion of
application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain [he full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthlv basis. APPLICA:-JT a~rees he will be
benetited by retaining greater cash liq~idity and will make add~ional payments
upon notification by the CITY when they are necessary as costs are incurred,
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to-process APPLICANT'S application~ - -.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or Citv Council to enable the Plannin~ Commission
and/or City Council to mo:keAegally required tindings for project approval. unless
current billings are paid in full prior to decision.
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ATTACHMENT J
Minilnum submission Contents for Al~ Development Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
numl:ler, contained within a letter signed by the
applicant stating the name, address, and telephone
numl:ler of ~~e representative au~~orized to act on
behalf of the applicant.
2. The street address and legal description of ~~e
parcel on which the development is proposed to
occur.
3. A disclosure of ownership of the parcel on ',;hich
the development. is proposed to occur, consisting
of a current certificate from a title i!'lsurance
company, or attorney licensed to prac'1:ice in the
State of Colorado, listing the names of all cwners
of the property, and all mortgages, jUdgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrati!'lg ~~e
owner's right to apply for the Development
Application.
4. An 3 1/2" x 11" vicinity map locating ti::e subject
parcel within the city of Aspen.
5. A wri tten description of the proposal and an
explanation in written, graphic or model fOr::! of
how ~~e proposed development complies with the
review standards relevant to ~~e Development
Application.
attach2.applications
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16.88.050
E. Recordation. The subdivision exemption agreement and plat shall be recorded in the office of the
Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within a period of
one hundred eighty (180) days following approval by tile city council shall render the plat invalid and reconsidera-
tion of the plat by the commission and city council will be required by for a showing of good cause. (Ord.
No. 22-1995, ~ 19; Code 1971, ~ 7-1005)
26.88.060 Amendment to subdivision development order.
A. Insubst3Illial amendment. An insUbstantial amendment to an approved plat or between adjacent
subdivision plats may be authorized by the CommUllity Development Director. An insubstantial amendment
shall be limited to technical or engineering considerations first discovered during actual development which
could not re:lSOnably be anticipated during the approval process, or any other minor change to a plat which
the CommUllity Planning Director finds has no effect on the conditions and representations limiting the approved
plat. -. ~
B. Other Ame.ndment. Any other amendment shall be approved by the city council. provided that the
proposed change is consistent with the approved plar. If the proposed Change is not consistent with the approved
plat. the amendment shail be subject to review as a new developmem application for plat.
C. Plat vacation. Vacation of an approved plat or any other document recorded in conjunction with
a plat shail be considered a plat amendment. and shail only be approved by the city council if good c:mse
is demonsll'ated. rOrd, No. 22-1995. 3 20: Code 1971. !i 7-1006)
26.88.070 Condominiumization.
A. General. Where a proposed development is to include a condominium fonn or ownership. or If
an existing development is to be converted co a condominium form or ownership. in whole or in pan:. :J.
condominium subdivision exemption plar re:::1ecting ail condominiumized llIlits. orthat ponion or the development
to be condominiumized. shail be submitted to the planning directOr for review and :l.!lprovai as a subdivision
exemption pursuant to the renns and provisions of this ~ection.
B. Procedure. A development application for a condominiumizaIion shail be reviewed pursuant co the
procedures and standards in this section and Common Procedures. Chapter 26.52.
L Contents of Application. The contents or a development application for a condominium or
condominiumization shall include the following:
a. The general application infonnation required in Common Procedures. Section 26.52.030.
b. A condominium subdivision exemption plar drawn with pennanent ink on reproducible mylar. Sheet
size shall be twenty-four (24) inches by thirty-six (36) inches with an un=umbered margin of one and one-half
(1-1/2) inches on the left hand side or the sheet and a one-half (112) inch margin :J.IOund the other three (3)
sides or the sheet. It shall include:
(1) Accurate dimensions for allllnes. angles and curves used to describe boundaries. streets. setbacks.
alleys, easements. stnlcrures. areas to be reserved or dedicared for public or common use md other important
fearures. All curves shall be circular arcs and shai1 be defined by the radius. central angle. t.:lIlgent. arc and
chord distances. All dimensions. both linear and angular. are to be determined by m accurate control survey
in the field which must balance and close within a limit of one (1) in ten thousand (10,000).
(2) The plar shail be drawn at a scale or one (1) inch equals one hundred (100) feet or larger. Architecturai
scales are not acceptable. If it is necessary to place the plar on more than one (1) sheet. an index shall be
included on the first sheet. A vicinity ID:l.!l shall also appear on the first sheet showing the condominium project
as it relates to the rest of the city and the street system in the area of the proposed condominium.
(~C'l110I9S)
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26.88.070
(3) A description of all survey monumentS. both found and set. which mark the boundaries of the
subdivision. and description of all monumentS used in conducting the survey. The Colorado Coordinaie System
may be used.
(4) A swement by the land surveyor explaining how be:uings. if used. were derermined.
(5) A certificate by 1he regisrered land surveyor as to the =zacy of the survey and plat. and a statement
that the survey was perlormed in accordance wi1h Colorado Revised StalUteS 1973. Title 38. Article. 51. as
amended from time to time.
(6) A certifi= by a corporate title insurer. that the person or person dedicating to the public 1he public
rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple. free and clear of all
liens and encumbrances.
(7) Certificates showing approval of the final plat by the City Engineer and Planning Director~
(8) A certificate of filing for the Pitkin County Clertc and Recorder.
(9) Copies of any monument records required of the land surveyor in accordance wiril Colorado Revised
StalUtes 1973. Title 38. Articie 53. as amended from time to time.
2. Recordation. The approved condominium subdivision exemption plat shall be recorded in 1he office
of the Pitkin County Cleric and Recorder within one hundred eighty (180) days of its approval by 1he planning
director. Failure on 1he pan of 1he applicant to record the piar widlin one hundred eighty (180) days following
approval by the planning directOr shall render the piar invalid and a new application and approval will be
required.
3. Subdivision Exemption Agreemem.No subdivision exemption agreement need be prepared or entered
into between the applicant and 1he city pursuant to a condominium or condominiwnization ::pproval unless
the planning director determines suc.'l an agreement is nc(;e5saty.
4. Minimum Lease Deed Restriction. Minimum le:lSe deed restrictions imposed by the CIty Council
as a condition of condominiumization approval prior to July!. 1992. shall oniy be modified or removed with
the consent of the Cty Council. (Ord. No. 6-1989. g 9; Ord. No. 1-1990. ~ 7; Ord. No. 53-1993. ~ 1; Code
1~71. g 7-1007)
26.88.080 Timeshare.
A. Applicability. In addition to the o1herapplicable requirements set forth in this chapter and required
by state law. the requirements of this section shall appiy to ail timeshare development in the City of Aspen.
B. Zone Districts in which timeshare shall be pennitted:
!. Tuneshare shall be allowed only as a conditional use in the LodgeiTourist Residential (um). Lodge
Preservation (LP). Commercial Core (CG). and Commercial Lodge (CL) zone districts. requiring a development
order for a conditional use in accordance with the procedures and requirements of Chapter ::6.60. Timeshare
shall also require subdivision approval pursuant to this chapter. To the extent practicable. subdivision and
conditional use approval shall oCC"..Ir simultaneously.
C. Standards applicable to all timeshare. In addition to those standards and review criteria generally
pertaining to subdivision. the following shall also be complied with in a timeshare development:
L Right-to-use. Right-to-use timeshare conceprs (e.g. lease-holds. vacation clubs) are considered
inappropriate and not in the city's best interest in that they are not regulated by real est:lIe laws and are the
most abused form of timeshare.
2. Integration. Timeshare must be conducted in all residential writs of a proposed development or
not at alL Mixing timeshare wiril oriler less intensive uses is undesirable :IS a tourist use. and is incompatible
wi1h residential uses or less intensive tourist uses.
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Attachment 6
General Summary of Staff Approval Application Process
Development Review Procedure Summary: The zero step staff approval application process can
be described as follows.
Stage One: Attend pre-application conference. The purpose of this one-on-one meeting
with staff is to detennine whether your development proposal can be processed at the staff level and
if so, to identify the materials staff will need to review yoUr application,
Stage Two: Submit development application. Based on your meeting with staff, you
should respond to the appropriate portions of the application package and submit the requested
number of copies of a complete application, with the appropriate processing fee, to the Planning
Office.
Stage Three: Determination of Completeness. Within five working days of the date of
your submission, the application package will be reviewed by a member of the staff. You will be
notified in writing of whether the application is complete or if additional materials are required at
this time.
Stage Four: Review of Development Application. Once your application is determined to
be complete, it will be reviewed by the staff for compliance with the applicable standards of the
Code. Within five working days, a memo will be written by the staff member for signature by the
Planning Director. The memo will explain whether your application complies with the Code and
will list any conditions which should apply if the application is to be approved.
Final approval of any Development Application which amends a recorded document, such
as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of
that document for review and approval by staff. Staff will provide the applicant with the applicable
contents for the revised plat, while the City Attorney is nonnally in charge of the fonn for recorded
agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing
these documents until the staffhas detennined that your application is eligible for the requested
amendment or exemption.
Stage Five: Receipt of Building Permit. Once you have received a copy of a signed staff
approval, you may proceed to Building Permit Review. During this time, your project will be
examined for its compliance with the Unifonn Building Code. It will also be checked for
compliance with applicable provisions of the Land Use Regulations which were not reviewed in
detail during the zero step review (this might include a check of floor area ratios, setbacks, parking,
open space and the like).' Fees for water, sewer, parks and employee housing will be collected at
this time, if due.
For more information on the Building Permit Stage, please visit the Building Department to
obtain handouts on their review procedures.
Ostepsum.doc