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Home My WebLink Aboutordinance.council.010-12 ORDINANCE NO. 10, (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS AGROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST, LOT 3 OF CREEKTREE SUBDIVISION, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS THE ASPEN EAGLESCLUB PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fraternal Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq ft of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS,the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS,the subject property is zoned R-&Medium Residential with a PUD • Overlay; and, , WHEREAS,upon review of the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use. requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No.4, Series of 2012, by a Four to One (4 -1) vote, approving a conditional use review for a commercial catering operation in the basement of 700 E Bleeker, and recommending city Council approve an Essential Pubic Facilities Growth Management Review; and, • WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential Public Facility Growth Management Review, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, Ordinance 10, Series 2012 Page 1 of 3 WHEREAS, during a duly noticed public hearing on May 14, 2012, the City Council approved Ordinance No. 10, Series of 2010, by a Five to Zero (5 — 0) vote, approving an Essential Public Facility Growth Management Review; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council 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 City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City of Aspen City Council approves an Essential Public Facility Growth Management Review for the basement of the Eagles Club, located at 700 E Bleeker. The basement space measures approximately 1,881 sq. ft. and may 'be used by for regular operations of the Eagles Club, as well as by no more than one (1) commercial catering operation/business-. Section 2: Affordable Housing Mitigation Affordable housing mitigation is hereby waived for the existing commercial catering use, comprised of three (3) FTEs. Any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) shall trigger additional review, pursuant to the Aspen Land Use Code. Section 3: 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 4: This ordinance 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 Ordinance 10, Series 2012 Page 2 of 3 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 ordinance 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 9th day of January, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of March, 2012. Attest: i// 12/,#(44,8(ir kis n athryn S. Ko ',City ' lark Michael C.Ireland,Mayor Z FINALLY,adopted,passed and approved this 14th day of May,2012. Attest: �1 �-17 Kathryn S. K ,City Clerk Michael C. Ireland,May Approved as to form: • ames R True,City Attorney Ordinance 10, Series 2012 Page 3 of 3 IVIVll, rt1JI V.7, Lk! IL •-•-•••• •■■• 7775063 61-Q1 / 0 -e/) , Ad Ticket#5 L/'/ Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: . Caller: Kathryn Koch City: Aspen Receipt State: CO Zip: 81611 Ad Name: 7775063A Original Id: 0 Editions: 8ATI/8ATW/ Class: 0990 Start: 04/19/12 Stop: 04/19/12 Color: Issue 1 Copyline: atw Ordinance 10 -GMR Eagles CI Rep: AT Legals LEGAL NOTICE ORDINANCE #10, 2012 PUBLIC HEARING Ordinance #10. Series of 2012. was adopted on Lines: 22 first reading at the City Council meeting March 26. Depth: 1,85 2012. This ordinance, if adopted, will approve a growth management review for an essential public Columns: 1 facility for 700 Bleeker street (aka Eagle's Club). Discount: 0.00 The public hearing on this ordinance is scheduled for May 14. 2012 at 5 PM. City hall, 130 South Commission: 0.00 Galena. Net: • 0.00 To see the entire text. go to the city's legal notice Tax: 0.00 website littp://www.aspenpitkin.com/Departments/Clerk/ - Total 11:13 : Legal-Notices/ LPayment 0.00 If you would like a copy FAXed or e-mailed to you. call the city clerk's office. 429-2686. Published in the Aspen Titres Weekly on April 19, 2012. [77750631 Ad shown is not actual print size , a MI(� cn rD N n c m �. 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