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ORDINANCE N0.3E
(SERIES OF 2007)
RECEPTION#: 553449, 10/08/2008 at
11:52:15 AM,
~ OF 5, R $26.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED
UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING
DIMENSIONAL STANDARDS WITH CONDITIONS, 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.
Parcel ID: 2 73 7-1 82-49 051
WHEREAS, the Community Development Department received an application
from the North of Nell Condominium Association (Applicant), requesting approval of a
Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H
and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the
lowering of Dean Street; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, Parking, City Engineering,
Building, and Parks, as a result of the 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 with conditions; and,
WHEREAS, the Planning and Zoning Commission reviewed the application at a
public hearing on May 15th, 2007, and upon recommendation of the Community
Development Department, continued the public hearing to June 5th, 2007; and,
WHEREAS, the Planning and Zoning Commission did not meet due to lack of
quorum on June 5, 2007, and upon recommendation of the Community Development
Department, continued the public hearing to July 17, 2007; and,
WHEREAS, upon further review of the application at the July 17th continuance,
the Planning and Zoning Commission considered the development proposal under the
applicable provisions of the Municipal Code as identified herein, reviewed and considered
the recommendation of the Community Development Director, and took and considered
public comment at a duly noticed public hearing; and,
WHEREAS, on July 17th, 2007, via Resolution No. 19 (Series of 2007), the City of
'"""° Aspen Planing and Zoning Commission considered and discussed the application and
w..,
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ORDINANCE N0. 36,
(SERIES OF 2007)
A ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED
UNIT DEVELOPMENT TO LEGALIZE THE EXISTING NON-CONFORMING
DIMENSIONAL STANDARDS WITH CONDITIONS, 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.
Parcel ID: 2 73 7-1 82-49 051
WHEREAS, the Community Development Department received an application
from the North of Nell Condominium Association (Applicant), requesting approval of a
Planned Unit Development and rezoning as a PUD, described as Lots A,B,C,D,E,F,G,H
and I, Block 97, City and Townsite of Aspen, Pitkin County, Colorado due to the
lowering of Dean Street; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, Parking, City Engineering,
Building, and Parks, as a result of the 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 with conditions; and,
WHEREAS, the Planning and Zoning Commission reviewed the application at a
public hearing on May 15th, 2007, and upon recommendation of the Community
Development Department, continued the public hearing to June 5th, 2007; and,
WHEREAS, the Planning and Zoning Commission did not meet due to lack of
quorum on June 5, 2007, and upon recommendation of the Community Development
Department, continued the public hearing to July 17, 2007; and,
WHEREAS, upon further review of the application at the July 17th continuance,
the Planning and Zoning Commission considered the development proposal under the
applicable provisions of the Municipal Code as identified herein, reviewed and considered
the recommendation of the Community Development Director, and took and considered
public comment at a duly noticed public hearing; and,
WHEREAS, on July 17th, 2007, via Resolution No. 19 (Series of 2007), the City of
Aspen Planning and Zoning Commission considered and discussed the application and
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found that the development proposal meets all applicable development standards and that
the approvals and recommendation of approval of the land use requests were consistent with
the goals and objectives of the Aspen Area Community Plan; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that the
Resolution (No. 19, Series of 2007) furthers and is necessary for the promotion of public
health, safety, and welfare; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that the
development proposal meets or exceeds all applicable development standazds and that the
approvals of the development proposal aze consistent with the goals and elements of the
Aspen Area Community Plan; 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,
WHEREAS, during a duly noticed public hearing on October 22, 2007, the City
Council opened the hearing, took public testimony, considered pertinent
recommendations from the Community Development Director, and referral agencies of the
City of Aspen and adopted Ordinance No. 36, Series of 2007, approving with conditions,
a planned unit development to legalize the existing non-confonning dimensional
requirements and an amendment to the official zone district map; and,
WHEREAS, the City Council finds that the development proposal meets many of
the applicable development standazds and where the standards are varied, 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 Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO AS FOLLOWS:
Section 1: Plat and Agreement
The Applicant shall record a PUD agreement that meets the requirements of Land Use Code
Chapter 26.445.070 (C) PUD Agreement, within 180 days of approval if City Council
provides final approval of the PUD request.
Section 2: Zoning Map
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The Community Development Director shall cause an amendment to the City of Aspen
Official Zone District Map to reflect a Planned Unit Development (PUD) overlay on the
property described as 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
Section 3: Dimensional Calculations
Dimensional calculations of this PUD shall be as follows as presented by the applicant to the
Planning and Zoning Commission for the July 17a' public hearing and City Council October
22"a public hearing:
TOTAL FLOOR AREA EXISTING FLOOR AREA OVERALL FLOOR AREA
APPROVED THROUGH THIS
ORDINANCE
TOTAL FLOOR AREA 82,306 83,739
TOTAL F.A.R. 3:1 3.0029:1
TOTAL PERMITTED F.A.R. 3:0029:1
COMMERCIAL FLOOR EXISTING FLOOR AREA COMMERCIAL FLOOR
AREA AREA APPROVED
THROUGH THIS
ORDINANCE
TOTAL FLOOR AREA 21,154 22,924
TOTAL F.A.R. .76:1 .82:1
TOTAL PERMITTED F.A.R. ,g2;1
RESIDENTIAL FLOOR EXISTING FLOOR AREA RESIDENTIAL FLOOR
AREA AREA APPROVED
THROUGH THIS
ORDINANCE
TOTAL FLOOR AREA. 60,762 60,815
TOTAL F.A.R. 2.17:1 2.18:1
TOTAL PERMITTED F.A.R. 2.18:1
As approved by the City Council at the October 22"a meeting, an administrative PUD
Amendment can be granted by the Community Development Department to
accommodate a difference in the floor area between the ]and use submission calculation
and the building permit submission calculation as long as no changes to the building are
proposed from the land use approval to the building permit application.
Section 4:Conditions
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
North of Nell Condominiums, parcel identification of 2737-182-49051, the Aspen Planning
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and Zoning Commission recommends approval of the proposed Planned Unit Development,
subject to the following conditions:
1. 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
as approved by the North of Nel] 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.
5. As conditioned by City Council at the October 22, 2007 public hearing, both saw
tooth roofs (upper and lower) shall be maintained and no protrusions through the
sawtooth roofs with the exception of chimneys and mechanical devices shall
occur.
Section 5:
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 6•
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 7•
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27~' day of August, 2007.
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Attest:
thryn S. ch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 22"d day of October, 2007.
Attest:
~~ ~" ~~
Kathryn S, och, ity Clerk Michael C. Ire nd, ayor
Approved as to form:
G=Gf~~'
Attorney
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