HomeMy WebLinkAboutordinance.council.006-11RECEPTION #: 578413, 03/17/2011 at
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1 OF 3, R $21.00 Doc Code ORDINANCE
ORDINANCE NO. (Janice K. Vos Caudill, Pitkin County, CO
SERIES OF 2011)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL REZONING TO
THE SERVICE COMMERCIAL INDUSTRIAL ZONE DISTRICT AND
APPROVING A FINAL PLANNED UNIT DEVELOPMENT PLAN FOR THE
FORMER BMC WEST PROPERTY LOCATED AT 38005 STATE HIGHWAY 82,
ASPEN AIRPORT BUSINESS CENTER, BLOCK 1, LOTS 1 AND 2, CITY OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273503101801 and 273503101802
WHEREAS, the Community Development Department received an application
from the City of Aspen, represented by City Manager Steve Barwick, requesting approval
of an Amendment to the Zone District Map and a final Planned Unit Development
PUD), for the property at 38005 State Highway 82, commonly known as the BMC West
property, and legally described as Lots 1 and 2, Block 1, Aspen Airport Business Center,
Pitkin County, Colorado; and,
WHEREAS, the property is located at 38005 State Highway 82, and is zoned B2
General Business) in Pitkin County; and,
WHEREAS, the Applicant requested and received annexation into the City of
Aspen and the City has a requirement to designate zoning for the property; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department found that the application meets or exceeds
applicable standards of review and recommended the property be zoned into the Service
Commercial Industrial Zone District with a Planned Unit Development overlay (SCI -PUD);
and,
WHEREAS, the Planning and Zoning Commission reviewed and considered the
proposal under the applicable provisions of the Municipal Code, has reviewed and
considered the recommendation of the Community Development Director, and has taken
and considered public comment; and,
WHEREAS, during a duly noticed public hearing on February 1, 2011, the
Planning and Zoning Commission approved Resolution No. 1, Series of 2011, by a five to
zero vote, recommending approval of an Amendment to the Zone District Map, initially
zoning the property as Service Commercial Industrial with Planned Unit Development
overlay (SCI -PUD), and recommending the Aspen City Council approve a Final PUD plan
reflecting existing dimensions; and,
WHEREAS, the Aspen City Council reviewed and considered the proposal under
the applicable provisions of the Municipal Code, has reviewed and considered the
Ordinance No. 6, Series 2011.
Page 1
recommendations of the Community Development Director and the Planning and Zoning
Commission, and has taken and considered public comment; and,
WHEREAS, during a duly noticed public hearing on February 28, 2011, the
Aspen City Council approved an Amendment to the Zone District Map, initially zoning the
property as Service Commercial Industrial with Planned Unit development overlay (SCI -
PUD), and approved a Final PUD plan reflecting existing dimensions; and,
WHEREAS, the City Council finds that the proposal meets or exceeds all
applicable standards and that assigning the subject property to the SCI -PUD Zone District 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 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1: Initial Zoning to SCI -PUD
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code
Section 26.310, Amendments to the Land Use Code and Official Zone District Map, The
Official Zone District Map of the City of Aspen shall be amended by the Community
Development Director to reflect Lots 1 and 2, Block 1, Aspen Airport Business Center, as
included in the Service Commercial Industrial Zone District with a Planned Unit
Development overlay (SCI -PUD). The Community Development Director shall use the
survey descriptions contained in the Improvement Survey Plat of April 22, 2009, attached
as Exhibit A, as the basis for determining the zoning boundaries.
Section 2: Approved PUD Dimensions
The dimensional allowances and limitations for Lots 1 and 2, Block 1, Aspen Airport
Business Center, shall be the existing conditions as outlined in Improvement Survey Plat
of April 22, 2009, attached as Exhibit A.
Section 3:
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:
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.
Ordinance No. 6, Series 2011.
Page 2
Section 5:
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 the Ordinance was held on the 28 day of February, 2011, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14 day of February, 2011.
Attest:
Kathryn 5./ och,Micha and
City Cler Mayor
FINALLY, adopted, passed and approved this gg day of ti .t 011.
Attest:
Ma__
Kathryn S. ch,Michael C. Ireland,
City Clerk Mayor
Approved as to form:
ord
Exhibit A: Improvement Survey Plat of April 22, 2009
t/79 v/ y
Ordinance No. 6, Series 2011.
Page 3
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Exhibit B
Amendment to Zone District Map Review Criteria & Staff Findings
Standards of Review: In reviewing an amendment to the text of this Title or an
amendment to the Official Zone District Map, the City Council and the Planning
and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of
this Title.
Staff Finding: The proposed amendment is not in conflict with any applicable portion of
this title, as the responses to standards of review illustrate below. The applicant proposes
an initial underlying zoning of Service /Commercial /Industrial, which is the only city zone
district that expressly permits a lumber yard. The applicant proposes a Planned Unit
Development (PUD) overlay with the express intent of "freezing" the existing
development on -site in its current condition, including the existing dimensions and use.
Any future change to the existing dimensions and use would require a rezoning and /or
PUD Amendment. The intent of the current request is to facilitate only the annexation of
the property and the continued operation of the lumber yard; this application does not
represent a proposed development. Staff believes this criterion is met.
B. Whether the proposed amendment is consistent with all elements of the Aspen
Area Community Plan.
Staff Finding: The proposed amendment would make no changes to existing conditions.
However, the proposed amendment requires any future proposed development to rezone
and/or gain approval for a PUD Amendment. Both a rezoning or PUD review process
includes a criteria assuring that any future development must be "consistent with all
elements of the Aspen Area Community Plan." If the property is annexed, the City of
Aspen has an obligation to assign a zone district to the property. Staff believes S /C /I-
PUD for this property is consistent with all the elements of the AACP.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request does not create any adverse effects on the
subject property's neighborhood or surrounding environment. Any future development
proposal must comply with this standard under rezoning, or similar standards under a
PUD Amendment. Under a future PUD Amendment, any future development proposal
must comply with a set of more specific criteria regarding compatibility. Staff believes
this criterion is met.
D. The effect of the proposed amendment on traffic generation and road safety.
BMC Zoning Exhibit B
Page 1
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request does not propose additional traffic
generation that might contribute to road safety issues. Any future development proposal
must comply with this standard under rezoning, or similar standards under a PUD
Amendment. Under a future PUD Amendment, any future development proposal must
comply with a set of more specific criteria regarding traffic generation and road safety.
Staff believes this criterion is met.
E. Whether and the extent to which the proposed amendment would result in
demands on public facilities and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities including, but not
limited to, transportation facilities, sewage facilities, water supply, parks, drainage,
schools and emergency medical facilities.
Staff Finding: The property proposed for annexation is currently served by City
municipal water and district sanitary sewer service. For the continued operation of the
lumber yard, there will be no additional demands on public facilities. Any future
development proposal must comply with this standard for rezoning, or similar standards
under a PUD Amendment. Under a future PUD Amendment, any future development
proposal must comply with a set of more specific criteria regarding public facilities.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Finding: This request will facilitate the continued operation of the current lumber
yard operation on the site. As such, this request would not result in significantly adverse
impacts on the natural environment. Any future development proposal must comply with
this standard under rezoning, or similar standards under a PUD Amendment. Under a
future PUD Amendment, any future development proposal must comply with a set of
more specific criteria regarding impacts on natural resources.
G. Whether the proposed amendment is consistent and compatible with the
community character in the City.
Staff Finding: The existing lumber yard operation is already integrated with and thus
consistent with the community character in the City. Any future development proposal
must comply with this standard under rezoning, or similar standards under a PUD
Amendment. Under a future PUD Amendment, any future development proposal must
comply with a set of more specific criteria regarding "consistency with the character of
existing land uses in the surrounding area," as well as criteria regarding site design and
architectural character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
BMC Zoning Exhibit B
Page 2
Staff Finding: The City has purchased this parcel and wishes to annex it at this time,
largely in fiduciary responsibility to city taxpayers through the future collection of
property and sales taxes. Any future rezoning proposal must comply with this standard.
I. Whether the proposed amendment would be in conflict with the public interest
and whether it is in harmony with the purpose and intent of this Title.
Staff Finding: Based on the above responses, the proposed amendment would not be in
conflict with the public interest and the proposed amendment is in harmony with the
purpose and intent of the City of Aspen Land Use Regulations. This request meets all of
the "Standards of review" criteria established in the above noted Section 26.310.040 of
the City of Aspen Land Use Regulations. Any future rezoning proposal must comply with
this standard.
BMC Zoning Exhibit B
Page 3
Exhibit C
PUD Review Criteria & Staff Findings
A. General requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. However, the
proposed amendment requires any future proposed development to rezone and/or gain
approval for a PUD Amendment. Both a rezoning or PUD review process includes a
criteria assuring that any future development must be "consistent with all elements of the
Aspen Area Community Plan." This parcel is part of the urbanized area of Aspen. Staff
finds this criterion is met.
2. The proposed development shall be consistent with the character of existing land
uses in the surrounding area.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. The existing lumber
yard operation is already integrated with and thus consistent with the character in the
surrounding area.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding: The proposed amendment does not represent or reflect a "proposed
development," and would make no changes to existing conditions. Initial zoning and
PUD designation will not adversely effect future development of the surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt
from GMQS or GMQS allotments are available to accommodate the proposed
development and will be considered prior to or in combination with, final PUD
development plan review.
Staff Finding: No GMQS allotments are being requested.
B. Establishment of dimensional requirements: The final PUD development plans
shall establish the dimensional requirements for all properties within the PUD as
described in General Provisions, Section 26.445.040, above. The dimensional
requirements of the underlying Zone District shall be used as a guide in determining
the appropriate dimensions for the PUD. During review of the proposed
dimensional requirements, compatibility with surrounding land uses and existing
BMC Zoning Exhibit C
Page 1
development patterns shall be emphasized. The proposed dimensional requirements
shall comply with the following:
1. The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural or man -made hazards.
c) Existing natural characteristics of the property and surrounding area such as
steep slopes, waterways, shade and significant vegetation and landforms.
d) Existing and proposed man -made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking and historical resources.
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses. Staff finds criteria a -d are met.
2. The proposed dimensional requirements permit a scale, massing and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses. Staff finds the proposed
dimensional requirements are appropriate.
3. The appropriate number of off - street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any nonresidential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed.
c) The availability of public transit and other transportation facilities, including
those for pedestrian access and /or the commitment to utilize automobile
disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the City.
Staff Finding: There is no proposed development. The proposed dimensional
requirements in the Final PUD Plan limit development on the site to existing conditions
and uses. Staff finds these criteria met. Any future PUD Amendment must comply with
this criteria.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a PUD
may be reduced if:
BMC Zoning Exhibit C
Page 2
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density
of a PUD may be reduced if:
Staff Finding: The proposed dimensional requirements in the Final PUD Plan limit
development on the site to existing conditions and uses.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD may
be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area plan
to which the property is subject.
b) The site's physical capabilities can accommodate additional density and there
exists no negative physical characteristics of the site, as identified in
Subparagraphs 4 and 5, above, those areas can be avoided or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with and complimentary to, the surrounding existing and
expected development pattern, land uses and characteristics.
Staff Finding: Not applicable. There is not a proposal to increase allowable density.
C. Site design. The purpose of this standard is to ensure the PUD enhances public
spaces, is complimentary to the site's natural and man -made features and the
adjacent public spaces and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man -made features of the site which are unique, provide
visual interest or a specific reference to the past or contribute to the identity
of the town are preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open
spaces and vistas.
3. Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate and provide visual interest and
engagement of vehicular and pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
BMC Zoning Exhibit C
Page 3
6. Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall not negatively impact surrounding
properties.
7. For nonresidential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with the
use.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address these criteria. Staff believes
accepting current conditions on the parcel meets this standard C(1 -7).
D. Landscape plan. The purpose of this standard is to ensure compatibility of the
proposed landscape with the visual character of the City, with surrounding parcels
and with existing and proposed features of the subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well - designated treatment of exterior spaces,
preserves existing significant vegetation and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
2. Significant existing natural and man -made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address these criteria. Staff believes
accepting current conditions on the parcel meets this standard D(1 -3).
E. Architectural character.
1. Be compatible with or enhance the visual character of the City, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for and indicative of the intended use and respect the scale
and massing of nearby historical and cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade and vegetation and by use of
non- or Less- intensive mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and
appropriate manner that does not require significant maintenance.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address this criteria. Staff believes accepting
current conditions on the parcel meets standards E(1 -3).
BMC Zoning Exhibit C
Page 4
F. Lighting. The purpose of this standard to ensure the exterior of the development
will be lighted in an appropriate manner considering both Public Safety and general
aesthetic concerns. The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures and access ways is proposed in an appropriate manner.
2. All exterior lighting shall in compliance with the outdoor lighting standards
unless otherwise approved and noted in the final PUD documents. Up-
lighting of site features, buildings, landscape elements and lighting to call
inordinate attention to the property is prohibited for residential
development.
Staff Finding: There is no proposed development at this time. Potential future
development or redevelopment will need to address this criteria. Staff believes accepting
current conditions on the parcel meets standards F(1 -2).
G. Common park, open space or recreation area. If the proposed development
includes a common park, open space or recreation area for the mutual benefit of all
development in the proposed PUD, the following criteria shall be met:
Staff Finding: Not applicable. There is no common park or open space propsed.
H. Utilities and public facilities. The purpose of this standard is to ensure the
development does not impose an undue burden on the City's infrastructure
capabilities and that the public does not incur an unjustified financial burden. The
proposed utilities and public facilities associated with the development shall comply
with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
2. Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding: Not applicable. There is no proposed increase in development at this time.
Staff believes accepting current conditions on the parcel meets standard H(1 -3).
I. Access and circulation. The purpose of this standard is to ensure the development
is easily accessible, does not unduly burden the surrounding road network, provides
adequate pedestrian and recreational trail facilities and minimizes the use of
security gates. The proposed access and circulation of the development shall meet
the following criteria:
BMC Zoning Exhibit C
Page 5
1. Each lot, structure or other land use within the PUD has adequate access to a
public street either directly or through an approved private road, a
pedestrian way or other area dedicated to public or private use.
2. The proposed development, vehicular access points and parking
arrangement do not create traffic congestion on the roads surrounding the
proposed development or such surrounding roads are proposed to be
improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of or
connections to, the bicycle and pedestrian trail system and adequate access to
significant public lands and the rivers are provided through dedicated public
trail easements and are proposed for appropriate improvements and
maintenance.
4. The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths and
transportation are proposed to be implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under
private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access.
6. Security gates, guard posts or other entryway expressions for the PUD or for
lots within the PUD, are minimized to the extent practical.
Staff Finding: There is no proposed change to the access or circulation patterns. Staff
believes accepting current conditions on the parcel meets criterion I (1 -6).
J. Phasing of development plan. The purpose of this criteria is to ensure partially
completed projects do not create an unnecessary burden on the public or
surrounding property owners and impacts of an individual phase are mitigated
adequately. If phasing of the development plan is proposed, each phase shall be
defined in the adopted final PUD development plan. The phasing plan shall comply
with the following:
Staff Finding: Not applicable. There is no phasing proposed.
BMC Zoning Exhibit C
Page 6
I UC, UCJ I J, LU I I
vv.. •
6184388 j 1 Z-6 iAdTicket #5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail: ANGELA SCOREY
Client:
Caller: Kathryn Koch C Aspen
Receipt State: CO Zip: 81611
Ad Name: 6184388A Original Id: 0
Editions: 8ATI /8ATW/Class: 0990
Start: 02/20/11 Stop: 02/20/11
Color:Issue 1
Copyline: 6184388 atw Ordinance #6 R AT Legals
LEGAL NOTICE
Lines:21 ORDINANCE #6, 2011, PUBLIC HEARING
Depth:1.76 Ordinance #6, Series of 2011, was adopted on
Columns:1 first reading at the City Council meeting February
14, 2011. This ordinance, if adopted, will zone the
Discount:0.00 city -owned BMC property when it is annexed into
the city. The public hearing on this ordinance isCommission:0.00 scheduled for February 28, 2011 at 5 PM, City hall,
Net:0.00
130 South Galena.
Tax:0.00 To see the entire text, go to the city's legal notice
website http:llwww.aspenpitk!n.com/
Total 10.63 Departments /Clerk /Legal - Notices/
Payment 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 Times Weekly on
Februrary 20, 2011.. 61843881
Ad shown is not actual print size
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