HomeMy WebLinkAboutExhibit C_PandZ_Resolution No. 07_Series of 2022
P&Z Resolution #07, Series of 2022
Page 1 of 3
RESOLUTION #07
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING APPROVAL FOR ANNEXATION, AN AMENDMENT TO THE
ZONE DISTRICT MAP AND A PLANNED DEVELOPMENT- PROJECT REVIEW
AND DETAILED REVIEW FOR THE PROPERTY COMMONLY KNOWN AS 105
AABC, LEGALLY DESCRIBED AS LOT 3 OF THE COMMUNICATIONS CENTER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3,
1988 IN PLAT BOOK 21 AT PAGE 34, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel No. 2735-031-02-003
WHEREAS, the Community Development department received an application from the City
of Aspen Capital Asset Department, represented by Robert Schultz Consulting, LLC, requesting
approval of Annexation, an Amendment to the Zone District Map and a Planned Development for
the property at 105 AABC, legally described as Lot 3 of the Communications Center Subdivision,
Pitkin County, Colorado; and,
WHEREAS, the property is owned by the City of Aspen, is zoned B-2 (General Business),
and is located in unincorporated Pitkin County; and,
WHEREAS, the Applicant requests that the Planning and Zoning Commission review the
proposed annexation against review criteria within the City of Aspen’s adopted Annexation Plan,
and provide recommendation to City Council in support of the annexation of this property; and,
WHEREAS, the Applicant requests the Planning and Zoning Commission find that the
Amendment to the Zone District Map meets applicable requirements and provide a
recommendation to City Council in support of an underlying Zone District of Service Commercial
Industrial, SCI with a Planned Development overlay; and,
WHEREAS, the Applicant requests the Planning and Zoning Commission find that the
Planned Development meets applicable requirements a provide a recommendation to City Council
in support of Planned Development Project Review and Detailed Review and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department found that the application meets or exceeds the applicable
standards of review; and,
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and considered
the land use proposal under the applicable provisions of the Municipal Code as identified herein,
reviewed and considered the recommendation of the Community Development Director and took
and considered public comment at a duly noticed public hearing on March 1st, 2022; and,
P&Z Resolution #07, Series of 2022
Page 2 of 3
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the application
meets the applicable review criteria and that approval of the request is consistent 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 City of Aspen Planning and Zoning Commission approves Resolution #07,
Series of 2022, by a 5 to 0 (five-zero) vote, recommending approval for Annexation, an
Amendment to the Land Use Code and Zoning Map and Planned Development Review for Project
Review and Detailed Review as identified herein.
NOW, THEREFORE BE IT RESOLVED, THE ASPEN PLANNING & ZONING
COMMISSION RECOMMENDS THE FOLLOWING:
Section 1: Recommendation of Approval
The City of Aspen Planning and Zoning Commission provides the following recommendation to
Aspen City Council:
a) The proposed annexation meets applicable review criteria in The City of Aspen’s
adopted Annexation Plan and should be approved.
b) The proposed Zoning of SCI (Service, Commercial, Industrial) with a Planned
Development overlay is appropriate and meets applicable review criteria in the Land Use
Code and should be approved.
c) The proposed Planned Development overlay is an appropriate tool to memorialize the
existing dimensions and uses on the property and meets applicable review criteria and
should be approved.
Section 2: Material Representations
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 site development
approvals and the same shall be complied with as if fully set forth herein, unless amended by an
authorized entity.
Section 3: Existing Litigation
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: Severability
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
P&Z Resolution #07, Series of 2022
Page 3 of 3
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
APPROVED by the Commission at its meeting on March 1, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
_________________________________ ________________________
Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair
ATTEST:
____________________________
Cindy Klob, Records Manager