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Home My WebLink Aboutresolution.apz.005-10RESOLUTION N0. 5 (SERIES OF 2010) RECEPTION#: 569171, 05!11!2010 at 10:14:17 AM, 1 OF 2, R $11.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL DENY A MAP AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP (REZONING) FROM MODERATE-DENSITY RESIDENTIAL (R-15) TO MEDIUM-DENSITY RESIDENTIAL (R-6) FOR THE PROPERTY COMMONLY DESCRIBED AS 217 AND 219 S. THIRD STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO ParcellD: 2735-124-65-005 WHEREAS, the Community Development Department received an application from YLP West, Inc. represented by Suzanne Foster requesting the Planning and Zoning Commission recommend approval of a Map Amendment to the Official Zone District Map from Moderate- Density Residential (R-15) to Medium-Density Residential (R-6) for the property commonly described as 217 and 219 S. 1 hird Street; and, WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to the official zone district map may be reviewed by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standazds, the Community Development Department recommended approval of the request; and, WHEREAS, during a regular meeting on February 2, 2010, the Planning and Zoning Commission opened a duly noticed public hearing to consider the development proposal 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; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council deny the amendment to the official zone district map with a vote of six to one (6 to 1). 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 City Council deny the zone district map amendment to rezone the following described property from Moderate-Density Residential (R- 15) to Medium-Density Residential (R-6) and recommends the applicant consider resubmission for rezoning concurrent with submission of a specific development plan that would address the expressed concerns of the public. The subject property is legally described as Lots , P, Q, R, and S, Block 39, City and Townsite of Aspen, excepting therefrom that portion of Lots O, P, and Q that lies south Page I of 2 of the northerly boundary of a right of way described as a 17 foot strip of land being 8.5 +.,,,,, feet on each side of a centerline of the Colorado Midland Railway right of way and southerly 25 feet of Lot R and S as described and shown in deed and map recorded February 27, 1950 in Book 175 at Page 628 and commonly described as 217 and 219 S. Third Street Section 2• 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 3: 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 Commission at its regular meeting on February 2, 2010. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ,~ V~- - ~ ,~ ames R. True, Special Counsel Stan Gibbs, Chair ATTEST: ckie Lothian, Deputy City Clerk Page 2 of 2 RECEPTION#: 587702, 03/16/2010 at 10:28:00 AM, 1 of 2. R $11.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO tESOLUTION N0. 5 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL DENY A MAP AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP (REZONING) FROM MODERATE-DENSITY RESIDENTIAL (R-15) TO MEDIUM-DENSITY RESIDENTIAL (R-6) FOR THE PROPERTY COMMONLY DESCRIBED AS 217 AND 219 S. THIRD STREET, CITY OF ASPEN, PITHIN COUNTY, COLORADO ParcellD: 2735-724-65-005 WHEREAS, the Community Development Department received an application from YLP West, Inc. represented by Suzanne Foster requesting the Planning and Zoning Commission recommend approval of a Map Amendment to the Official Zone District Map from Moderate- Density Residential (R-15) to Medium-Density' Residential (R-6) for the property commonly described as 217 and 219 S. Third Street; and, WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to the official zone district map may be reviewed by the Planning and Zoning Commission at a duly noticed public heazing after considering recommendations by the Community Development Director and relevant referral agencies; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the request; and, WHEREAS, during a regular meeting on February 2, 2010, the Planning and Zoning Commission opened a duly noticed public hearing to consider the development proposal 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; and, NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission recommends that the City Council deny the amendment to the official zone district map with a vote of six to one (6 to 1). Section 1: Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council deny the zone district map amendment to rezone the following described property from Moderate-Density Residential (R- 15) to Medium-Density Residential (R-6) and recommends the applicant to considerresubmission for rezoning concurrent with submission of a specific development plan that would address the expressed concerns of the public. The subject property is legally described as Lots , P, Q, R, and S, Block 39, City and Townsite of Aspen, excepting therefrom that portion of Lots O, P, and Q that lies south Page 1 of 2 of the northerly boundary of a right of way described as a 17 foot strip of land being 8.5 feet on each side of a centerline of the Colorado Midland Railway right of way and southerly 25 feet of Lot R and S as described and shown in deed and map recorded February 27, 1950 in Book 175 at Page 628 and commonly described as 217 and 219 S. Third Street Section 2: 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 3: 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 Commission at its regular meeting on February 2, 2010. APPROVED AS TO FORM: PLANNING AND ZONIN COMMISSION: es R. True, Special Counsel Stan Gibbs, Chair ATTEST: ' ~ ~ 2-~- ---~ z~,~/LC ~(~ ~ ~ ~L~~~2~z_ (~' a L_ Jackie Lothian, Deputy City Clerk ~ Page 2 of 2