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Home My WebLink Aboutordinance.council.038-97 ~, ORDINANCE NO. 38 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM PARK-PLANNED UNIT DEVELOPMENT (P-PUD) TO RESIDENTIAL MUL TI-FAMIL Y (RMF) AND CONCEPTUAL AND FINAL APPROVAL OF A SPECIALLY PLANNED AREA (SPA) FOR A PARCEL OF LAND AT 39100 HIGHWAY 82, OWNED BY THE POMEGRANATE CONDOMINIUM HOMEOWNERS ASSOCIATION, CITY OF ASPEN, COLORADO WHEREAS, The Pomegranate Condominium Homeowners Association (Applicant) submitted an application (development proposal) to the Planning Office to rezone from Park- Planned Unit Development (P-PUD) to Residential Multi-Family (RMF) and to approve a Conceptual and Final Specially Planned Area (SPA) for a 1.92 tract of land, generally described as the land between the Pomegranate Condominiums and State Highway 82, located at 39100 Highway 82 and more accurately described in Exhibit A; and, WHEREAS, the Planning Department reviewed the development proposal in accordance with all applicable procedures and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.80 and 26.92 of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing on October 7, 1997, in accordance with Section 26.52 of the Municipal Code, reviewed the development proposal in accordance with all applicable procedures and recommended to City Council approval of the Amendment to the Official Zone District Map and Conceptual and Final approval for a Specially Planned Area (SPA); and, WHEREAS, the Planning and Zoning Commission Resolution No. 97-26 is attached to this City Council Ordinance as Exhibit B; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28, 26.52,26.56,26.80, and 26.92, of the Municipal Code, considered those recommendations as made by the Planning Director and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing on December 8, 1997; and, Ordinance No. 38, Series 1997 Page 1 I 11111I 1111I IIIIII "'''' "'" " Ifllllll '" IIIII "'I IIII 414431 03/11/1998 02:!4P ORDINANC DAVIS SILVI 1 0' ! R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards 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 strongly encourages the owners of the Pomegranate Condominiums to consider annexing into the City of Aspen; and, WHEREAS, the City Council fmds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That it does hereby grant an amendment to the Official Zone District Map for the subject parcel, as described in Exhibit A from Park-Planned Unit Development (P-PUD) to Residential Multi-Family - Specially Planned Area (RMF-SPA). Section 2: The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended to reflect the amendment as set forth in Section I above. Section 3: Pursuant to Sections 26.28, 26.52, 26.80, and 26.92, and subject to those conditions of approval as specified hereinafter, the City Council hereby grants approval for an amendment to the Official Zone District Map and Conceptual and Final Specially Planned Area, with the following conditions: I. Prior to issuance of a certificate of occupancy for the garages, the applicant shall complete and record an SPA agreement with the City in accordance with the requirements of the City Attorney and a final plat that meets the requirements of the City Engineer. 2. The SPA Agreement and the Final Plat shall contain the following language: Ordinance No. 32, Series 1997 Page 2 I I"'" "'" 111111 "'''' "'" " Ifllllll '" "'" "'I 1111 414431 03/11/1998 02:!4P ORDINANC DAVIS SILVI 2 0' ! R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO Dimensional Requirements are as Follows: Minimum Percent open space: Minimum distance between buildings: Maximum height: Minimum front yard: Minimum rear yard: Minimum side yards: Minimum lot width: Minimum lot area: Trash access area: Internal floor area: Number of off-street parking spaces: 35 percent. I 0 feet. 28 feet for residential structure, 10 feet for garage structure. 100 feet, measured from Highway 82 Right-of-way. I 0 feet. 10 feet each. 375 feet. As represented on final plat. Minimum 10' wide, unobstructed. Existing. Minimum I per bedroom or 2 per residential unit. Uses: Uses on the portion of the parcel within City jurisdiction shall be limited to those permitted in the Residential Multi-Family Zone District as specified in the Aspen Municipal Code, as amended. Uses within the front yard, the area within 100 feet of the Highway 82 right-of- way, shall be limited to those represented on this final plat. Density on this parcel, regardless of jurisdiction, shall be 18 residential units unless otherwise approved pursuant to all applicable Sections of the jurisdiction's Land Use regulations, as amended. Amendments: Any amendment of this SPA shall be considered pursuant to all applicable Sections of the Municipal Code, as amended, including Section 26.80.040, as amended. In addition to the qualifying requirements for an insubstantial amendment found in Section 26.80.040(E)(I) of the Aspen Municipal Code, the following shall be considered: An increase by greater than one (I) percent in the overall coverage of structures on the land shall not be considered an insubstantial amendment. A reduction by greater than one (I) percent of the approved open space shall not be considered an insubstantial amendment. An increase by greater than one (I) percent in the approved residential density of the development shall not be considered an insubstantial amendment. An increase in residential floor area greater than one (I) percent shall not be considered an insubstantial amendment. An increase in garage floor area greater than one (I) percent shall not be considered an insubstantial amendment. Any garage floor area converted to any other use shall not be considered an insubstantial amendment. Any structure(s) proposed within one-hundred (100) feet of the Highway 82 right-of-way shall not be considered an insubstantial amendment. 3. All material representations made by the applicant in the application and during public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Ordinance No. 32, Series 1997 Page 3 I 11111I 1111I 111111 "'11I "'" " ''''1''1 11I11111 "" 1111 414431 03/11/1998 02:!4P ORDINANC DAVIS SILVI 3 0' ! R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 4: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 5: 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 6: 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. Section 7: That 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 the Ordinance shall be held on the 8th day of December, 1997 at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) 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. Ordinance No. 32, Series 1997 Page 4 . I I"'" "'" 111111 "'''' "'" " Ifllllll '" "'" 1111 111I 414431 03/11/1998 02:!4P ORDINANC DAVIS SILVI 4 0' ! R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 10th day of November, 1997. Approved as to form: Approved as to content: );Llf/J~ /' City Attorney ~ {'?~ John Bennett, Mayor ,\\1111I11., . I' A~~~~$I"" :". .~... .. ~4~ . Kathryn S. och, City Clerk (' Approved as to' form: If> FINALLY, adopted, passed and approved this Sth day of December, 1997. ,... .......... '1 ~pprb:Ve~ ttto content: '!' ~. .~, '~f, ~ . ';',. .", "',)C' t '..;JI.~'., !;'". ,,~,('t {3~~ ; , 'I ~'" . c./;7tii #1~ City Attorney ; ~ :.,.. t : 1'_ "" , , ' U:- A- . Attest;..... -', <.}. '.:. ~k K~h(} t:Y.I,1. ~~ L onf.,v Attac~ts: Exhibit A -- Legal description of property Exhibit B -- Planning and Zoning Resolution No. 97-26 Ordinance No. 32, Series 1997 Page 5 111111I111111111111111111111111111111111111111111111111 414431 03/11/1998 02:!4P ORDINANC DAVIS SILVI ! 0' ! R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO