HomeMy WebLinkAboutresolution.apz.030-07A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS A SUBSTANTIAL AMENDMENT TO THE
SUBDIVISION APPROVAL GRANTED UNDER ORDINANCE 27, SERIES OF
2007, FOR 308 E. HOPKINS AVENUE, LOTS M AND N, BLOCK 80, CITY AND
TOWNSITE OF ASPEN, CO, PITKIN COUNTY, COLORADO
PARCEL NO.2737-073-29-007.
RESOLUTION N0.30, SERIES OF 2007
WHEREAS, the Community Development Department received an application
from J. W. Venture, LLC represented by Vann Associates, LLC, requesting approval of a
substantial amendment to convert the basement storage to commercial space consisting of
3,085 squaze feet of net leasable commercial space and growth; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended approval with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on November 6, 2007, the
Planning and Zoning Commission approved Resolution No.30, Series of 2007, by a 6 to 0
vote, approving a Substantial Amendment to Ordinance 27, Series of 2007, which
includes Growth Management Review for the conversion of 3,085 squaze feet of
basement storage space to commercial net leasable space located on the property at 308
E. Hopkins Ave, Lots M and N, Block 80, City and Townsite of Aspen, CO; 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; 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 welfaze.
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 Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions a
Substantial Amendment to Ordinance 27, Series of 2007, including Growth Management
Review for the conversion of basement storage to commercial space for the property
located at Lots M and N, Block 80, City and Townsite of Aspen, CO.
P& Z Resolution # 30, Series of 2007
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Section 2: Affordable Housine:
The affordable housing mitigation for the 0.63 employees generated by the basement
conversion shall be cash in lieu for Category 4 Housing according to the Aspen Pitkin
County Employee Housing Guidelines in effect at the time of building permit submittal.
The fee shall be paid prior to the issuance of building permit.
Section 3:
All approvals granted under Ordinance 27, Series of 2007 remain valid and applicable,
with the exception of the substantial amendment specified herein. The additional net
2,921 square feet of leasable commercial generated from the basement conversion shall
be assessed pursuant to the following fees:
1. Impact fees applicable at the time of building permit issuance.
2. Parkin cash in lieu fees applicable at the time of building permit issuance.
Section 4:
All material representations and commitments made by the Applicant pursuant to the
development proposal 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 plan development approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 5:
This resolution shall not affect 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 6:
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 Planning and Zoning Commission of the City of Aspen on this 6s' day
of November, 2007.
APPROVED AS TO FORM: PLANNING
James R. True, Special Counsel
ATTEST:
ckie Lothian, ~ eputy City Clerk
P& Z Resolution # 30, Series of 2007
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