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HomeMy WebLinkAboutbocc.res.095.2012 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,GRANTING CONCEPTUAL SUBDIVISION AND PLANNED iTNIT DEVELOPMENT APPROVAL FOR LE CHAMOI�TIX ASSOCIATION INCORPORATED,AT THE LE CHAMONIX MUTLI FAMII�Y HOUSING COMPLEX,iJNITS 1 THROUGH 12 BOCC Resolution No.U-�1t�2012 Recitals 1. Le Chamonix Association, Inc. collectively units 1 througl� 12, ("hereafter the ApplicanY') has applied to the Pitkin County Board of County Commissioners("BOCC")for Conceptual Subdivision and Planned Unit Development(PUD) approval. The purpose of the application is to eliminate the legal non-conforming status of the multi-family housing complex and allow for creation of basement space. To accomplish the request, a new zone district has been proposed named the Residential Multi Family (RMF) zone district. The request proposes to rezone Le Chamonix to the RMF and create a PUD in effort to vary certain setbacks and parking in the new zone district. Because a PUD can only be created during the subdivision process, the Applicant has requested Conceptual Subdivision approval at this time, though no land is being subdivided. The Rezoning request and the Land Use Code Text Amendments are addressed in separate ordinances. � 2. 'The Le Chamonix Multi-Family Housing Complex is located at I501 Maroon Creek Road and is legally described as the Le Chamonix Subdivision Units 1 through 12. Attachment A depicts the units as they exist today. 3. The Planning and Zoning Commission reviewed the proposal at a regularly scheduled meeting on May 1 S`,2012.The Commission voted 4-0 to recommend approval to the BOCC. 4. The BOCC reviewed the proposal at 15f Reading, Conceptual Submission and a duly noticed continued public hearing and regularly scheduled public meeting, on September ]2`�, 2012. 2nd Reading was heard at a regularly scheduled public meeting on October 24'�, 2012. Evidence and testimony were presented with respect to the request. 5. The BOCC fmds that the proposal demonstrates compliance with Conceptual Subdivision and PUD sections of the Land Use Code. 6. The BOCC further finds that Applicant's request to comprehensively address expansion potential and the non-conforming status at the Le Chamonix Multi-Family Housing Complex is the appropriate approach, in contrast to piecemeal applications by each unit owner. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Le Chamonix Multi- Family Housing Complex Conceptual Subdivision and PUD which shall run with the Iand and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shail consider those representations to be conditions of approval, unless amended by other conditions. 2. Le Chamonix is limited to 12 units of density. RECEPTION#:594479, 12/04/2012 at 03:25:07 PM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO � Resolution No,d`�� -2012 Page 2 of 3 3. Basement buildout space is exempt from Growth Management Competition or use of TDR's. Deck enclosure and any other expansion potential is subject to Growth Management Competition or use of TDR's. 4. At Detailed Subdivision/Final P1at.Submission, the Applicant shall submit a refined PUD guide for the Le Chamonix property that outlines parking, allocated basement expansion and deck enclosure potential for each unit,and varied setbacks. 5. At Detailed Subdivision/Final P1at submission, the Applicant shall provide a draft easement or ownership titte to the Pitkin County Open Space and Trails Department for the trail along Maroon Creek. This easement will be forward to OST for review. Prior to Detailed and Final Plat approval the easement shall be formally conveyed to the County. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any sabsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. � Resolution No. �'(� -2012 Page 3 of 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES on the 21�`day of June, 2012. INTRODUCED ON FIItST READING AT A CONTINUED PUBLIC HEARING on the 12b day of September,2012. APPROVED AND ADOPTED ON SECOND READING on the 24�'day of October,2012. bL" PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the�day of !/���2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO r � � � ,W . Je ette Jones ichael Owsley, D uty Clerk Chairman Date: �c����� ` �-C7/� A.PPROVED AS TO FORM: APPROVED AS TO CONTENT: '—°"- �s� � �'� Jo E�Ty, Cmdy Houben, Attorney Community Development Director PID#'s: 273514202002 through 012 Case#: PO10-12 � Attachment A Le CMamonix 12 units total ��� .. `',- �; r ,��:: :� �,y �, �. �� $i�4 . � 4. 4 � �a �y� �� ���,. 11�J .: �' ' ,.a,. 9 .�", ..�i � _. > ,. ��'.� „t . . . Y, ���9 �y�tiPr�:� � �r V�' — d r I �... . pa � t�!'l�R!/f!� �0�, �i1V�� I � �pP`'�' ,�.:.Z,»�_ � .,g �� Roatls � , g . . . .q .: , .T ,, �, �P8rc81 "r�.,..,a � y;,�a ,.� , _ �� '�. r: .. . °.... ; : :u . ., � �:�� .� _r , ' . �e t�..«., : , y .�•,��.. .. 7