HomeMy WebLinkAboutresolution.apz.019-07
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RESOLUTION NO. 19,
(SERIES OF 2007)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A
PLANNED UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-
CONFORMING DIMENSIONAL STANDARDS, FOR THE NORTH OF NELL
CONDOMINIUMS, 555 EAST DURANT STREET, LOTS A,B,C,D,E,F,G,H AND
I, BLOCK 97, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
ParcelID: 2737-182-49051
WHEREAS, the Community Development Department received an application
from the North of Nell Condominium Association (Applicant), requesting approval of a
Planned Unit Development (as described in attached Exhibit A); and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, Parking, City Engineering,
Building, and Parks, as a result ofthe Development Review Committee meeting; and,
WHEREAS, upon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Department
recommends approval of the Planned Unit Development for the North of Nell
Condominiums; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approvals of the development proposal are consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommends
City Council approve the Planned Unit Development and Amendment to the Official
Zone District Map, by a vote of three to two (3 - 2); and,
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 17th DAY OF
JULY 2007, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
North of Nell Condominiums, parcel identification of 2737-182-4905 I, the Aspen Planning
and Zoning Commission recommends approval of the proposed Planned Unit Development,
subject to the following conditions:
I. Prior to final approval, the applicant will provide a PUD plat that reflects actual
floor area and ratio as calculated according to the Aspen Land Use Code.
2. A PUD Agreement and Amended PUD Plan shall be recorded within 180 days of
the final approval by City Council and shall include the information required to be
included in a PUD Agreement, pursuant to Section 26.445.070(C).
3. Prior to issuance of any building permit for any improvement to the building, the
applicant shall submit building elevations and design details showing the design
of all future balcony enclosures as approved by the Sagewood Condominium
Association. The design shall be approved by the Community Development
Director. Building permit applications shall conform to the approved design.
4. The applicant shall file a Notice of PUD in the Clerk and Recorders office of
Pitkin County subsequent to receipt of a development order, or prior to issuance
of a building permit.
Section 2:
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Planning and
Zoning Commission or City Council, are hereby incorporated in such plan approvals and the
same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
Section 3:
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 4:
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 AT ITS REGULAR MEETING ON TillS 17TH DAY OF JULY, 2007.
APPROVED AS TO FORM:
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Worcester, City Attorney
ATTEST:
ZONING
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