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HomeMy WebLinkAboutresolution.apz.037-99RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL AMEND APPLICABILITY PROVISIONS OF PLANNED UNIT DEVELOPMENT, SECTION 26.445.020 OF THE LAND USE CODE. Resolution No. 99 - 37 WHEREAS, Pursuant to Section 26.304.040, City Council may initiate text amendments to the Land Usc Code and did so initiate this text amendment to the Land Use Code after considering a recommendation by the Community Development Director; and, WHEREAS, the City Council may approve Amendments to the text of the Land Use Code after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.310; and, WHEREAS, the Community Development Department analyzed the amendment, pursuant to Section 26.310, and recommended the applicability section of the Planned Unit Development (PUD) regulations be amended to allow parcels of less than 27,000 square feet in size tc be reviewed under the provisions of PUD, as provided herein; and, WHEREAS, during a duly noticed public hearing on November 16, 1999, the Planning and Zoning Commission considered a recommendation made by the Community Development Director, rook and considered public testimony,.and ' recommended, by a four to zero vote (4-0), City Council amend the applicability provision of the Planned Unit Development Section of the Land Use Code, Section 26.445.020, as amended by the Commission during the public hearing and described herein. NOW, THEREFORE BE IT RESOLVED by the Commission: That the City Council should amend the applicability provisions of the Planned Unit Devel?pment regulations with the inclusion of the following underlined text to be included in Section 26.445.020: A development application for a Planned Unit Development (PUD) may be applied for by the property owners of any proposed development in the City of Aspen that is on a parcel of land equal to or greater than twenty-seven thousand (27,000) square feet intended for residential, commercial, tourist or other development purposes. A development application for a Planned Unit Development (PUD) may be applied for by the property owners of any proposed development in the City of Aspen that is on a parcel of land less than twenty-seven thousand (27,000) square feet intended for residential, commercial, tourist or other development purposes if, prior to application, the Community Development Director determines the development of the property may have I IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 438986 12/28/1999 02:28P RE$OLUT! DI:IVZ$ $ILV! I or' 2 R 10.00 D 0.99 N 0.09 p1'TKIN COUNTY CO the ability to further one or more goals of the Aspen Area Conununity Plan and that the provisions of the Planned Unit Development land use review process will best serve the interests of the community. By virtue of this determination, the application shall not be granted any special rights or privileges and shall be required to demonstrate compliance with all applicable portions of this chapter. If the Community Development Director determines the proposed developmem is not suitable to be reviewed as a Planned Unit Development, the property owner may appeal the decision to the Planning and Zon'mg Commission and the Commission, by Resolution and after considering a recommendation made by the Community Development Director, may determine that the development of the property may have the ability to further one or more goals of the Aspen Area Community Plan and that the provisions of the Planned Unit Development land use review process will best serve the interests of the community. By virtue of this determination, the application shall not be granted any special rights or privileges and shall be required to demonstrate compliance with all applicable portions of this chapter. A development application for a Minor Planned Unit Development (Minor PUD) may be applied for by the property owners o£a parcel of land located within the Lodge Preservation Overlay (LP) Zone District intended for development consistent with the purpose of the LP Overlay Zone District. APPROVED by the Commission at its regular meeting on November 16, 1999. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: A~sistant City Attorney ATTEST: Robert Blaich, Chair ~Deputy City Clerk CShome\CHRISB\CASESXPUD-27kLPZ_KESO.doc I IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 438986 12/28/1999 02:21P ~ESOLUT! DRVI$ SlLV! 2 o¢ 2 R 19 00 D 0.00 N 0.00 P!TK!N COUNTY CO