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HomeMy WebLinkAboutresolution.apz.008-07 RESOLUTION NO.8, SERIES OF 2007 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, A GROWTH MANAGEMENT REVIEW FOR A CHANGE-IN-USE TO RESIDENTIAL, A SPECIAL REVIEW FOR PARKING, AND A CONDITIONAL USE TO ALLOW FOR AN AFFORDABLE HOUSING UNIT TO BE LOCATED IN THE LODGE DISTRICT FOR PROPERTY LOCATED AT 725 E. DURANT, CONDOMINIUM UNIT 22-A, CHATEAU DU MONT APARTMENTS, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-70-005 WHEREAS, the Applicant, Jennifer Hall, represented by Alan Richman Planning Services, submitted an application requesting approval of a growth management review for the development of affordable housing, a growth management review for a change-in- use to residential, special review for parking, and a conditional use review to allow an affordable housing unit in the Lodge (L) zone district located at 725 E. Durant, Condominium unit 22-A, Chateau Dumont Apartments, City and Townsite of Aspen; and, WHEREAS, the Community Development Department reviewed the Application and determined that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application 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, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on Tuesday, March 20, 2007, at which time the Commission considered and approved the following land use actions as they found the application to meet the review standards of growth management review for an affordable housing unit, special review for parking, growth management review for a change-in-use and for a conditional use to allow affordable housing to be located in the Lodge district by a vote of five to zero (5 to 0) for the Condominium Unit 22-A, located at 725 E. Durant, Condominium unit 22-A, Chateau Dumont Apartments, City and Townsite of Aspen; 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 1111111111111111111111 ::~:~~~;~;3: 12 JANICE K vas CAUDILL PITKIN COUNTY CO R 16.00 D 0.00 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: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen Planning and Zoning Commission hereby approves a growth management review for the development of affordable housing, a growth management review for a change-in-use to residential, a special review for parking and a conditional use review to allow an affordable housing unit in the Lodge (L) zone district at a property located at 725 E. Durant, Condominium unit 22-A, Chateau Dumont Apartments, City and Townsite of Aspen; and, with the following conditions: 1. The applicant is required to file a deed restriction prior to transfer of ownership. The Change-in-Use shall not be finalized until deed restriction has been approved and recorded. Any applicable impact or mitigation fees shall be paid prior to deed restriction recordation. This shall not include a parking cash- in-lieu. 2. 3. Section 2: All material representations and commitments made by the applicant pursuant to the development approvals as herein awarded, whether in public hearing or documentation presented before the Aspen Planning and Zoning Commission, 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 COMMISSION at its regular meetiug on this 20th day of March, 2007. \'~"IJIlI.'~'J~~~~~:, " APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: ~4--~~-. ~~ City Attorney Ruth Kruger, Chai ATTEST: \'J'oIJllI,Il'~~j~~~t:""