HomeMy WebLinkAboutresolution.apz.004-09RESOLUTION N0.4
(SERIES 2009)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
ASPEN, MAKING A RECOMMENDATION FOR APPROVAL TO COUNCIL FOR
GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF ALLOWING A
VEHICULAR TENT SHELTER UNTIL 2013 TO PARK AMBULANCES AT THE ASPEN
VALLEY HOSPTIAL COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD,
LEGALLY DESCIBED AS PARCEL C, ASPEN VALLEY HOSPITAL DISTRICT
SUBDIVSION
Parcel Identification Number 2735-123-07-801
WHEREAS, Leslie Lamont, located at 725 Melissa Lane, Cazbondale, Colorado on behalf
of the Aspen Ambulance District, 401 Castle Creek Road, Aspen, Colorado, submitted a request for
Growth Management Review dated December 24a', 2008 to the Planning and Zoning Commission;
and
WHEREAS, the subject property is located at 401 Castle Creek Road, Aspen, the parcel is
identified as pazcel number 2735-123-07-801, and the legal description of the property is: Pazcel C,
Aspen Valley Hospital District Subdivision, 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 is not
necessary at this time. No new net leasable commercial or office space has been created nor
have any new employees been generated; and
WHEREAS, during a duly noticed public hearing on January 20~', 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
development proposal under the applicable provisions 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. The growth management mitigation will be assessed during the
Master Facilities Plan process. The applicant intends to use this vehiculaz tent shelter unti12013.
The following conditions apply:
1. The applicant will not be permitted to use the vehicular tent shelter after December 1 S`
2013. If a permanent shelter is constructed, growth management review will occur at that
time.
As requested in the temporary use permit, the applicant is required to plant two spruce
trees that are four feet high and to work with Ron Moorhead, the adjacent property owner
regarding their placement. These trees are required to be planted by June 15`, 2009.
All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
Section 2:
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, aze hereby incorporated in such plan development approvals
and the same shall be complied with as if fixlly 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 20~' day of
January, 2009 with a 6 - 0 vote.
Attest: ~ % ~
' ~''i~ r~~~ --i-~-ltd-~
athK y S and, Chief Deputy City Clerk
APPROVED AS TO FORM
ames R. True, Special Counsel