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HomeMy WebLinkAboutresolution.apz.001-09RESOLUTION NO. I (SERIES 2009) A RESOLUTION OF THE PLANNING AND Z01yING COMMISSION OF THE CITY OF ASPEN, MAKING A RECOMMENDATION FOR APPROVAL TO COUNCIL FOR GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO THE PITKIN COUNTY JAIL BUILDING LOCATED AT 485 RIO GRANDE PLACE, LEGALLY KNOWN AS LOT5 1 AND 5, PITKIN COUNTY CENTER, CITY OF ASPEN Parcel Identification Number 2737-073-47-851 & 2737-073-06-855 WHEREAS, Stan Clauson Associates, Inc. located at 412 North Mill Street, Aspen, Colorado on behalf of Pitkin County, 530 E. Bleeker Street, Aspen, Colorado, submitted a request for a Specially Planned Area Amendment dated October 6th, 2008 to the Planning and Zoning Commission; and WHEREAS, the subject property is located at 4i35 Rio Grande Place, Aspen, the pazcels are ~~~ identified as parcel numbers 2737-073-47-851 ~ 277:073-06-855, and the legal description of the property is: Pitkin County Center, Lot 1 and 5, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined mitigation for growth management was not applicable as the proposal is for storage of computer infrastructure and does not generate net leasable area; and, WHEREAS, during a duly noticed public hearing on December 16~', the Planning and Zoning Commission approved Resolution No. 36 Series of 2008, making recommendation to Council to approve an SPA Amendment for the construction of an addition to the County Jail; and, RECEPTION#: 555799, 01116/2009 at 09:08:22 AM, t OF 3, R $15.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO WHEREAS, during a duly noticed public hearing on January 6, 2009, the Planning and Zoning Commission made a recommendation to Council to approve the request for Growth Management Review; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the c.. development proposal under the applicable provisiong:of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1• Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for exemptions for growth management mitigation. This proposal does not generate new employees or create new net leasable commercial or office space. This addition is proposed to be used for the storage of computer equipment. If this use was to change in the future, growth management mitigation may be required. r i i~.~ Section 2: 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, 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 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 sepazate, 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 6~' day of January, 2009 with a 6 - 0 vote. Attest: ~~,~ L J ~_ Jackie Lot an, Deputy City Clerk +~ C~ L pamer, C irperson APPROVED AS TO FORM James R. True, Special Counsel