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HomeMy WebLinkAboutresolution.apz.002-03 RESOLUTION NO. 02 (SERIES OF 2003) A RESOLUTION OF TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL DENY 1) A pUD AMENDMENT, 2) A sUBDIVISION AMENDMENT, 3) AN AMENDMENT TO THE GMQS EXEMPTION FOR AFFORDABLE HOUSING FOR OFF-SITE REPLACEMENT OF AFFORDABLE HOUSING MITIGATION iNTHE 1000 E. HOPKINS PUD, AND 4) SPECi~ ~VIEW APPROVAL TO VARY T~ ADId DESIGN STANDARDS TO AMEND THE DEED RESTRICTION ON UNIT 4, OF THE 1000 E. HOPKINS PUD AN~T~ DEED ~STRiCT ~iT 2, OF THE AJAX CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel lD: 2737-182-01-006 Parcel ID 2 737-182-07-008 WHEREAS, the Community Development Department received an application fi'om Robert Blatt, represented by Francis Krizmanich, requesting approval of 1) a PUD Amendment, 2) a subdivision amendment, 3) an amendment to the GMQS exemption for affordable housh~g for off-site replacement of affordable housing mitigation in the 1000 E. Hopkins PUD, and 4) special review approval to vary the ADU design standards to allow for the category affordable housing deed restriction on Unit 4, of the 1000 E. Hopkins PUD to be transferred to Unit 2, of the Ajax Condominiums and for Unit 4, of the 1000 E. Hopkins PUD to be deed restricted as an accessory dwelling unit; and, WHEREAS, upon review of the application and the applicable code standards, the Community DevelOpment Department recommended de~al of the proposed amendment to the GMQS ExemPtion for affordable housing; and, WHEREAS, during a duly noticed public hearing on January 7, 2003, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal code as identifi~d h~ein and recommended by a vote of six (deny) to one (approve) that City Council deny the proposal; and, WHEREAS, the Planning and Zoning Commission did not find that the development proposal meets or exceeds all of the applicable development standards; and, NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development; Section 26.480, Subdivision; Section 26.530.050(B), Housing Replacement Requirements; and Section 26.520.080(D), Special Review, the Plam~ing and Zoning Commission recommends that City Council deny the proposed application~ 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 porti°n of this resolution is for any reason held invalid or unconstitutional in a c6urt 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 Planning and Zoning Commission of the City of Aspen on this 7th day of January, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Ci~Attorney ~ Jasmine Tygre, Chair ATTEST: ~ckie Lothian, Deputy City Clerk