HomeMy WebLinkAboutresolution.council.008-11 RESOLUTION NO. S 7\IOY AD Q PT E D
(SERIES OF 2011) U
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING A RESOLUTION
APPROVED BY THE PLANNING AND ZONING COMMISSION
WHEREAS, the Planning and Zoning Commission approved a resolution granting certain entitlements
and recommending City Council approve certain entitlements with conditions via Resolution No. 22 (Series of
2010) and specifically recommending establishment of dimensional requirements including off - street parking
spaces through Planned Unit Development; and,
WHEREAS, pursuant to Chapter 26.316 — Appeals, neighboring property owners submitted a Notice of
Appeal with regard to the approval of the resolution by the Commission, specifically, the determination by the
Commission concerning parking through Planned Unit Development standards rather than Special Review
standards; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the resolution of the
Commission or modify or reverse the resolution upon finding that there was a denial of due process, exceeding
of jurisdiction, or abuse of authority by the Commission in approving the resolution; and,
WHEREAS, the City Council has taken and considered written and oral argument from Attorney Jody
Edwards representing the appellants, the Community Development Director and has found that the Commission
provided due process and neither exceeded its jurisdiction or abused its authority in approving the resolution;
and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
.4OW, THEREFORE BE IT RESOLVED that the City Council affirms the Planning and Zoning
Commission's approval of Resolution No. 22 (Series of 2010) including their recommendation with regard to
off - street parking through Planned Unit Development standards.
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proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the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.
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 Aspen City Council at its regular meeting on , 2011.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
APPROVED AS TO FORM:
C ahn Worcester, City Attorney
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