HomeMy WebLinkAboutresolution.apz.036-01 RESOLUTION NO. 36
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION APPROVING THE ASPEN CHILDREN'S
GARDEN CONDITIONAL USE FOR A DAY CA~ CENTER IN
BUILDING 2 OF THE ASPEN HIGHLANDS BAsE VILLAGE THAT
IS LOCATED IN THE SKI AREA BASE ZONE DISTRICT, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel Identification # 2735-131-26-001
WHEREAS, the Community Development Department received an
application from the Aspen Children's Garden, represented by Patty Fox and
Patricia Kanipe, for conditional use approval for a Day Care Center in Building
2 of the Aspen Highlands Base Village; and,
WHEREAS, pursuant to Section 26.710.330(C)(1) of the Land Use Code,
the Ski Area Base Zone District alloWs a Day Care Center as a conditional use;
and,
WHEREAS, pursuant to Section 26.425 of the Land Use Code, the Aspen
Planning and Zoning Commission may approve a conditional use during a duly
noticed public hearing after considering comments from the general public, a
recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WI-IEREAS, the Community Development Department reviewed the
application and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on October 2, 2001, the
Planning and Zoning Commission approved, by a six to zero ( 6 - 0 ) vote,
conditional use approval for a Day Care Center in Building 2 of the Aspen
Highlands Base Village, with the conditions contained herein; and,
WI-IEREAS, 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
Pursuant to the procedures and standards set forth in Title 26 of the Aspen
Municipal Code, the Aspen Children's Garden conditional use approval for a Day
Care Center in Building 2 of the Aspen Highlands Base Village is approved
subject to the conditions described hereinafter.
Conditions of Approval:
1. The applicant shall meet the state of Colorado's Rules
Regulating Child Care Centers.
2. The applicant must provide one reserved on-site, off-street
parking space for every employee that they employ for the
duration of the use.
3. The applicant shall maintain minimum hours of operation of
7:30 am to 5:30 pm and a minimum of five days a week.
4. The applicant shall meet the requirements for a child care
center set forth in Section 26.575.080 of the City of Aspen
Land Use Code.
Section 2:
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 3:
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 vahdity of the remaining portions thereof.
Page: 2 o{' 3
APPROVED by the Commission at its regular meeting on October 2, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre, Chair
ATTEST:
/ackie Lothiafn, Deputy City Clerk
C:khomeXnickl\Active CasesXSki Co Conditional Use\Ski Co Conditional Use.doc
Page: 3 o~ 3
10/~1/2001 09:23~