HomeMy WebLinkAboutordinance.council.004-2022Illlllllllllllllllllllllllllllllllllllllllllllllllllillllllllllllllllllllll
RECEPTION#: 687623, R: $68.00, D: $0.00
DOC CODE: ORDINANCE
Pg 1 of 12,0511212022 at 11:00:11 AM
Ingrid K. Grueter, Pitkin County, CO
ORDINANCE #04
(SERIES OF 2022)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING A MINOR
PLANNED DEVELOPMENT AMENDMENT TO THE PROJECT REVIEW
APPROVAL FOR THE PROPERTY LOCATED AT 700 UTE AVENUE, LEGALLY
DESCRIBED AS LOT 1, ASPEN ALPS PD/SUBDIVISION.
Parcel ID: 2 73 7-182-55-801; 2 73 7-182-55-001 through -011; 2 73 7-182-55-013 through -017
WHEREAS, the Community Development Department received an application for the
land use review for the development of 700 Ute Avenue, Aspen Alps Building 100 (the
Application) from Aspen Alps Condominium Association (Applicant), represented by Alan
Richman Planning Services and Menendez Architects, for Minor Planned Development
Amendment to a Project Review; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day of initial application — December 8, 2021, as applicable to this project's requests; and,
WHEREAS, this property is located in the Lodge (L) zone district with a Planned
Development (PD) overlay and is .624 acres in size (27,184 sq. ft.); and,
WHEREAS, the Community Development Department referred the Application and
received comments from the City Engineering, and Parks Departments; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the proposed Application and recommended approval of the request; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit of
public noticing submitted to the record, as provided by the Applicant to meet the requirements of
Land Use Code Section 26.304.035, and the public was provided full access to review the
Application; 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
recommendations of the Community Development Director, the applicable referral agencies, and
has taken and considered public comment at a public hearing; and,
WHEREAS, on March 8, 2022, the Aspen City Council passed Ordinance No. 04, Series
of 2022 on First Reading by a five to zero (5 — 0) vote, and opened and set the date for Second
Reading to April 12, 2022; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; and,
700 Ute Ave, Aspen Alps PD 100 Building
Ordinance #04, Series 2022
Page 1 of 3
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1: Minor Planned Development Amendment to a Pro'cct Review Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council grants approval of the Minor Planned Development Amendment to the Project
Review Approval allowing for the following site improvements, as schematically depicted in
Exhibit A, approved site plans and elevations:
• Reconfiguration of the pool and spa area, and
• Removal and replacement of all exterior finishes, and
• New hardscape, and
• New landscaping, and
• Memorialization of exterior site improvements, and
• Amended setbacks, and
• Amended height justified by energy efficiency and structural improvements
The a 3roved dimensions are as follows:
Dimensional Requirement
Dimensions
Minimum front yard setback
5'
Minimum east side yard
setback
5'
Minimum west side yard
setback
0' setback measured from easement (12' from lot line)
Minimum rear yard setback
0' setback measured from easement (13' 10" from lot line)
30' 9" (approx.; pending final structural design)
Maximum Height
Section 2: Conditions of Approval The development is subject to the following conditions of approval:
1. The Applicant shall submit for review and recordation by the Community Development
Director an amended plat within 180 days of the issuance of a development order that
clearly depicts all proposed improvements to the site.
2. A building permit is required and shall not be issued unless the project is in compliance
with all other policies and codes as currently adopted by the City of Aspen.
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 Community Development Department or the Aspen City Council are hereby
700 Ute Ave, Aspen Alps PD 100 Building
Ordinance 404, Series 2022
Page 2 of 3
incorporated in such plan development approvals and the same shall be complied with as if fully
set forth herein, unless amended by other specific conditions or an authorized authority.
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 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 8th day of March, 2022.
Att 7
Nicole Henning, City Clerk
Approved as to content:
7WW,..--
Torre, Mayor
FINALLY, adopted, passed and approved this 12th day of April, 2022.
Approved as to form: Approved as to content:
Jim True, City orney Torre, Mayor
A est:
Nicole Henning, City Cle
EXHIBITS:
Exhibit A: Schematic approved site plan and elevations
700 Ute Ave, Aspen Alps PD 100 Building
Ordinance #04, Series 2022
Page 3 of 3
6=
W
a
a
a
s�
e:
Q
o
zo
r
U C
LL
Q N O
`
UJ V1 ill
...............
W
r�
i
.......... .....I.. ......Ii���
. LI u1 '•
—
�rCll g o r
5
llilfl mJ ��} t ^ W d c
n
Q
rn�
F�
i
gW
50
o
Jim
nO
tt
�
�I
R
1
r
m
z
0
Q
w
J
w
O
w
F
w
w
3
w
w
0
0
a
r
U
m
E
N
L �
U C
Q C
Za
L _N
W fn
IIII1
N
ti
ai1111
91
m=
o
01
it
i
r
fLU
oZ
a a
a
�k
U
�Illl � N
9w z
}} as a ~1
gg�p�
Hd
O c
i
g&
W
K
rt
W
F
m
-
�
If
�
°c
i uyy3y.�
BIB 9O
I
GIs
LU
> COO
0
it
a.
a.
E a)
IF :1
.0
0
co m m
Q
w inTu
m
mi
(D
- - - - - - - It
JCZY
F
MWO1
L mi
CL
j
CL
1RJ
WE
3"M
M
'log O!N
41
III 111 1 -M
z
kn
z x
cl
w
................
Is