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HomeMy WebLinkAboutbocc.res.027.1975 RESOLUTION BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO No. 75 - WHEREAS, the City of Aspen has ruled that a water application of Capital Improvement Corporation concerning its proposed development project near Buttermilk Mountain should be referred to the Pitkin County Planning and Zoning Commission pursuant to Section 30-28-110; and WHEREAS, on February 19, 1975, the applicant presented the matter to the Planning and Zoning Commission, reserving its position that legally it need not comply with Section 30-28-110; and WHEREAS, Planning and Zoning unanimously voted to recommend disapproval of Capital's proposed construction of or an authorizat for a water line from any existing city lines into the unin- corporated area of the County where the proposed development is to occur, upon the general grounds as reflected in the minutes and resolution (copy attached) of the Planning and Zoning Commission; and WHEREAS, the applicant appeared before this Board on March 17, 1975, for overruling of the Planning and Zoning Commission pursuant to Section 30-28-110(1) (b), C.R.S. 1973; and WHEREAS, the applicant presented no evidence concerning its project, and no evidence from which the planning decision envisioned by Section 30-28-110(1) could adequately be made, instead relying upon its position that Section 30-28-110 was inapplicable; and WHEREAS, the matter was continued to this date so that the Planning Commission could review and execute its resolution in the matter; ion Cou~Commissioners of Pitkin County, Colorado Resolution No. 75 57 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Pitkin County hereby disapprove of the proposed utility line construction or authorization upon the following grounds: 1. If, contrary to Capital Improvement's position, Section 30-28-110(1) is applicable, neither Capital nor the utility presented any planning evidence and materials from which this Board could make the planning decision envisioned by that section; 2. The development project for which the utility constructio or authorization is sought is not permitted by the zoning district in which it is situate, and conflicts with the master plan, as amended, for the Buttermilk area as adopted by the Planning and Zoning Commission; 3. Capital's project for a hotel is one of relatively high density and impact, and as such conflicts with the concerns and objectives of the County with regard to the airport, and airport hazard zone and noise studies; 4. No adequate evidence of the applicant's legal access to the proposed development site has been shown; 5. Rapid growth and the increasing of bed capacities have caused great strains on existing public services and facilities, such as roads, maintenance thereof, police and fire protection, the hospital, airport services, public transportation, water and sewer services, and the like. These strains have resulted in pressures for a new airport terminal, new hospital, increased public transportation services, and expanded sewer treatment facilities system--all to the financial strain of the capital budgets of both the City of Aspen and the County. A hotel project at the site indicated at this time would contribute to existing deficiencies in the providing of these public services; and - 2 - Board of County Commissioners of Pitkin County, Colorado Resolution No. 75-~ is contrary to the many concerns and findings we expressed in Resolution No. 74-16, adopted March 25, 1974; and BE IT FURTHER RESOLVED that the Clerk of the Board communicate Corporation Dated: a copy of this resolution to Capital Improvement and to the City Council of the City of Aspen. Attest: Nina Johnston, Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY PITKIN CO t%~rY PL~NNING A~ND ZONING CO-'.~IS$ION RESOLUTION .-; .7 75 Feb. 19, 1975 and Mar'. 19, 19~5 ~EREAS, C.R.$. 30-28-110, in part, requires review by the Pitkin County Planning agd Zoning Comm~ssion of utility extensions with- the unincorporated territory of the County, and WHER~S, the City of Aspen has submitted co the Pitkin County Plan~/ng and Zoning Commission a request for water line extension by Capital Improvenent Corporation to serve a hotel operation located to the west of the Holiday Inn near the base of Buttermilk Ski area, and }~{EREAS, ag thedr regular meeting on February 19, 1975. the Pitkim County Planming and Zoning Commission reviewed said request for water line extension, NOW, THEREFORE BE iT RESOLVED that the Pi~kin County Planning and Zoning Com~ission hereby unanimously recommends denial ofsaid ~uest for water line extension for the following reasons: 1, The Aspen Area General Plan, as revised, shows the Capital Improve- ment property in a mini~un building area, The General Plam also states that due to'congestion at the base of Buttermilk }[ouatain, further concentration of resort units within a 1/4 mile radius of the base of fha mou:%tai~z would no~ be adv~szb!e. Tk~ Capital Improvement property lies within the 1/4 mile radius. 2, The present zoning of the property. AF 2 PUD, does ~ot allow hotel/ motel/lodge construction. 3. The airport noise pattern study by ~reg Isbill shows the property in am area adversely affected by airport noise patterns and ~herefore Access to the p~oposed hotel would be from a private road which primarily serves a low density residential area, and is mot currently built to County road specifications. Agreements for maintenance and/or construction of improvements are not kno~a to the Cor~is$ion. DATED: Peter Ghy~ C~airman