HomeMy WebLinkAboutordinance.council.011-14 RECEPTION#: 611207, 06/18/2014 at
01:13:05 PM,
I OF 3, R $21.00 Doc Code ORDINANCE
Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE NO. 11
(SERIES OF 2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST
AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION
AGREEMENT FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET,
LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN
RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
PARCEL ID: 2737-182-85-033.
WHEREAS, the Community Development Department received an application from the St.
Regis Hotel, represented by Alan Richman Planning Services, requesting approval of an
amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit
Development/Subdivision Agreement; and,
WHEREAS, the property is currently zoned (L) Lodge; and,
WHEREAS, pursuant to Section 26.445.110.D, Minor Amendment to a Project Review
approval, an amendment found by the Community Development Director to be generally
consistent with the allowances and limitations of a Project Review approval or which otherwise
represents an insubstantial change but which does not meet the established thresholds for an
insubstantial amendment, may be approved, approved with conditions or denied by the City
Council, pursuant to 26.445.040.B.2; and,
WHEREAS, upon review of the application and the applicable Land Use Code standards, the
Community Development Department recommends approval of this application with condition;
and,
WHEREAS, 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 Community Development Director, the applicable referral agencies, and has
taken and considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing on June 9, 2014, the City Council approved
Ordinance No. 11, Series of 2014, by a five to zero (5 — 0) vote, approving an amendment to the
Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision
Agreement; and,
WHEREAS, City Council finds that the proposal meets or exceeds all applicable development
standards; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
Ordinance No. 11, Series of 2014
Pagel of3
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby amends Section H.17 of the Aspen Mountain Subdivision First Amended
and Restated Planned Unit Development/Subdivision Agreement to state:
17. The uses permitted in the commercial spaces in the hotel shall be retail and restaurant uses
and those permitted in the underlying zoning.
Section 2: Severability
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.
Section 3: Existing Litigation
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 amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: Approvals
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
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: Public Hearing
A public hearing on this Ordinance shall be held on the 9t' day of June, 2014, 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 28h day of April, 2014.
Att t:
Linda Manning,City Cle c SlenSka9dron,Mayor
Ordinance No. 11, Series of 2014
Page 2 of 3
FINALLY,adopted,passed and approved this day of 2014.
Att t:
i
Li da Manning,City Clerk Steven Skad on,7Via r
Approved as to form:
ames R. True,City Attorney
Ordinance No. 11, Series of 2014
Page 3 of 3
0 J4 ),0
Ad Name: 10150408A LEGAL NOTICE 1
ORDINANCE 11,2014 PUBLIC HEARING
Customer: Aspen (LEGALS) City of Ordinance#11,Series of 2014 was adopted on first
reading at the City Council meeting April 28,2014.
Your account number: 1013028 This ordinance,if adopted,will approve a PUD /
Amendment for 315 E.Dean(St.Regis). The
public hearing on this ordinance is scheduled for
• June 9,2014 at 5:00 p.m.City Hall,130 South
PROOF OF PUBLICATION Tolsee the entire text,go to the city's legal notice
website
htip://www aspeenpitkirl.com/Departments/Clerk/Le-
:?:X IM:: gal-Notices/
IF you would like a copy FAXed or e-mailed to you,
call the city clerk's office,429-2687
Published in Aspen Times Weekly on May 8,2014
(10150408)
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan,do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed, in whole or in
part and published in the County of Pitkin, State of
Colorado, and has a general circulation therein;that
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
�lorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions;and that the first publication
of said notice was in the issue of said newspaper dated
5/8/2014 and that the last publication of said notice
was in the issue of said newspaper dated 5/8/2014.
In witness whereof,I have here unto set my hand
this 05/09/2014.
Jim Morgan,Genera Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 05/09/2014.
. Pamela J. Schultz,Notary Public
Commission expires:November 1,2015
4PFtY PU
PAMELA J.
SCHULTZ