HomeMy WebLinkAboutresolution.apz.033-05RESOLUTION NO. 33
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR
CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4),
SETBACK REQUIREMENTS FOR THE MODERATE DENSITY RESIDENTIAL
(R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department initiated code
amendment changes to the above cited sections; and
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26.310.040 and
recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a duly-noticed
public hearing, considered the recommendation of the Community Development Director
and took public testimony for the Code Amendments cited above; and,
WHEREAS, the Planning and Zoning Commission finds that Code Amendments
meet or exceed all applicable amendment standards and that the approval of the Code
Amendments, are consistent with the goals and elements of the Aspen Area Connnunity
Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary fbr the promotion of public health, safety, and welfare.
WHEREAS, during a public hearing on November 22, 2005, the Planning and
Zoning Commission recommended, by a three to one (3-1) vote, the City Council
approve the amendments to Section 26.710.070(D)(4), setback requirements for the
Moderate Density Residential (R-15B) zone district, as proposed by the Community
Development Department.
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 Code Amendment sections initiated by the Community Development Department are
approved as noted below:
Section26.710.070(D)(4): Minimum front yard setback (feet): 30. For
properties located between Eastwood Drive and Highway 82 [Lots 6-19,
Eastwood Subdivision] and properties located on the northwest portion of
Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 10.
As directed by the Planning and Zoning Commission, the proposed code amendment shall
include an increase in the rear yard setback by twenty (20) feet for a total of thirty (30) feet.
The affected properties are shown in Exhibit A of this resolution.
Section 2:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the saxne shall be complied with as if
fully set tbrth 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.
Section 5:
Staff shall review the Eastwood right-of-way width with the City Engineer, Streets
Superintendent and the Fire Marshall to confirm adequacy of the existing right-of-way. If
the existing right-of-way is determined inadequate, the Planning and Zoning Commission
recommendation shall be invalidated.
Approved by the Commission at its regular meeting on November 22, 2005.
APPROVED AS TO FORM:
City Attorney
ATTEST:
oCityClerk
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair