HomeMy WebLinkAboutresolution.apz.025-07RESOLUTION N0.25
(SERIES 2007)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS A PLANNED UNIT DEVELOPMENT
AMENDMENT FOR THE CONVERSION OF CONDOMINUIM MEETING SPACE TO
COMMERCIAL SPACE; AND ACHANGE-IN-USE GROWTH MANAGEMENT
REVIEW ASSOCIATED WITH THE OF CONVERSION CONDOMINIUM MEETING
ROOM SPACE TO COMMERCIAL FOR THE PROPOERTY LOCATED AT 133
PROSPECTOR STREET, ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103, CITY OF
ASPEN, CO, PITHIN COUNTY, COLORADO
PARCEL N0.2735-142-13-552
WHEREAS, the Community Development Department received an application from
Hines Highlands Limited, represented by Davis Horn, Inc, requesting approval of a Substantial
PUD Amendment, and a Subdivision Amendment, to a condominium meeting space in Building
2 to commercial space; and,
WHEREAS, the subject property is in the Aspen Highlands Village PUD; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended approval of the proposed conversion and
associated land use requests; and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department determined a Subdivision Amendment was not applicable
because the change in use has no impact on the recorded plat; and,
WHEREAS, during a duly noticed public hearing on October 2, 2007, the Planning and
Zoning Commission continued the hearing to October 16, 2007; and,
WHEREAS, during a duly noticed public hearing on October 16, 2007, the Planning and
Zoning Commission approved Resolution No. 25 Series of 2007, by a seven to zero (7 - 0) vote,
approving a Substantial PUD Amendment for the conversion of Condominium Meeting Room
space to Commercial space at 133 Prospector Street. The resolution further recommended to the
City Council the approval of the requested subdivision associated with the conversion of meeting
room space to commercial space; 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 the proposed change-in-use
and related PUD Amendment request meet the applicable development standards and are consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
Resolution No. 25, Series 2007
Page 1
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 Section 26 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves with conditions a PUD
Amendment and a Growth Management Allotment for the conversion of 650 square feet of
condominium meeting space to commercial space for the property located as 133 Prospector
Street, CONDO: ASPEN HIGHLANDS CONDO PH 2 UNIT: C-2103 City of Aspen, CO,
Pitkin County, Colorado.
Section 2: Growth Mana ement Allocation
The City of Aspen Planning and Zoning Commission hereby approves a Commercial Growth
Management Allotment of 650 square feet for the conversion of Unit C-2103 from
Condominium Meeting Room Space to Commercial Space.
Section 3: Buildin¢ Permit Analication
Should the Applicant decide to apply for a building permit related to this change-in-use, the
Applicant shall submit a copy of this resolution in addition to all other items required by the
Community Development Department at the time of submittal.
Section 4: Dimensional Requirements
The proposed development, as presented in the plans contained within the application dated
August 13, 2007, complies with the dimensional requirements of the PUD. Compliance with
these requirements will be verified by the City of Aspen Zoning Officer at the time of building
permit submittal.
Section 5: Construction Mana ement
At the time a building permit is submitted, a construction management plan, if required, shall be
included with that submitted which meets the requirements of the Engineering and Building
Departments in place at the time of Building Permit submittal.
Section 6: Vested Rights
The development approvals granted pursuant to this Planning and Zoning Commission
Resolution shall be vested for a period of three (3) years from the date of issuance of the
development order.
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, 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.
Resolution No. 25, Series 2007
Page 2
Section 8:
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 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 16~' day of
October, 2007.
APPROVED AS TO FORM:
City Attorney
ATTEST:
PLANNING AND ZONING
COMMA ON: ~~ ~~,
1 F~~=_
Dylan Jo s, a r`~fl~t~ IQ n ~~ ~~
~/
ckie Lothian, Deputy City Clerk
G:\city\Jessica\Cases\AFJV PUD Amend\Commercial GMQS\P&ZW-IV PZ Reso_IO 16 07.doc
Resolution No. 25, Series 2007
Page 3