HomeMy WebLinkAboutresolution.apz.035-01 RESOLUTION NO. 35
(SERIES OF 200i)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO CHANGE THE TITLE OF THE RESIDENTIAL
MOBILE HOME PARK (MHP) ZONE DISTRICT TO HIGH DENSITY
RESIDENTIAL (R-3) SECTION 26,104.100, DEFINITIONS, SECTIOI~ 25,710.120,
RESIDENTIAL MOBILE HOME PARK (MHP) ~ ALL ASSOCIATED
SECTIONS INCLUDING 26.710,120(A), PURPOSE, 26.710.120(B), PERMITTED
USES, 26.710.120(C), CONDITIONAL USES AND 26.710,120(D) D~NSIONAL
REQUIREMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from Smuggler Homeowners Association applicants, represented by Mark P.
Hesselschwerdt, requesting a code amendment to change the title of the Residential
Mobile Home Park (MHP) Zone District to High Density Residential (R-3); and
WHEREAS, pursuant to Sections 26.310.040. the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Developmem Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Deparanent reviewed the Code
Amendment application for a change in title for the Residential Mobile Home Park
(MHP) Zone District pursuant to Section 26.310.040 and recommended approval: and,
WHEREAS. the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for a Code Amendment that would change the title of the Residential
Mobile Home Park (MHP) Zone District to be renamed High Density Residential (R-3);
and.
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, 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.
WHEREAS. during a public hearing on August 21, 2001, the Planning and
Zoning Commission recommended, by a seven to zero (7 - 0) vote, the City Council
approve the amendments to Section 26.104.100, Definitions. "Mobile Home Park," and
Section 26.7t0.120, Zone DistrictS, Residential Mobile Home Park (MHP) as proposed
by the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 0fthe Aspen Municipal Code,
the Code Amendment application for a change in title of the Residential Mobile Home
Park (MHP) Zone District to High Density Residential (R-3) and associated sections is
approved as noted below:
Section 26.104.100: Mobile home park. A parcel or area of land upon which
two or more mobile homes, occupied or intended to be occupied for a dwelling,
are located for any period of time, regardless of whether or not a change is
made for such accommodations, and whether or not the mobile homes and/or
land are owned by the occupants.
Section 26.710.120: High Density Residential (R-3)
Section 26.710.120(A): Purpose. The purpose of the High Density
Residential (R-3) zone district is to provide for the use of land to locate
manufactured housing for intensive long-term residential purposes, with
customary accessory uses and less intensive office uses. Recreational and
institutional uses customarily found in proximity to residential uses are
included as conditional uses. The High Density Residential (R-3) zone district
shall be located in areas where the effect on surrounding property shall be
minimized, where the health, safety and general welfare of High Density
Residential (R-3) zone district residents and others will be protected and where
the topography is suitable for the permitted uses and conditional uses allowed
in the High Density Residential (R-3) zone district.
Section 26.710.120(B): Permitted uses. The following uses are permitted
as of right in the High Density Residential (R-3) zone district:
Section 26.710.120(C): Conditional uses. The following uses are
permitted as conditional uses in the High Density Residential (R-3) zone
district, subject to the standards and procedures established in Chapter 26.425:
Section 26.710.120(D): Di~nensional requirements. The following
dimensional requirements shall apply to all permitted and conditional uses in
the High Density Residential (R-3) zone district:
Section 2:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment 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 August 21, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre, Chair ~' (~
ATTEST:
ckie Lothian, ~)eputy City Clerk