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Home My WebLink Aboutordinance.council.014-09RECEPTION#: 561340, 07124/2009 at 04:04:04 PM, 1 OF 5, R $26.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO _ rdinance No. 14 (SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS THE REMOVAL OF A SPECIALLY PLANNED AREA (SPA) DESIGNATION, A REZONING FROM S/C/I (SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY RESIDENTIAL), AN ALLEY VACATION OF A PLATTED ALLEY ON LOT K OF BLOCK 71, AND A PLANNED UNIT DEVELOPMENT (PUD) DESIGNATION FOR BLOCK: 71 LOT: K & LOT: L, CITY AND TOWNSITE OF ASPEN, AND A PARCEL OF LAND BEING PART OF LOT 4 OF THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT AS SAID LOT 4 IS SHOWN IN PLAT BOOK 5 AT PAGES 70-75, LOCATED AT 222 E. HALLAM STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2737-073-14-002 WHEREAS, the Community Development Department received an application from Joseph A Amato, represented by Stan Clauson Associates, Inc, requesting the removal of a Specially Planned Area (SPA) designation, a rezoning, and the creation of a Planned Unit Development (PUD) for the property located at Block 71: Lots K & Lot L of the Original Townsite of Aspen and part of Lot 4 of the Truman Neighborhood Commercial Project, commonly known as 222 E. Hallam Street in the City of Aspen; and WHEREAS, the City Engineer, City Zoning Officer, the Parks Department, the Transportation Department, Public Works, the Aspen Fire Department, and the GIS Department reviewed the rezoning proposal for 222 East Hallam Street and provided written referral comments 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 recommended approval of the removal of a Specially Planned Area (SPA) designation, the rezoning from S/C/I to R-6, and the creation of a Planned Unit Development (PUD); and WHEREAS, upon review of the application, the Community Development Department researched and found evidence that an alley was originally platted on the property on the original Willits Map that has never been vacated; and WHEREAS, all adjacent alleys platted on the original Willits Map have been vacated, leaving the section of alley on Lot K of Bock 71 without public access; and WHEREAS, the Community Development Department believes a formal vacation of the alley should take place; and Page 1 of 4 WHEREAS, during a duly noticed public hearing on Apri121, 2009, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. 7, Series of 2009 by a three to one (3 - 1) vote, recommending that City Council approve with conditions the removal of a Specially Planned Area (SPA) designation, the rezoning from S/C/I to R-6, the creation of a Planned Unit Development (PUD), and an alley vacation; and, WHEREAS, on June 22nd, 2009 the Aspen City Council approved Ordinance No. 14, Series 2009, on First Reading by a four to zero (4-0) vote, approving with conditions the removal of SPA designation, the rezoning, the PUD designation, and alley vacation; and, WHEREAS, during a duly noticed public heazing on July 13d', 2009, the Aspen City Council approved Ordinance No. 14, Series 2009, by a four to one (4 - 1) vote, approving with conditions the removal of SPA designation, the rezoning, the PUD designation, and alley vacation; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standazds 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 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Rescinding an SPA Designation Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves rescinding the SPA designation on the property located at 222 East Hallam Street, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Rezoning to R-6 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves rezoning the property located at 222 East Hallam Street, City and Townsite of Aspen, Pitkin County, Colorado from S/C/I (Service/Commercial/Industrial) to R-6 (Medium Density Residential). Section 3: PUD Designation Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the establishment a PUD on the property located at 222 East Hallam, City and Townsite of Aspen, Pitkin County, Colorado. The PUD dimensional requirements aze based on the R-6 zone district. Any dimensional requirements not listed below will be required to conform with the R-6 zone district, as amended from time to time. The dimensional requirements are: Page 2 of 4 R-6 Dimensional Proposed Dimensional Re uirement Re uirements Minimum Front Yazd Principal building: 10 feet Setback Accesso buildin : 15 feet Combined: 15 feet 5 feet on western property Minimum Side Yard Setback line 10 feet on eastern property line 10 feet from top of slope Minimum Rear Yard Setback (82 contour line), or approximately 42 feet from reaz roperty line Single-Family: 3,866 sq. ft. Duplex or 2 Detached Dwellings: 4,286 sq. ft. Allowable Floor Area + the ability to land TDRs on the property, as provided for in the R-6 zone district, as may be amended from time to time. Prior to the recordation of a PUD Agreement, the Applicant and City shall execute a Conservation Easement for the portion of the property from the Top of Slope (the `82' contour line) to the rear property line. No building or building projections shall be permitted in the easement. Section 4: Alley Vacation Insomuch as an alley is located on Lots K & L of Block 71 City and Townsite of Aspen it is hereby vacated. The ownership and title of any lands associated with said alley shall vest as provided in and by Section 43-2-302 C.R.S. The area is described in Exhibit A to this Ordinance. Section 5: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Page 3 of 4 Section 6• This ordinance shall not affect 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 8: A public hearing on this ordinance shall be held on the 13s' day of July, 2009, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22"d day of June, 2009. Attest: ~d/~~ Kathryn S. K ,City Clerk Michael .Ireland, MaY9 FINALLY, adopted, passed and approved this 13th day of July, 2009. Attest: Kathryn S. I 6, City Clerk Approved as to form: City Attorney Page 4 of 4 Ilrt~l~r--rs~rcP,Q LBO k.+ ~`ap L ~~ ~ -Ft~-t~bC~ ~--,5 4 ~~~ ly_._._,~evieS Zoe ~`~~ 1IaCAf-oVl ~~~US~YYCIl7aJ ~~ -r i' ~ ~~~i ,-_ , I ~' -t 1 ~~ to I ^ ~ `.] ~ E3 ~ ~ P4 r '--~_ ,r~ ' ' ^ l ~ `A ~ rr ~?'~ it ,~ T ~ `' p. ,''~ ~-~~ ~ i' t ~ ~ ~ ''-j N ~ -~ 4 ~' ~ . ~ I P. a SIa. ~ i..' , 9/~ ~ L ~ ~i R ~p ~ T ~ f~~ i `~_ S ,l c - V ~ ,' :, ~ ~ E. yy A ` ~ ' o '*n,yej~ ti ,~ . ~4'°fR ~ A ~e i 4 Z r ° a e ~ ~ ~ P ~ T , yl.}Is •,. 2 + ~ f v T t o 0 1 6 ~/ ~ a ~ E ~ d e ~ '-sr ~ ~ r ~,~ ~ ~ .t 0 ~ C ~ h ~ n hrp~N ~ r ~0 ~ o s O ~~~~~ ` ~ *I~s~~i`I@: ,' . 1 ~ n i q.,: /7~,5 T,