HomeMy WebLinkAboutresolution.apz.010-11 RESOLUTION NO. 10
(SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING 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
Parcel ID:
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.
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
hearing 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,
WHEREAS, The Planning and Zoning Commission passed Resolution No. 5 (Series of 2010),
recommending denial of the request but recommended the Applicant consider resubmission of the request
with submission of a development plan that addresses the expressed concerns of the public; and,
WHEREAS, the Applicant resubmitted the request for a map amendment with schematic
development plans;
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommended approval of the request; and,
WHEREAS, The Planning and Zoning Commission voted on the request which resulted in a tie
vote, constituting no action; and,
WHEREAS, due to the tie vote and concern that mailing of notice may have been defective,
the Applicant requested a new hearing to perfect notice; and,
WHEREAS, upon review of the application and the applicable code standards, the Community
Development Department recommended approval of the request; and,
RECEPTION #: 580045, 05/20/2011 at
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1 OF 2, R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, during a regular meeting on May 17, 2011, 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
by a vote of four to one (4 to 1) that the City Council deny the amendment to the official zone district
map.
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).
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 0, P, and Q that lies south 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 and recommends the applicant to consider
resubmission for rezoning concurrent with submission of a specific development plan that would
address the expressed concerns of the public.
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 May 17, 2011.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Jim True, Special Counsel Stan Gibbs, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
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