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HomeMy WebLinkAboutresolution.apz.006-2013 RESOLUTION NO. 6 (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF A ZONE DISTRICT DESIGNATION FOR A PORTION OF LOT 1,MOSES LOT SPLIT SUBDIVISION, COMMONLY DESCRIBED AS 605 S. ALPS ROAD,CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273 718256003 WHEREAS, the Community Development Department received an application from S. Alps Road LLC (Applicant), represented by Alan Richman of Alan Richman Planning Services, requesting annexation of a portion of Lot 1, Moses Lot Split Subdivision; and, WHEREAS, part of Lot 1 is currently located within the city's municipal boundary and part of it is within unincorporated Pitkin County; and, WHEREAS, the portion of Lot 1 located within the city's municipal boundary is designated Moderate-Density Residential with a Planned Unit Development overlay (R- 15/PUD); and, WHEREAS, the Planning and Zoning Commission is tasked with recommending a zone district designation to City Council for properties that are petitioning to annex into the city; and, WHEREAS, the Aspen Community Development Department reviewed the proposed annexation petition and recommended a zone district designation of Moderate-Density Residential with a Planned Unit Development overlay (R-15/PUD); and, WHEREAS, during a meeting on February 19, 2013 the Planning and Zoning Commission opened a duly noticed public hearing and approved a recommendation to City Council of a zone district designation of R-15/PUD by a four to zero (4-0) vote, with the findings listed hereinafter; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval if a zone district designation of Moderate-Density Residential with a Planned Unit Development overlay (R-15/PUD) for the portion of Lot 1 of the Moses Lot Split Subdivision legally described as: All that certain property situate in the County of Pitkin, State of Colorado, being within the Southerly portion of Lot 1, as said Lot 1 is shown upon that certain plat entitled "Moses Lot Split" filed in the office of the Clerk and Recorder of Pitkin County, Colorado on June 26, 1987 in Plat Book 19 at Page 83, said real property being more particularly described as follows: Beginning at the most Southerly corner of said Lot 1; thence North 05° 31' 27" West (shown on said plat of"Moses Lot Split" as N 05° 19' 34" W) 154.87 feet along the Westerly boundary line of said Lot 1 to the intersection of the City of Aspen "City Limits" line as said "City Limits" line is shown between station SA7 and station SA8 upon that certain map entitled"South Annexation Planning and Zoning Commission Resolution No. 6, Series 2013 Page 1 of 2 to the City of Aspen, Colo" filed in the office of the Clerk and Recorder of Pitkin County, Colorado on March 24, 1967 in Plat Book 3 at Page 132; thence along said "City Limits" line South 70° 37' 21" East (shown on said map of"South Annexation to the City of Aspen, Colo" as S 700 37' E) 131.76 feet to the intersection with the east boundary of said Lot 1, thence S 44° 43' 37" W (shown on said plat of"Moses Lot Split" as S 45° 00' 00" W) 155.43 feet to the point of beginning. Section 2• 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, 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 3• This resolution shall not effect 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 4• 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 Planning and Zoning Commission of the City of Aspen on this 19th day of February, 2013. APPROVED AS TO FORM: PLANNING AND ZONING CO 1�'IIS�IO Deb Quinn,Assistant City Attorney LJ Erspamer, Chai ATTEST: ckie Lo Wan,Deputy City Clerk Planning and Zoning Commission Resolution No. 6, Series 2013 Page 2 of 2