HomeMy WebLinkAboutresolution.apz.009-2015 RESOLUTION NO. 9
(SERIES OF 2015)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
PROVIDING A RECOMMENDATION OF DENIAL TO CITY COUNCIL FOR
REZONING AND MINOR PLANNED DEVELOPMENT AMENDMENT FOR
OBERMEYER PLACE, COMMONLY DESCRIBED AS 601 RIO GRANDE-PL., CITY
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Community Development Department received an application from
Obermeyer Place Condominium Associates (Applicant), represented by Jerome Simecek,
requesting the Planning and Zoning Commission provide a recommendation of approval to City
Council of a Rezoning and Minor PD Amendment at Obermeyer Place; and,
WHEREAS, the Obermeyer Place COWOP PD was granted final approval via
Ordinance No. 18, Series of 2003 by the Aspen City Council; and
WHEREAS, the Project includes all land between East Bleeker Street and Rio Grande
Place, all land bordering East Bleeker Street between Spring Street and Rio Grande Place, and
portions of Rio Grande Park, more precisely described as: a tract of land in the East Aspen
Townsite Addition, according,to the plat thereof recorded as Document No. 108453 of the records
.of Pitkin County, identified as Parcel No. 273707324003, according to the•Pitkin County Assessor
and known.as 540 East Main Street, Gignoux-Lynch Subdivision Lots 1 and 2, Lots 6 through 9,
Block 20. East Aspen Addition, Lots 9 through 9 Rio Grande Subdivision, a tract of land identified
as Parcel No. 273707300040 according to the Pitkin County Assessor and known as 600 East
Bleeker Street, a tract of land identified as Parcel No. 273707300041, according to the Pitkin
County Assessor and known as 530 East Bleeker Street right-of-way between Spring St and Rio
Grande Pl, that portion of Rio Grande Park owned by the City of Aspen accommodating and
affected by the Pitkin County recycling operation and snow melting facility, that portion of Rio
Grande PI right-of-way between and including its two intersections with East Bleeker Street, and a
parcel of land owned by Pitkin County known as Rio Grande Subdivision Lot#5, all located within
the City of Aspen.
WHEREAS, pursuant to Chapter 26.310.060 of the Land Use Code, Rezoning may be
reviewed by the Planning and Zoning Commission and granted a recommendation of approval,
approval with conditions, or denial of the application at a duly noticed public hearing; and
WHEREAS, pursuant to Chapter 26.445.110 of the Land Use Code, a Minor PD
Amendment may be approved, approved with conditions, or denied by the City Council.
However, Staff is requesting a recommendation from the Planning and Zoning Commission as
part of this application; and
WHEREAS, during a regular meeting on May 26, 2015, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the project and, provided a
recommendation of denial of the Rezoning and PD Amendment; and,
WHEREAS,the Aspen Planning and Zoning Commission finds that the proposed rezoning
and minor planned development amendment does not further and is not necessary for the promotion
of public health, safety, and welfare.
RECEPTION#: 620593, 06/10/2015 at
03:02:42 PM,
Page 1 oft 1 OF 2, R $16.00 Doc Cade RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
NOW, THEREFORE BE IT RESOLVED that the Planning and Zoning Commission makes a
recommendation to the Aspen City Council to deny the Rezoning and Minor PD Amendment
requests, pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, for Obermeyer Place, as listed below.
Section 1
The following shall be provided as a recommendation to City Council, per this resolution:
a. The Planning and Zoning Commission has made a recommendation of denial of the
requested for the rezoning of Obermeyer Pl. and the Minor Planned Development
Amendment by a vote of 3:1.
b. The Planning and Zoning Commission recommends the City Council revisit and amend
Chapter 26.710.160 of the Land Use Code–the SCI zone district chapter–in a complete
and timely manner to determine what changes might be made to resolve the issues
presented by the representatives of Obermeyer Pl. without rezoning this parcel to
Neighborhood Commercial.
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.
DENIED BY the Planning and Zoning Commission of the City of Aspen on this 26th day of May,
2015.
i
r
ith 'de,Vice Chair
APPROVED AS TO FORM: ATTEST:
DebbiU-Q—mn,Asst City Attorney Cindy Klo ,Records Manager
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