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HomeMy WebLinkAboutresolution.apz.016-14 RECEPTION#: 615546, 11/20/2014 at 01:37:45 PM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 16 (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE MAJOR SUBDIVISION AND REZONING FOR THE PROPERTYS COMMONLY KNOWN AS 506 & 530 E. MAIN STREET, LEGALLY DESCRIBED AS LOTS Q, R, AND THE WESTERLY 7.5 FEET OF LOT S, BLOCK 92, CITY AND TOWNSITE OF ASPEN, LOTS 11, 12 AND THE WESTERLY 7.5 FEET OF LOT 10, BLOCK 19, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; AND LOT 1, FIRST AMENDED PLAT OF LOT 1, PITKIN COUNTY CENTER SUBDIVISION ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 93 AT PAGE 56, COUNTY OF PITKIN, STATE OF COLORADO. Parcel 113s: 2737-073-24-004 and 2737-073-47-851 WHEREAS, the Community Development Department received an application from the Pitkin County Board of County Commissioners (Applicant), represented by Stan Clausen Associates, requesting the Planning and Zoning Commission recommend approval of Major Subdivision and Rezoning reviews for the properties commonly known as 506 & 530 E. Main Street, legally described as Lots Q, R, and the westerly 7.5 feet of Lot S, Block 92, City and Townsite of Aspen, Lots 11, 12 and the westerly 7.5 feet of Lot 10, Block 19, East Aspen Addition to the City and Townsite of Aspen, County of Pitkin, State of Colorado; and Lot 1, First Amended Plat of Lot 1, Pitkin County Center Subdivision according to the plat recorded in Plat Book 93 at Page 56, County of Pitkin, State of Colorado; and, WHEREAS, the property at 506 E. Main Street is currently zoned Public (PUB) and the property at 530 E. Main Street is currently zoned Commercial Core (CC); and, WHEREAS, the properties are located in the Commercial Core Historic District; and, WHEREAS, the property located at 506 E. Main Street is listed on the Aspen Inventory of Historic Landmarks and Structures; and, WHEREAS, according to Section 26.480.070, Major Subdivision shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission; and, WHEREAS, according to Section 26.310.060, Rezoning shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, Resolution No. 16, Series of 2014 Pitkin County Center Subdivision Page 1 of 4 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, the applicable referral agencies,and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on November 11, 2014, the Planning and Zoning Commission approved Resolution No. 16, Series of 2014, by a five to zero (5 —0)vote, recommending the Aspen City Council approve a Major Subdivision Review and Rezoning; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds 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, 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: Subdivision 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 approve Major Subdivision Review for the merger of the two lots legally described above into one, and the vacation of all right-of-way contained within said lot, with the following conditions: Easements shall be established or relocated to align with the existing utilities within the proposed property. The 20' easement on the east side of the property shall be removed. Section 2: Rezoning 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 approve Rezoning of the resultant Lot 1 of the Pitkin County Center Subdivision to Public (PUB). Section 3: Historic Designation The Planning and Zoning Commission hereby recommends to City Council the historic designation boundary for 506 E. Main Street, originally designated under Ordinance No. 57, Series of 1981, shall be defined as: Former Lots K, L, M, and N, Block 92, City and Townsite of Aspen, as represented in Exhibit I to this Resolution. This historic status of Lots 0 & P (Veterans Park) is unclear and shall be documented by Staff and reviewed by City Council prior to approval. Resolution No. 16, Series of 2014 Pitkin County Center Subdivision Page 2 of 4 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 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 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 11"' day of November,2014. Approved as to form: Planning and Zoning Commissio . JR True,City Attorney L& gamer, C air ames ATTEST: Cindy Mob,Records Manager Exhibit[-Historic Designation Boundary Resolution No. 16, Series of 2014 Pitkin County Center Subdivision Page 3 of 4 EXHIBIT I r « O N w .�laai'd 3 C .o _�7- _ i r � r t r / ws•. •r f -_j 11 Former Lots K,L,M, and N, Block 92, City and Townsite of Aspen Resolution No. 16,Series of 2014 Pitkin County Center Subdivision Page 4 of 4