HomeMy WebLinkAboutresolution.apz.027-05RESOLUTION NO. 27
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION,
RECOMMENDING THAT CITY COUNCIL APPROVE A CONDITIONAL USE TO
ESTABLISH THE ALLOWABLE FLOOR AREA RATIO (FAR) FOR THE MUSEUM
USE ON THE RECONFIGURED WHEELER/STALLARD MUSEUM PARCEL, 620 W.
BLEEKER STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID#2735-124-31-801
WHEREAS, the Community Development Department received an application from the
Aspen Historical Society ("Applicant"), requesting approval of a conditional use in conjunction
with a subdivision exemption request for a lot split, to reestablish the allowable FAR of the
museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced in
size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, the Wheeler/Stallard Museum is located in the R-6 Zone District, and is a
conditional use; and,
WHEREAS, no conditional use approval currently exists for the museum, so the existing
development constitutes the conditional use that is being amended by this resolution; and,
WHEREAS, the Wheeler/Stallard Museum is currently located on a parcel of land that
contains 53,400 square feet that is proposed to be reduced to 44,400 square feet by the associated
lot split request; and,
WHEREAS, the existing FAR in the Wheeler/Stallard Museum and associated carriage
house has been calculated by the Applicant to be 5,793 square feet; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews,
the Community Development Director in consultation with the Applicant has combined review
of the requested conditional use and lot split requests so that City Council shall be the final
review authority on both the conditional use and lot split requests; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use and recommended approval; and,
WHEREAS, during a duly noticed public hearing on August 16, 2005, the Planning and
Zoning Commission approved Resolution No. 27, Series of 2005, by a five to zero (5-0) vote,
recommending that City Council approve a conditional use to reestablish the allowable FAR of
the museum conditional use on the reconfigured Wheeler/Stallard Museum parcel (to be reduced
in size through the proposed lot split) as what exists in the museum structures and associated
carriage house, 620 W. Bleeker Street; and,
WHEREAS, 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 Planning and Zoning Commission recommends that City Council approve the requested
conditional use to reestablish the allowable FAR of the museum conditional use on the
reconfigured Wheeler/Stallard Museum parcel (to be reduced in size through the proposed lot
split) as what exists in the museum structures and associated carriage house, 620 W. Bleeker
Street, City and Townsite of Aspen, subject to the following conditions.
The allowable FAR for the museum use on revised museum parcel (parcel consisting of
44,400 square feet if the associated lot split request is subsequently approved by City
Council) shall be limited to the FAR of the existing museum structure and associated
carriage house (calculated to be 5,793 square feet by the Applicant).
Any changes to the existing development or operational characteristics of the museum
shall require review and approval of a conditional use amendment by the City of Aspen
Community Development Director or Aspen Planning and Zoning Commission,
depending on the magnitude of the change. The Community Development Director
shall determine whether such an amendment shall require review by the Planning and
Zoning Commission based on the procedures and guidelines established in Land Use
Code Section 26.425, Conditional Use.
The 9,000 square foot parcel to be created through the associated lot split request shall
not be used for anything other than the establishment of sixteen (16) Historic TDRs to
be sold and used on other parcels of land throughout the City of Aspen pursuant to the
procedures and guidelines established in Land Use Code Section 26.535, Transferable
Development Rights. A plat note to this affect shall be included on the lot split plat to be
recorded as a result of the proposed lot split being processed in association with this
conditional use request.
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 validity of the remaining
portions thereof.
APPROVED by the Commission at its regular meeting on August 16, 2005.
APPROVED AS TO FORM:
City-~Attorney
ATTEST:
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair / ~" "-'""
/ ac~ki 'e L~ot~ ut
~/lackie ] ' , p y City Clerk