HomeMy WebLinkAboutordinance.council.018-2021 RECEPTIONM 680851, R:$23.00, D: $0.00
DOC CODE: ORDINANCE
P9 1 of 3,09/24/2021 at 10:42:39 AM
Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE # 18
(SERIES OF 2021)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLANNED
DEVELOPMENT-DETAILED REVIEW FOR THE PROPERTY COMMONLY
KNOWN AS 501 WEST HOPKINS AVENUE,LEGALLY DESCRIBED AS LOT 1,
BOOMERANG LOT SPLIT,A PLANNED COMMUNITY,ACCORDING TO THE
PLAT RECORDED JUNE 16,2006 IN PLAT BOOK 79 AT PAGE 70,AS RECEPTION
NO. 525370,PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development department received an application from R.D.
Olson Investments II, LLC, requesting approval for Planned Development- Detailed Review for
the property located at 501 West Hopkins Avenue; and,
WHEREAS,upon review of the application and the applicable Land Use Code standards,the
Community Development Director recommended approval for Planned Development- Detailed
Review; and,
WHEREAS, the City of Aspen Planning and Zoning Commission recommended approval of
the proposed Land Exchange via Resolution #10, Series of 2021 under the applicable provisions
of the Municipal Code as identified herein, reviewed and considered the recommendation of the
Community Development Director and took and considered public comment at a duly noticed
public hearing on August 3`d, 2021; and,
WHEREAS, the Aspen City Council considered the request at 1" Reading on August 101h,
2021 and at 2nd Reading(a duly noticed public hearing) on August 241h; and,
WHEREAS, the Aspen City Council has reviewed and considered the request under the
applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the
recommendation of the Community Development Director, and has taken and considered public
comment at a public hearing; and,
WHEREAS,the Aspen City Council finds that the proposal for Planned Development-Detailed
Review meets the applicable land use standards,and voted four to zero(4 to 0)on August 24th,2021 ,
to approve the request; and,
WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
Council Ordinance#18, Series of 2021
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NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES
THE FOLLOWING:
Section 1: Subsequent Reviews
Pursuant to Land Use Code Section 26.445.090, Documents and Deadlines, a plan set shall be
submitted to the Community Development department within one hundred eighty (180) days
following the date of voter approval. The plan set shall be subject to review and approval by City
Staff to ensure P&Z, City Council and voter intent. The plan set shall include the following
documents, all of which shall be approved and recorded concurrently:
1. An Amended Plat representing the new lot and approved building envelope
2. A Right-of-Way Vacation Plat
3. A Yard&Landscape Easement Agreement and Exhibit Map
4. The Deed of Conservation Easement and Exhibit Map
Section 2: Election
Pursuant to Section 5.5, of the Home Rule Charter for the City of Aspen, and a resolution of City
Council setting the ballot question, City Council refers this Ordinance No. 18 (Series of 2021) to
the voters at the coordinated election scheduled for November 2, 2021, to be considered
coincident with and as one question with Ordinance No. 17 (Series of 2021).
Section 3: Material Representations
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, are hereby incorporated in such site development
approvals and the same shall be complied with as if fully set forth herein, unless amended by an
authorized entity.
Section 4: Existing Litieation
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 5: Severability
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.
Council Ordinance #18, Series of 2021
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INTRODUCED,READ AND ORDERED PUBLISHED as provided by law,by the City
Council of the City of Aspen on the 10'h day of August 2021.
APPROVED by City Council at its meeting on August 101h, 2021.
ATTEST:
Nicole Henning,City Clerk Torre,Mayor
FINALLY,adopted,passed, and approved by an four to zero(4 - 0)vote on this 24`h day of August
2021.
Approved as to form: Approved as to content:
mes R.True,City Attorney Torre,Mayor
Attest:
')&;m, -k' -
Nicole Henning,City Clerfe
Council Ordinance #18, Series of 2021
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