HomeMy WebLinkAboutresolution.apz.08-19 RESOLUTION NO. 8
(SERIES OF 2019)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING DENIAL FOR A MAJOR SUBDIVISION TO VACATE A
PORTION OF THE WESTERLY HALF OF SOUTH ASPEN STREET TO THE
BENEFIT OF THE SHADOW MOUNTAIN VILLAGE CONDOMINIUMS.
WHEREAS, the Community Development Department received an application from the
Shadow Mountain Village Condo Association, 809 South Aspen Street, Aspen, CO 81611 for a
major subdivision to vacate a portion of the westerly half of South Aspen Street; and,
WHEREAS,the Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS,upon review of the application and the applicable Land Use Code standards,
the Community Development Director recommended denial of a Major Subdivision to vacate a
vehicular right-of-way; and,
WHEREAS, the City of Aspen Planning and Zoning Commission has reviewed and
considered 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 on June 4,
2019; and,
WHEREAS,the City of Aspen Planning and Zoning Commission finds that the development
proposal does not meet the applicable review criteria and that the approval of the request is
inconsistent with the goals and objectives of the Land Use Code; and,
WHEREAS,the City of Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
WHEREAS,the Planning and Zoning Commission approves Resolution 8, Series of 2019,
by a 5 to 0 (5-0) vote, recommending denial for a Major Subdivision to vacate a portion of the
western half of South Aspen Street as identified herein.
NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission:
Section 1
The Planning and Zoning Commission ("Commission") recommends City Council deny the
request for vacation of the right of way for the westerly half of South Aspen Street. The
Commission finds that the request:
• Does not maintain or improve the public health, safety or welfare of the community; and
• Does not comply with Engineering design standards and is inconsistent with adopted
policies, plans and approved projects for the area; and
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• Does not maintain or improve normal traffic circulation, traffic control capabilities, access
by emergency and service vehicles, pedestrian and bike connections, drainage
infrastructure, street infrastructure maintenance needs and normal operating needs of the
City, including snow removal; and
• Is premature at this time, given the unknown status and timeline of the surrounding
Gorsuch Haus development.
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 meeting on June 4, 2019.
APPROVED A TO FORM: PLANNING AND ZONING
COMMISSION:
Andrea Bryan, Assistant City ttorney Spe cKnight, Chair
ATTEST:
Jeannine Stickle, Records nager
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