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HomeMy WebLinkAboutresolution.apz.003-05RESOLUTION NO. _0__3 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL ASSIGN ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI-FAMILY (R/MF) ZONE DISTRICT WITH A PUD OVERLAY SUBJECT TO THE EXISTING COUNTY PUD ON THAT PROPERTY. PARCEL ID NUMBER(S): 2735 - 142-08-701 (- 716) WHEREAS, the owners of the sixteen (16) deed-restricted, affordable housing units of the "Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned for armexation into the City of Aspen, and, WHEREAS, the property is approximately 2.57 _+ acres, legally described herein; and, WHEREAS, the City Council of the City of Aspen must designate a city zone district for the property within 90 days of the final annexation; and, WHEREAS, the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.310; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the property be designated to the Residential/Multi-Family (R/MF) Zone District; and, WHEREAS, the property was initially zoned with a PUD overlay by the Board of County Commissioners of Pitkin County through Resolution No. 81-39; and, WHEREAS, the initial PUD was amended in by the Planning and Zoning Commission of Pitkin County through Resolution No. 82-19; and, WHEREAS, the conditions established by the previously approved County PUD will be recognized as the City site specific development approval under the zoning approved hearing; and, WHEREAS, the Plarming and Zoning Commission conducted a duly noticed public hearing on January 4, 2005, and continued the heating to January 18, 2005 and found that the R/MF zone district with a PUD overlay is appropriate for the property and in keeping with the Aspen Area Community Plan; and, WHEREAS, during the continued hearing on January 18, 2005, the Planning and Zoning CommissionapprovedResolutiont~_,(seriesof2005),bya~TM I vote, recommending that City Council assign Highlands Villas (Lot 10) to the Residential/Multi-Family (R/MF) zone district with a PUD overlay. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Planning and Zoning Commission recommends that City Council assign the land commonly referred to as "Highlands Villas (Lot 10)" to the Residential/Multi-Family (RJMF) Zone District with a PUD overlay, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Highland Villas {Lot 10) Legal Description: A tract of land known as Lot 10, Aspen Highlands Subdivision, Filing No. 2, recorded in Plat Book 11 at page 50 also being in the E ~/2 of the NW ¼ and the SW ¼ of the NW ¼ of Section 14, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right-of-way of the Maroon Creek County Road whence the North ¼ corner of said Section 14 bears N40°30'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of N01 °41 '3 I'E between the SW corner and the W ¼ corner of said section 14; thence S32°04'26"E a distance of 28.41 feet along the south line of Lot 1 Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the following courses: thence S11°34'29'W a distance of 86.46 feet; thence S01°29'45"W a distance of 165.95 feet; thence S14°04'21"W a distance of 109.09 feet; thence S20°25'26"W a distance of 293.36 feet; thence N36°52'22"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line of said Book 188 at Page 17 N60°22'57"W a distance of 237.89 feet to said easterly right-of- way line of the Maroon Creek County Road; thence along said easterly right-of-way line tbllowing the following courses: N29°18'59"E a distance of 84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having a central angle of 10019' 16" and subtending a chord bearing N34°28'00"E 144.00feet; thenceN39°36'53"Eadistanceof393-26 feet the POINT OF BEGINNING, containing 2.569 acres, more or less. SECTION 1: The City of Aspen Planning and Zoning Commission recommends that City Council adopt the initial Highlands Villas PUD approved pursuant to Pitkin County Resolution 81-39, and the PUD Amendment approved pursuant to Pikin County Resolution 82-19, as a document to regulate this property and potential development rights thereon. SECTION 2: This Ordinance 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 Ordinance 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 City of Aspen Planning and Zoning Commission at its regular meeting on January 18, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: CitfAttomey V' Jasmine Tygre, Chair /~/(.~ ATTEST: [cie Lothian, ~uty City Clerk