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HomeMy WebLinkAboutresolution.apz.020-08RESOLUTION No. 20 (SERIES OF 2008) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, RECOMENDING THAT THE CITY COUNCIL APPROVE A REQUEST FOR A ZONE DISTRICT DESIGNATION OF R-15 FOR 201 SOUTH 7`" STREET, MORE COMMONLY KNOWN AS LOT 3, ADAMS SUBDIVISION, PITKIN COUNTY Parcel Identification Number 2735-123-15-003 WHEREAS, Sheri Sanzone of Bluegreen located at 300 South Spring Street, Suite 202, Aspen, Colorado on behalf of Guyasuta Seventh Street, 201 S. 7s' Street, Aspen, Colorado, submitted a request for a map amendment in conjunction with an annexation application, dated February 12, 2008 to the Planning and Zoning Commission; and WHEREAS, the request is to receive a zone district designation recommendation of R-15; and WHEREAS, this resolution is null and void if the City Council does not approve the annexation application and the annexation does not occur; and WHEREAS, the Planning and Zoning Commission reviewed and considered the annexation petition and application for zoning under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on June 3~, 2008; and, WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, this matter came on for hearing before the City Council on Apri128, 2008 to approve a Resolution of Substantial Compliance; and WHEREAS, the City finds substantial compliance with said State statutes, Section 31-12-104 C.R.S, in that the property to be annexed is specifically greater than one-sixth contiguous to existing corporate limits, has a community of interest with the City of Aspen, is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City of Aspen; and WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; 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. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT: Section 1. Findings of Fact. The Planning and Zoning Commission makes the following findings of fact: 1. A request for the zoning application was initiated by: Sheri Sanzone, representative from Bluegreen, 300 South Spring Street, Suite 202, Aspen, Colorado on behalf of the owner Guyasta Seventh Street LLC, 201 South 7"' Street, Aspen, Colorado. 2. Notice of the proposed caning designation of Moderate Density Residential (R-15) has been provided to surrounding property owners in accordance with Section 26-304-060(E)(3) of the Aspen Municipal Code. Evidence of such notice is on file with the City Clerk. 3. This proposal meets the objectives of the Aspen Area Community Plan. This property is located in the urban growth boundary with a residential designation. Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval of the zoning application request for the said lot to be Moderate Density Residential (R-15). Section 3: This Resolution 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 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. Section 5• All material representations and commitments made by the Applicant pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED AS TO FORM Jim True, Assistant City Attorney INTRODUCED, READ AND ADOPTED by the Planning and Zoning Commission of the City of Aspen on the 3rd day of June 2008. 1 Brain Speck cting aairperson I, the undersigned duly appointed and acting Deputy City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the Planning and Zoning Commission of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. 't Iv ackie Lothian, Deputy Ciry Clerk