HomeMy WebLinkAboutzoning ordinance_draftPage 1 of 3
Ordinance XX, Series of 2022
Aspen Mini-Storage Zoning
ORDINANCE NO. XX
SERIES OF 2022
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL ESTABLISHING THE
INITIAL ZONING TO AN ANNEXED PROPERTY TO THE SERVICE COMMERCIAL
INDUSTRIAL ZONE DISTRICT AND APPROVING A FINAL PLANNED
DEVELOPMENT PLAN FOR THE PROPERTY COMMONLY KNOWN AS THE
ASPEN MINI-STORAGE PROPERTY, 105 WOODWARD LANE, ASPEN,
COLORADO, 81611 AND LEGALLY DESCRIBED AS: LOT 3, COMMUNICATIONS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3,
1988, IN PLAT BOOK 21 AT PAGE 34.
PARCEL ID: 273503102003
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 105 Woodward Lane in the Aspen Airport
Business Center, 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 March 1, 2022, the Planning and
Zoning Commission approved Resolution No. XX, Series of 2022, by a X to X vote,
recommending approval of an Amendment to the Zone District Map, initially zoning the
property as Service Commercial Industrial with Planned Development overlay (SCI-PD), and
recommending the Aspen City Council approve a Final PD plan reflecting existing dimensions;
and,
Page 2 of 3
Ordinance XX, Series of 2022
Aspen Mini-Storage Zoning
WHEREAS, The Aspen City Council reviewed and considered the proposal under the
applicable provisions of the Municipal Code, has reviewed and considered the 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 April 12, 2022, 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-PD), and approved
a Final PD 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-PD 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-PD
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
Lot 3, Communications Subdivision, also known as the Aspen Mini-Storage, of as included in the
Service Commercial Industrial Zone District with a Planned Development overlay (SCI-PD). The
Community Development Director shall use the survey descriptions contained in the PD Site Plan
of October 22, 2021, attached as Exhibit A, as the basis for determining the zoning boundaries.
Section 2: Approved PD Dimensions and Uses
The dimensional allowances and limitations for Lot 3, Communications Subdivision, also known
as the Aspen Mini-Storage, shall be the existing conditions as outlined in the PD Site Plan of
October 22, 2021, attached as Exhibit A. The use of the property as a mini-storage facility that
contains a caretaker dwelling unit is approved by this PD.
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.
Page 3 of 3
Ordinance XX, Series of 2022
Aspen Mini-Storage Zoning
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 12th day of April 2022, 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 22nd day of March, 2022.
_________________________________
Torre, Mayor
ATTEST:
__________________________________
Nicole Henning, City Clerk
FINALLY ADOPTED, PASSED AND APPROVED this 12th day of April, 2022.
___________________________________
Torre, Mayor
APPROVED TO FORM: ___________________________________
James R. True, City Attorney
ATTEST: __________________________________
Nicole Henning, City Clerk
EXHIBIT A : PD Site Plan