HomeMy WebLinkAboutordinance.council.072-94 ORDINANCE N0.72
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN AMENDMENT TOiTHE
LITTLE NELL FINAL SPA DEVELOPMENT PLAN FOR THE PURPOSE OF ADDING
APPROXIMATELY 121 SQUARE FEET OF NET LEASABLE COMMERCIAL AREA ON
THE OUTDOOR DINING PATIO FOR THE AJAX TAVERN RESTAURANT AT THE
LITTLE NELL COMPLEX STREET (LOT i OF THE LITTLE NELL SUBDIVISION)
IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Little Nell Specially Planned Area (SPA) was
approved in 1986;and
WHEREAS, the Planning Director did receive from the Ajax
Tavern (Applicant) and has reviewed and recommended for approval
an application (the "Plan") for an amendment to the Little Nell SPA
Final Development Plan to allow the installation of an espresso
cart and pizza/sandwich grill on the Ajax Tavern's outdoor dining
patio; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (5) of the Municipal Code and did conduct a
public hearing thereon on December 6, 1994; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 8 of Article
7 (Specially Planned Area) the Planning and Zoning Commission has
recommended approval of the Ajax Tavern's amendment to the Little
Nell SPA Final Development Plan;
WHEREAS, in addition to the SPA Amendment, the project
received GMQS Exemption by the Planning Director for the ~net
leasable expansion of 121 square feet; and
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WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those
recommendations of the Planning and Zoning Commission; and
WHEREAS, the city Council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, 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 public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-804 B. of the Aspen Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
Plan's SPA development component:
1. The Applicant's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is compatible with and enhances the mix of
development in the immediate vicinity.
3. Sufficient public facilities exist to serve the development.
4. The parcel is generally suited for development considering
topography and natural hazards.
5. The Plan employs land planning techniques to limit impacts to
the environment and provides public and private amenities.
6. The Plan is in compliance with the Aspen Area Community Plan.
7. The Plan does not require the expenditure of public funds for
the subject parcel or the neighborhood.
8. No development is proposed on slopes of 20% or greater.
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9. NO GMQS allocations or exemption are necessary for the Plan
except for as approved within this ordinance°
Section 2: Pursuant to the findings set forth in Section 1 above,
the city Council grants SPA Final Development Plan amendment
approval for the Ajax Tavern subject to the following conditions:
1) If either or both the espresso bar or the sandwich/pizza area
are in use for any period other than December 15 through April
15, the applicant must apply for a revision to the SPA
Amendment and pay additional employee mitigation in effect at
the time of review.
2) Prior to the issuance of any building permits, Planning and
Zoning staff shall conduct an inspection of the Little Nell
parking garage to verify the addition of one parking space,
for a total of 119 spaces within the garage. In lieu of
providing the whole space, the applicant may elect to pay
$3,600.00 (.24 fraction of $15,000.00).
3) Prior to the issuance of any building permits for this
project, the applicant shall pay an affordable housing
mitigation fee of $6,395.40 to the city Finance Department.
Proof of payment shall be provided to the Planning office.
Section 3: All material representations and commitments made by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning Commission and or 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.
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 repealedi or
amended as herein provided, and the same shall be conducted land
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: That 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.
Secti_____o~ 7_/: A~public hearing on the Ordinance shall be held on the
~ day o~,f/~ 199~ at 5.00~'' in the City Council Chambers,
Aspen City'~'-~'-~-'Hall, Aspen Colorado, fifteen (15) 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 /~Q-- day of
~, 1994.
: John Bennett, Mayor
A~test: ~
Kathryn4. Koch, city Clerk
FINALLY, adopted, passed and approved this ~day of
Kathryn s//Koch, city Clerk
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