HomeMy WebLinkAboutresolution.apz.047-00 RESOLUTION NO,
(SERIES OF 2000)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE THE REZONING TO R-I$,
MODERATE DENSITY RESIDENTIAL FOR A PROPERTY LOCATED AT 33
PITKIN MESA DRIVE, CITY OF ASPEN, PITI(IN COUNTY, COLORADO.
Parcel Identification No. 2735-013-00-004
WHEREAS, the Community Development Department received an application
from Richard Petrick, represented by Mitch Haas of Haas Land Planning, LLC, for an
initial zoning to R-15, Moderate-Density Residential, for a property located at 33 Pitkin
Mesa Drive, City of Aspen; and,
WHEREAS, City Council has accepted a petition for annexation through
Resolution No. 99-101, and Resolution 99-118; and,
WHEREAS, the subject property is approximately 4.41 acres and upon
annexation must be designated with a zone district in the City of Aspen; and,
WHEREAS, pursuant to Sections 26.310 of the Land Use Code, the City Council
may approve Amendments to the Official Zone District Map, during a duly noticed
public hearing after considering comments from the general public, and
recommendations from the Planning and Zoning Commission, Community Development
Director, and relevant referral agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, and the Community
Development Department reviewed the parcel and recommended approval; and,
WHEREAS, during a duly noticed public hearing on October 3, 2000, the
Planning and Zoning Commission recommended, by a four to one (4-1) vote, to
recommend City Council approve of the Petrick initial zoning to R-15, Moderate Density
Residential, with conditions contained herein; and,
WHEREAS, the Aspen 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, the Aspen 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 Aspen 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 CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
The Planning and Zoning Commission recommends City Council approve the initial zoning
of the Petrick property, located at 33 Pitldn Mesa Drive, upon annexation, to R-15,
Moderate Density Residential.
Section 2:
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 3:
This Resolution shall not effect 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:
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 Commission at its regular meeting on October 3, 2000.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
Citf Attorney - Chair
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ATTEST:
(~7~eputy City Clerk