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RESOLUTION NO. 19
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE TEXT
AMENDMENTS THAT AMEND MUNICIPAL CODE SECTION
26.710.190(D)(2)(a), LODGE ZONE DISTRICT, TO AMEND THE MINIMUM LOT
AREA PER DWELLING UNIT REQUIREMENTS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Lift One Condominium Association represented by Paul
Taddune has proposed an application for an amendment to Title 26, the City of Aspen
Land Use Code to amend Section 26.71O.l90(D)(2)(a), Lodge Zone District: Minimum
Lot Area per Dwelling Unit, to allow there to be no minimum lot area per dwelling unit
requirement for the development of deed-restricted affordable housing in the Lodge Zone
District; and,
WHEREAS, the Community Development Director has sponsored the proposed
code amendment to be heard by the Planning and Zoning Commission and City Council;
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 recommend that City Council approve, approve with
conditions, or deny a Code Amendment application, after considering a recommendation
by the Community Development Department and taking and considering public
comments; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and public
testimony on the proposed Code Amendment; and,
WHEREAS, during a duly noticed public hearing on May 2, 2006, the Planning
and Zoning Commission opened and continued the public hearing to May 16,2006; and,
WHEREAS, during a continued public hearing on May 16, 2006, the Planning
and Zoning Commission approved Resolution No. 19, Series of 2006, by a four to one
(4-1) vote, recommending that the City Council approve the land code amendment to
amend Section 26.710. 190(D)(2)(a), Lodge Zone District: Minimum Lot Area per
Dwelling Unit, to allow there to be no minimum lot area per dwelling unit requirement
for the development of deed-restricted affordable housing in the Lodge Zone District;
and,
WHEREAS, the Planning and Zoning Commission finds that the Code Amendment
proposal meets or exceeds all applicable amendment standards and that the approval of the
Code Amendment, 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 ofthe Aspen Municipal Code,
the Planning and Zoning Commission hereby recommends that City Council approved the
requested land use code amendment to Land Use Code Section 26.7l0.190(D)(2)(a),
Lodge Zone District: Minimum Lot Area per Dwelling Unit, to allow there to be no
minimum lot area per dwelling unit requirement for the development of deed-restricted
affordable housing units in the Lodge Zone District, as is noted in the following sections:
Section 2:
Section 26.710. 190(D)(2)(a), Lodge Zone District: Minimum Lot Area per Dwelling Unit,
of the Aspen Municipal Code shall be amended to read as follows:
Section 26.710.190(D)(2)(a). Minimum Lot Area per Dwellinl! Unit
a. Multi-Family residential- 3,000 square feet. When the development is
residential, there is no minimum requirement for an affordable housing
unit.
Section 3:
All material representations and commitments made by the applicant pursuant to the Code
Amendment 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 Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 4:
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 5:
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 May 16,2006.
APP.r't~ TY F;:
City Attorney
ATT ST.:
PL