HomeMy WebLinkAboutresolution.apz.004-12 RESOLUTION NO. 4, SERIES OF 2012
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS AN AMENDMENT TO THE FRATERNAL
ORDER OF THE EAGLES CONDITIONAL USE TO USE 1,881 SQ FT OF BASEMENT
- SPACE FOR COMMERCIAL USE, AND RECOMMENDING CITY COUNCIL
APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN
ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST, LOT 3 OF CREEKTREE
SUBDIVISION, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737 - 073 - 508 -03
WHEREAS, the Community Development Department received an application from the
Fraternal Order of the Eagles, requesting approval of a Conditional Use amendment to allow
1,881 sq ft of their basement to be used for a commercial catering business, and a
recommendation to City Council for the approval of Growth Management allotments for an
Essential Public Facility; and,
WHEREAS, the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use,
pursuant to Section 26.104.100 "arts, cultural, and civic use ", in the R -6 Medium Residential
Zone District; and,
WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public
purpose by serving the needs of the general public and Aspen community, and therefore is
categorized as an Essential Public Facility, pursuant to Section 26.104.100; and,
WHEREAS, the subject property is zoned R -6 Medium Residential with a PUD Overlay;
and,
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department recommended denial, of the proposed land use requests;
and,
WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and
Zoning Commission approved Resolution No.4, Series of 2012, by a Four to One (4 -1) vote; 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 Aspen Planning and Zoning Commission finds that the development
proposal meets all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
• P &Z Resolution 4, Series of 2012
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WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers
and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Section 1: Dimensional Standards
Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code,
the Planning and Zoning Commission hereby approves with conditions the use of 1,881 sq. ft. of
the basement of the Fraternal Order of the Eagles (also known as the Eagles Club) as commercial
net leasable space. The space can be used for regular operations of the Eagles Club, as well as
by a commercial catering operation.
Section 2: Conditional Use Amendment
A Conditional Use Amendment is approved to allow the basement of the Eagles Club, measuring
approximately 1,881 sq ft, to be used as commercial net leasable space for a commercial catering
company, conditioned upon fulfilling all conditions imposed by City Council in their Growth
Management Review for an Essential Public Facility. The Eagles Club shall not permit the space
to be leased to more than one (1) business at any one time.
Section 3: Growth Management for Essential Public Facility
The Planning and Zoning Commission has determined that the employee generation rate for the
commercial use of the space is three (3) employees. The APCHA Board and the Planning and
Zoning Commission recommend City Council waive any Affordable Housing mitigation
associated with the existing catering operation. An employee audit shall be provided to APCHA
with the current number of employees. Any change in the nature of the current use by a single
commercial catering operation or an increase in employees beyond three (3) shall trigger
additional review, pursuant to the Aspen Land Use Code.
Section 4:
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 or City Council, 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.
Section 5:
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 6:
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.
P &Z Resolution 4, Series of 2012
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APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of
February, 2012.
APPROVED AS TO FORM: PLANNIN D ZONING
COMMI N:
City Attorney LJ Erspamer, Chairman
AT T jet
ackie Lothian, Deputy City Clerk
P &Z Resolution 4, Series of 2012
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