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Janice K.Vos Caudill, Pitkin County, CO
ORDINANCE NO. 12,,
(SERIES OF 2016)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING MINOR
PLANNED DEVELOPMENT AMENDMENT APPROVAL FOR THE SMUGGLER
PARK SUBDIVISION.
WHEREAS, the Community Development Department received an application for
Smuggler Park Subdivision (the Application) from the Smuggler Park Homeowners Association
(Applicant) for Minor Planned Development Amendment; and,
WHEREAS,all code citation references are to the City of Aspen Land Use Code in effect
on the day of initial application—February 18, 2016, as applicable to this Application; and,
WHEREAS, this property is zoned High Density Residential (R-3) with a Planned
Development (PD) overlay; and,
WHEREAS, the Community Development Department referred the application to the
Aspen/Pitkin County Housing Authority and received comments; and,
WHEREAS, the Aspen Community Development Department and said referral agency
reviewed the proposed Application and recommended conditions; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit of
public noticing submitted to the record, a summary of public outreach was 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 proposed development; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended approval of the application; and,
WHEREAS, on May 23, 2016, the Aspen City Council approved Ordinance No. 12, Series
of 2016 on First Reading by a five to zero(5 —0)vote; 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, during a duly noticed public hearing on July 11, 2016, continued from June
27, 2016, the Aspen City Council approved Ordinance No. 12, Series of 2016, by a three to one (3—
1)vote, approving a Minor Planned Development Amendment;and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards; and,
ECEVE1
Smuggler Park Su 'vision
Ordinance No. 12, Seriew 8/2 0 2 2
Page l of
ASPEN
BUILDING DEPARTMENT
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: Approvals
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby grants the Smuggler Park Subdivision a Minor Amendment to Planned
Development Project Review approval, subject to the conditions of approval as listed herein.
Section 2: Planned Development Agreement
The Applicant shall submit an amended and restated Planned Development agreement(hereinafter
"Agreement")that meets the requirements of the Land Use Code within 180 days of final approval.
The 180 days shall commence upon the date of approval by the Aspen City Council. The recordation
documents shall be submitted in accordance with the requirements of Section 26.490 Approval
Documents of the Land Use Code.
The following amendments shall be incorporated into the amended and restated Planned
Development Agreement:
1. The porch size requirement in Chapter 26.410, Residential Design Standards, shall be
reduced to 25 sq. ft. with a minimum depth of 4 ft.
2. The principal window size requirement in Chapter 26.410, Residential Design Standards,
shall be reduced to 2 ft. x 4 ft.
3. The number of required off-street parking spaces shall be provided in accordance with the
Land Use Code, as may be amended.
4. The height shall be measured from the midpoint of the lots average slope.The measurement
of height from that point shall be that described in the Land Use Code,as may be amended.
5. Accessory Dwelling Units (ADUs) shall be clarified as a permitted use. Any proposed
ADU shall comply with the requirements of the Land Use Code, as may be amended.
6. Certain features may be combined in the side yard setback. This is limited to light wells and
stairwells as required by adopted Building or Fire Codes and landscape walls,berms,retaining
walls and similar structures which do not exceed thirty (30) inches above or below grade,
pursuant to the allowances in the City of Aspen Land Use Code, as may be amended.
7. Garages may be no more than fifty percent (50%) of the width of the front façade of the
building.
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
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.
RECEIVED
Smuggler Park Subdivision
Ordinance No. 12, Sertr9i8/2 0 2 2
Page 2 o 3
ASPEN
BUILDING DEPARTMENT
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.
Section 6:
A public hearing on this ordinance shall be held on the 11th day of July, 2016, 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 23`d day of May, 2016.
DAtptt:
Linda Manning,City Cler Steven dron M
FINALLY, adopted,passed and approved this 11th day of u1y,2016.
Attes
inda Manning,City Cle k Stev kadro ,Mayor
Approved as to form:
mes R. True, City Attorney
RECEIVED
Smuggler Park Subdivision
Ordinance No. 12, Ser07298/2 0 2 2
Page 3 of 3
ASPEN
BUILDING DEPARTMENT