HomeMy WebLinkAboutresolution.apz.022-03RESOLUTION NO. 22
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE PUD AND
GMQS AMENDMENTS T0 TIiE T~ OF MiLL ~OT 3, ASPEN MOUNTAIN
PUD) AND BAVARIAN INN PLANNED UNIT DEVELOPMENTS TO ALLOW
FOR AMENDMENTS TO THE APPROVED AFFO~LE HOUSING
CATEGORIES WITHIN BOTH DEVEL6PMENTS, CI~ OF'xSPEN, PiTKIN
COUNTY, COLORADO.
Parcel ID: 2 73 7-182-02-202
Parcel ID: 2735-123-08-004
WHEREAS, the Community Development Department received an application
from Four Peaks Development, represented by Scott Writer, requesting approval of a
PUD amendment and a GMQS amendment to the Bavarian Inn and Top of Mill Plmmed
Unit Developments to allow for 1) the affordable housing unit at 821 W. Bleeker to
convert from a Category 2 affordable housing unit to a Category 3 affordable housing
unit and to allow for Unit 204 in the former Bavarian Inn building to convert from a
Category 3 affordable housing unit to a Cate~br~ 2 ~ffordable housing unit; and to allow
for 2) the affordable housing unit at 814 W. Main Street to convert from a Category 4
affordabl~ housing unit to a Category 2 affordable housing unit and to allow for Unit D,
Parcel 2, of the ToP of Mill PUD to convert from a Category 2 affordable housing unit to
a Category 4 affordable housing unit; and,
WHEREAS, upon review of the application and the applicable code standards,
the Housing Board recommended approval of the proposed amendments; and,
WHEREAS, during a duly noticed public hearing on October 7, 2003, the Planning
and Zoning Commission continued the public hearing until October 21, 2003; and,
WHEREAS, during a continued public hearing on October 21, 2003, the Planning
and Zoning Commission reviewed and considered the development proposal under the
applicable provisions of the Municipal Code as identified herein and approved this
resolution, by a five to one (5-1) vote; recommending that City Council approve the
proposed amendment; and,
WHEREAS, the 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 Plarming 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 City of Aspen Land Use Code Section
26.445, Planned Unit Development; and SectiOn 26.470.110, Amendment of GMQS
Development Order, the Planning and Zoning Commission hereby recommends that City
Council approve the proposed amendments to allow for 1) the affordable housing unit at
821 W. Bleeker to convert from a Category 2 affordable housing unit to a Category 3
affordable housing unit and to allow for Unit 204 in the former Bavarian Iim building to
convert from a Category 3 affordable housing unit to a Category 2 affordable housing
unit, and to allow for 2) the affordable housing unit at 814 W. Main Street to convert
from a Category 4 affordable housing unit to a Category 2 affordable housing unit and to
allow for Unit D, Parcel 2, of the Top of Mill PUD to convert from a Category 2
affordable housing unit to a Category 4 affordable housing unit.
Section 2:
All mater/al 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 Planning and Zoning Commission of the City of Aspen on this 21st
day of October, 2003.
APPROVED AS TO FORM:
City Attorney ~¥
PLANNING AND ZONING
COMMISSION:
Jasmine TYgre, Chair J ~
ATTEST:
~ckie Lothian, Deputy City Clerk