HomeMy WebLinkAboutresolution.apz.005-12 RESOLUTION NO. 5
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL DENY THE REZONING AND PLANNED UNIT
DEVELOPMENT APPLICATION FOR 219 SOUTH THIRD STREET, ASPEN,
COLORADO.
Parcel ID: 2735 - 124 -65 -005
WHEREAS, the Community Development Department received an application for the
property located at 217 and 219 South 3` Street from Suzanne Foster representing YLP West,
LLC, owner, for the following land use review approvals:
• Final Planned Unit Development, pursuant to Land Use Code Chapter 26.445.
• Lot Split Subdivision, pursuant to Land Use Code Chapter 26.480.030.
• Amendment to the Zone District Map, pursuant to Land Use Code Chapter 26.310. ; and,
WHEREAS, the subject Property is commonly known as 217 and 219 South 3 Street
and 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.
WHEREAS, The application regards two properties: The "upper lot" is approximately
3,496 square feet, currently unimproved and bisected by the Midland Trail. The "lower lot" is
approximately 9,942 square feet and improved with two residences in a duplex configuration.
The applicant is requesting approval to split the lower lot into two development sites, each to
contain a single - family residence and to restrict the upper lot to open space. The application
requests Lot Split approval, Planned Unit Development approval, and rezoning approval to
rezone the property from R -15 to R -15 -PUD.
WHEREAS, pursuant to Section 26.445.020, the Community Development Director
determined that the application has the ability to further goals of the Aspen Area Community
Plan and the provisions of Planned Unit Development best serve the interests of the community;
and,
WHEREAS, pursuant to Section 26.445.030.B.2, the Community Development Director
determined that the project could be reviewed as a consolidated conceptual and final review
finding that the full 4 -step review would be redundant; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire
Protection District, Parks Department, Aspen/Pitkin County Housing Authority, and City
Utilities as a result of the Development Review Committee meeting; and,
WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Final PUD approval
may be granted by the City Council at a duly noticed public hearing after considering
P &Z Resolution No. 5, Series 2012.
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recommendations by the Planning and Zoning Commission, the Community Development
Director, and relevant referral agencies; and,
WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Lot Split Subdivision
approval may be granted by the City Council at a duly noticed public hearing after considering
recommendations by the Community Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Chapter 26.310 of the Land Use Code, an amendment to the
Official Zone District Map (Rezoning) may be granted by the City Council at a duly noticed
public hearing after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, during a meeting on January 10, 2012, the Planning and Zoning
Commission opened a duly noticed public hearing, considered the Application, received
presentation from the Applicant, considered the comments and recommendations of the
Community Development Director, considered comments and suggestions offered by members
of the public, considered questions and responses by staff or the Applicant, considered comments
and discussion by Commission members, and recommended , by a six to one (6 -1) vote, City
Council deny the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
The Foster Subdivision/PUD application is recommended for City Council denial.
A public hearing on the Resolution was held on the 10 day of January, 2012, at 4:30 in the Sister
Cities Room, City Hall, 130 South Galena Street, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
FINALLY, adopted, passed and approved this 10 day of January, 2012.
Attest:
�j
ckie Lothian, City Clerk ipp rspamer, hairman
Approved as to form:
m True, Special Counsel to the City of Aspen
Exhibit A — Proposed Subdivision Map
P &Z Resolution No. 5, Series 2012.
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Exhibit A
Proposed Lot Split Subdivision Map
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P &Z Resolution No. 5, Series 2012.
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