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HomeMy WebLinkAboutresolution.apz.016-03RESOLUTION NO. 16 (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE THE PROPOSED AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP ZONING THE ASPEN VALLEY HOSPITAL DISTRICT (SEE ATTACHED EXHIBIT FOR FULL LEGAL DESCRIPTION), 401 CASTLE CREEK ROAD, FROM THE PITKIN COUNTY PUBLIC ZONE DISTRICT TO THE CITY OF ASPEN PUB (PUBLIC) ZONE DISTRICT AND R/MF (RESIDENTIAL MULTI-FAMILY), CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-123-0 7-008 WHEREAS, the City of Aspen Community Developmem Department has applied for an Amendment to the Official Zone District Map for the Aspen Valley Hospital District fi.om the Pitkin County Public Zone District to the City of Aspen PUB (Publicl Zone District and the R/MF (Residential Multi-Family) Zone District; and. WHEREAS, the Aspen Valley Hospital District has submitted a petition for annexation into the City of Aspen and, according to state statute, the City must give a zoning designation to an annexed property within 90 days of annexation; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning to PUB (Public) and R/MF (Residential Multi-Family); and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the rezoning proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the rezoning proposal meets or exceeds all applicable development standards and that the approval of the rezoning proposal is consistent with the goals and elements of the Aspen Area Community Plan; and. WHEREAS, during a duly noted public hearing on July 15, 2003, the Planning and Zoning Commission, by a vote of five to zero ~ - 0), approved the rezoning proposal; and, WHEREAS, the 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 Section 26.310 of the City of Aspen Land Use Code, the Planning and Zoning Commission recommends that City Council approve the application to rezone the Aspen Valley Hospital District from the Pitldn County Public Zone District to the City of Aspen PUB (Public) Zone District and R/MF (Residential Multi-Family) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the rezoning proposal approvals as herein awarded, whether in public heanng or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan developmem 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 no~ affect the validity of the remaining portions thereof. APPROVED BY the Plamfing and Zoning Commission of the City of Aspen on this 15th day of July 2003. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING Davi~Hoefer, A'ssistant~ity Attorney Jasmine Tygre, Chair ATTEST: /~ack~e L~tl[ian, Deputy City Clerk AT=Ten, C_olorado 8~812 2002 S~C~iO~ ii, li~ T~ SOUT~ST QUf~RT~R OF S~CTZoN 12 NORT~ 00:2~t'00, EAST 392.21 EEET~ '. NORTE 03:00f00- f~S~' !2tl.z4 FEET' AND ~.~0,, C~-~K ~OAD; ~ZGHT-OF-wAY LINE OF CREE~ ~OAD TO ~ S~,~ST OF-WAy LZ~, OF SAzb STAT~ EZG~wAy TO · CORNER OF T~E CiT~/ZOLzNE STATE ~iG~Ay 82 A '~ O~EN SPACE ~OU~qDAR% OF SAiD ZOL.r~ ASz lO0.00 FEET ALONG TEE _AI'~XATi ON DESCRZPTION 2002) LI~E OF SAID STATE THENC~ 2~&.33 ~EET ALONG THE At~C OF A CURVE TO W--AV!NG A ~A~IUS OF 1096~09 FE~T, A CENT~IAL tO°4Q'54'~ ~D WHOSE CHORR B~RS SO~T~ 56o0~'27,, EAST S~AcESAZD ~GST-0F-WAYANNEXATiON NO.2;LINE TO T~E ~QRT~S~ CQ~ER QF THENCE SOUT~ 28:30'06" WEST 100.00 F~T ALONG TSE WEST BO5%DARy LiNE OF SAiD OPEN SPACE ANNE~/0N NO.2 THE SOUTH RIG~T-0F'-WAy LZ~ OF SAID STATE TEENCE ~ONG~=. ~,~-~, THE WEST BO~ARy OF SAID. OPEN SPACE L~2 GF ~A~T~ C~EK ROAD, THE FOLLOWING COURSES AND S~E 36 EAST *o~.~7 FEET, ~U~ 22~1 00~ SAS= 67.10 ~E~T TO T~ ~O~ERNMOST SAI~ ASPE~ VALLey MOS~IT~ DISTRICT SUSDZVZEZON, SAID CQ~ER REiNG IDENTZC~ W~T~ TZ~ ~OINT OF BEGI~ZKG CITY ~ATER'P~NT ANNEXATION ~O.2~ A~E~T/ON~ - TRANCE DEPUTING SAID WEST ROUNDAEy SO~H THENCE SOUT~ 22~28,59- ~ST 584.06 FEET ALONG TEE ~S~ BOUNDARY OP'SA!D ~NE~T!ON TO TEE INTERSECTION WiT~ TEE SOUTH BOUNDARY LINE OF ~CEL A 0F SAID ASPEN ~LLEy ~rT~ DISTRICT T~ENCE. A~ T~E SOUT~ 'BO~DARy LiN~ OF SAID PARCEL NO~T~ 23~4t~00~ ~ST tTY.80.~ET, :~=~T= ~19'00" W-~T 330.47 FE~T, A~D ~ORTE t9~00~00,, W~ST 199.69 PEET T0 ~ ~STE~-fOST C0~ER¢,,~ OF SAID PARCEL A, SAID ~P~ER BEING ON THE S~.H B~Ry LINE OF ~ARCEL C O~ SAID ASDEN V~L~y 50SP!T~DZSTRICT SUBDIVISION; THEN~ ALONG TEE S~UTE RO~DARy OF SAID DARCEL C THE FOLLOWING COURSES AND BISTANCES: SQUT~ 71*QQ'9~" WEST 288,00 FEET, $OU~ 2J~OO,OO,, W~$T 52.80 FEET TO THE POINT OF BEGIMNING.