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HomeMy WebLinkAboutresolution.apz.018-2013 RECEPTION#: 602755, 08/23/2013 at 11:26:59 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO RESOLUTION N0. 18, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL DENY A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, REZONING TO PUD, AND SUBDIVISION FOR THE PROPERTY LOCATED AT 700 UTE AVE (THE ASPEN ALPS CONDOMINIUMS), LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION. Parcel ID: 2 73 7-182-67-800 WHEREAS, the Community Development Department received an application from The Aspen Alps Condominiums Homeowners Association, represented by Sunny Vann of Vann Associates requesting a Planned Unit Development (PUD) Amendment, Subdivision, and Rezoning to memorialize the existing improvements at the Aspen Alps Condominiums and establish a single PUD for the entire project; and, WHEREAS,the property is zoned Lodge (L) with a Planned Unit Development (PUD) Overlay on Parcels 4 and 7 and portions of Parcels 3 and 6 ; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on June 11, 2013, continued to July 18, 2013, and August 6, 2013, the Planning and Zoning Commission approved Resolution No. 18, Series of 2013, by a three to two (3 — 2) vote, recommending City Council deny PUD, Subdivision, and Rezoning reviews; and, WHEREAS, the 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; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal does not meet the applicable development standards; and, WHEREAS, the 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 PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council deny a PUD, Subdivision, and Rezoning for the Aspen Alps Condominiums, legally described in Exhibit A to this Resolution. Section 2• Resolution No 18, Series 2013 Page 1 of 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 3: 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 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 the 6th day of August, 2013. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Debbie Quinn,Assistant City Attorney 141rspamer, Chair ATTEST: Reed Patterson,Deputy Ciry Clerk Exhibit A: Legal Description of The Aspen Alps Condominiums Resolution No 18, Series 2013 Page 2 of 4 Exhibit A: Aspen Alps Condominiums Legal Description Parcel 1: Building 100, Aspen Alps, according to the Condominium Declaration for Aspen Alps recorded December 11, 1963 in Book 205 at Page 145, as amended, and according to the Condominium Map recorded January 8, 1964 in Plat Book 2a at Page 308, County of Pitkin, State of Colorado; Parcel 2: Building 200, Aspen Alps West, according to the Condominium Declaration for Aspen Alps West recorded March 15, 1965 in Book 212 at Page 83, as amended, and according to the Condominium Map Recorded March 17, 1965 in Plat Book 3 at Page 26, Amendment No 1 Recorded February 25, 1992 in Plat Book 28 at Page 69, Second Supplemental Condominium Map Recorded July 26, 2002 in Plat Book 61 at Page 40, Third Supplemental Condominium Map Recorded October 12, 2010 in Plat Book 94 at Page 90, County of Pitkin, State of Colorado; Parcel 3: Building 300, 400, 500, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South Recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to The Condominium Map Recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement Recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Parcel 4: Building 700, Aspen Alps South Condominiums, according to the Condominium Declaration for Aspen Alps South recorded December 1, 1965 in Book 217 at Page 189, and The First Supplement Recorded January 6, 1969 in Book 238 at Page 804, and according to the Condominium Map recorded December 10, 1965 in Plat Book 3 at Page 54, and First Supplement Recorded December 10, 1969 in Plat Book 3 at Page 373, Second Supplement recorded April 14, 2005 under Reception No. 508992, County of Pitkin, State of Colorado. Parcel includes a portion of Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded at Plat Book 36 at Page 94); Parcel 5: Building 800, Aspen Alps North Condominiums, according to The Condominium Declaration For Aspen Alps North recorded January 31, 1973 in Book 271 at Page 967, and the Amendment recorded June 4, 1973 in Book 276 at Page 393, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 437, and Agreement to Amend Condominium Declaration for Aspen Alps North Condominiums recorded October 19, 1993 in Book 727 at Page 457, and according to The Condominium Map recorded January 31, 1973, in Plat Book 4 at Page 353, and First Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 87, and Second Supplemental Condominium Map recorded October 19, 1993 in Plat Book 32 at Page 88, County of Pitkin, State of Colorado; Parcel 6: Lot 2a, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado. Parcel includes Government Lot 42, Section 18, Township 10 South, Range 84 West of The 6th Principal Meridian, County of Pitkin, State of Colorado (Lot 42 merged with Lot 33, per Bureau of Land Management Supplemental Plat, Dated 1995, Recorded in Plat Book 36 at Page 94); Resolution No 18, Series 2013 Page 3 of 4 Parcel 7: Lot 2b, Replat of Lot 2, Moses Lot Split (A Lot Line Adjustment) and Final Subdivision Plat of the George P. Mitchell and H.A. Bornefield, Jr Property, according to The Plat Thereof recorded September 3, 1992 under Reception No. 348317, County of Pitkin, State of Colorado; and Parcel 8: A Tract of Land Situated in The West One-Half of The Northwest One-Quarter of Section 18, Township 10 South, Range 84 West of The 6th P.M., County of Pitkin, State of Colorado, described as follows: Beginning At The Most Southwesterly Corner of That Tract of Land Shown On The Condominium Map of Aspen Alps North Recorded in Plat Book 4 At Page 353, From Whence Corner No. 9 of Aspen Townsite Bears North 10*06'00" East 239.97 Feet and North 39*57'22" West 403.50 Feet; Thence Along The Southerly Line of Said Tract of Land South 79*05'00" East 35.72 Feet; Thence South 20*15'00" East 11.00 Feet; Thence South 03*30'00" East 12.50 Feet To Line 5-6 of The M&Y Lode, United States Mineral Survey No. 3921; Thence Along Line 5-6 of Said M&Y Lode South 44*59'00" West 67.87 Feet To Line 3-4 of The Millionaire Lode, United States Mineral Survey No. 3620a; Thence Along Line 3-4 of Said Millionaire Lode North 04*30'00" East 55.20 Feet To Corner No. 4 of Said Millionaire Lode; Thence North 10*06'00"East 22.97 Feet To The Point of Beginning. Resolution No 18, Series 2013 Page 4 of 4