HomeMy WebLinkAboutresolution.apz.006-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT, PURSUANT TO CHAPTER 26.92, AMENDMENTS TO
THE LAND USE REGULATIONS AND OFFICIAL ZONE DISTRICT MAP, OF THE
ASPEN MUNICIPAL CODE, CITY COUNCIL APPROVE THE PROPOSED
AMENDMENTS OF TITLE 26, THE LAND USE CODE
Resolution No. 99- 06
WHEREAS, Pursuant to the procedures and provisions set forth in Chapter 26.92
of the Aspen Municipal Code, the Community Development Department has formally
proposed amending numerous Sections of the Aspen Municipal Code in an effort to
simplify the format and intent of the Land Use Code; and,
WHEREAS, pursuant to Section 26.92.030, Procedure for Amendment, of the
Aspen Municipal Code, a development application for amendment to the text of the
Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or disapproval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and,
WHEREAS. the Community Development Department prepared the proposed
amendments and recommended approval to the Planning and Zoning Commission; and,
WHEREAS, the Planning and Zoning Commission reviewed the proposed
amendments and did conduct a properly noticed public hearing on April 6, 1999; and,
WHEREAS, upon review and consideration of the proposed text amendments,
agency and public comment thereon, and those applicable standards as contained in
Chapter 26 of the Municipal Code, m wit, Division 92 (Text Amendments), the Planning
and Zoning Commission has, by vote of five to zero (5-0), recommended that City
Council adopt the proposed amendments as addressed in the City Attorney's
memorandum prepared by John Womester and dated March 1, 1999, together with the
proposed amendments as put forth in the reformatted document attached as Exhibit B,
with some additional changes as addressed at the hearing and outlined below.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1:
That the Commission formally recommends that City Council amend Section 26 Land
Use Code, of the Aspen Municipal Code to read as presented in the reformatted document
attached as Exhibit B.
Section 2:
That the additional changes be made to Exhibit B:
Chapter 26.212 Planning and Zoning Commission, Section 26.212.010 Powers and
Duties, adding items (P) and (Q); and Chapter 26.220 HPC, Section 26.220.020 Powers
and Duties, items (J) and (K), both of which would read as follows (consistent with
DRAC duties):
· The hear. review and approve variances to the Residential Design
Guidelines, pursuant to Chapter 26.410:
To hear and decide appeals from. and rewew any order, requirement,
decision, or determination made by, any administrative official charged
with the enforcement of Chapter 26.410, including appeals of
interpretation of the text of the Residential Design Standards. The
Commission may only grant relief from the Residential Design Standards.
A variance from the Residential Design Standards does not grant an
approval to vary other standards of this Chapter that may be provided by
another decision making administrative body. and
Section 26.480.030 Exemptions, Subsection (A) (c). be deleted and condition (e) be
modified as follows (new language in BOLD):
e. It is demonstrated that the lot line adjustmem will not affect the
development rights, including any increase in FAR, or permitted
density of the affected lots by providing the opportunity to create a new
lot for resale or development. A plat note will be added to the
corrected plat indicating the purpose of the lot line adjustment and
the recognition that no additional FAR will be allowed with the
adjustment.
APPROVED by the Commission at a regularly scheduled public heating on April 6,
1999.
Attest:
Planning and Zoning Commission:
City Clerk
I IIIIII IIIII IIIIII IIII IIIII IIIIIII IIIII III IIIII IIII IIII
432441 88/21/1999 1~:43;I RESOLUT! DAV!S S!LV]
2 of' 3 R 16.00 D 0.00 N 0.00 PTTKIN COUNTY CO
APPROVED AS TO FORM:
Davi~~stant C~]~ A~omey
g:xplanning\aapcrt\re$os.doo p&z\luo,doc
P&Z Resolution 99- 06
I IIIIII IIIII IIIIII IIII IIIII IIIIIII IIIII III IIIII IIII IIII
43244~ 08/22/Zggg 10:43~ RESOLUTX DAVXS SXLYX
3 oF 3 R 28.00 D 0.~0 N 0.~0 PZTKIN COUNTY CO
3