HomeMy WebLinkAboutresolution.apz.028-08Resolution No. 28
(SERIES OF 2008)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL GRANT SUBDIVSION APPROVAL
FOR THE PROPERTY LOCATED AT 332 W. MAIN STREET, LOT K AND THE
WEST'/Z OF LOT L, BLOCK 44, CITY AND TOWNSITE OF ASPEN,
COLORADO
WHEREAS, the applicant, Alice Brien, owner, represented by John Muir
Architects, requested Subdivision approval for the property located at 332 W. Main
Street, Lot K and the West '/2 of Lot L, Block 44„ City and Townsite of Aspen, Colorado;
and
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the Subdivision
request; and,
WHEREAS, at their regular meeting on August 5, 2008, the Planning and Zoning
Commission considered the development proposal under the applicable provisions of the
Municipal Code, reviewed and considered the recommendation of the Community
Development Director, and took and considered public comment at a duly noticed public
hearing; and,
WHEREAS, the Planning and Zoning Commission found that the development
proposal meets or exceeds all applicable development standards and that a recommendation
for Council approval of the land use request is consistent with the goals and objectives of the
Aspen Area Community Plan, by a vote of 7 to 0; and,
WHEREAS, the City of Aspen Planning and Zoning Commission found that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
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
subdivision request to create a new multi-family dwelling unit at 332 W. Main Street, Lot
K and the West '/z of Lot L, Block 44, City and Townsite of Aspen.
Section 2: Plat and Agreement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council
provides final approval of the subdivision request.
Section 3: Building Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval printed on the cover page of the building permit set.
Section 4: Affordable Housing, Cash-in-lieu Fee
Pursuant to Land Use Code Section 26.530.040 Housing Replacement Requirements, in
effect at the time of this application, the Applicant shall pay afee-in-lieu to mitigate the
demolition and replacement of an existing residential multi-family housing unit. The City
of Aspen Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal.
Section 5: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay afee-in-lieu of land dedication prior to issuance of any building permit that triggers
this fee. The City of Aspen Community Development Department shall calculate the
amount due using the calculation methodology and fee schedule in affect at the time of
building permit submittal. The Applicant shall provide the market value of the land
including site improvements, but excluding the value of structures on the site.
Section 6: Park Development Impact Fee
Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, if any Park
Development Impact Fee is applicable, the fee. shall be assessed at the time of building
permit application submittal and paid at building permit issuance.
Section 7:
All material representations and commitments made by the Applicant pursuant to the
development proposal 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 plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 8•
This resolution 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 9•
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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 5~' day
of August, 2008.
APPROVED AS TO FORM:
AND ZONING
/City Attorney Erspamer, hair
ATTEST:
ckie Lothian, Deputy City Clerk