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Home My WebLink Aboutordinance.council.036-98 r-. r- , ORDINANCE NO. 36 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBSTANTIAL AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT, SUBDIVISION, AND REZONING OF THE ASPEN COUNTRY INN AFFORDABLE HOUSING PROJECT, 38996 illGHWAY 82, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Aspen Country Inn Affordable Housing Project (the Project) was granted Planned Unit Development (PUD), Subdivision, and Rezoning approval by the Aspen City Council, Ordinance Nrunber 16, Series of 1997, to develop forty (40) fully deed restricted dwelling units on a 3.9 acre parcel ofland at 38996 Highway 82, known as the Aspen Country Inn; and, WHEREAS, subsequent amendments to the property boundaries of real land conveyed to the City, certain structural conditions of the existing building, and changes to the proposed building which affect the dimensional provisions of the approved PUD require a substantial amendment to the approvals granted under Ordinance Nrunber 16, Series of 1997; and, WHEREAS, the applicant, the Aspen/Pitkin County Housing Authority, has requested a substantial amendment to the approved PUD, Subdivision, and Rezoning approval, as granted, and a waiver of the land use fees due as a result of the amendment; and, WHEREAS, the City Planning Department, the City Engineer, and the City Parks Director reviewed the development proposal in accordance with all applicable procedures and review criteria set forth in Sections 26.28, 26.52, 26.84, 26.88, and 26.92 of the Municipal Code and recommended approval of the amendments; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing on August 18, 1998, took and considered public testimony, and reviewed the request pursuant to the relevant review criteria and, by a 7 to 0 vote, recommended City Council approve the amendment; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28, 26.52, 26.84, 26.88, and 26.92, has reviewed and considered those recommendations made by the Ordinance No. 36, Series 1998 Page 1 11111111111I1111I111111111111111111111111I1111111111111 4406el 02/18/2000 11,15A ORDINANC DAVIS SILVI1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO '---..-.--------,-,-----...------.------------ ----,._,._--_._-----~-------,-~-_._- -'_..-.-._'-'------- ,-. r-- , Community Development Director and the Planning and Zoning Commission, and has taken ,and considered public comment at a public hearing; and, WHEREAS, the City Council finds the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal 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: The Final Planned Unit Development, Subdivision, and Rezoning approval for the Aspen Country Inn Affordable Housing Project, as granted by Ordinance No. 16, Series of 1997, is hereby amended in the following manner: Section 1: The Official Zone District map shall be amended to reflect the correct parcel boundary lines and zoning subsequent to the boundary changes between the Aspen Country Inn (ACI) parcel and the Maroon Creek Club (MCC). The ACI shall be zoned AHI-PUD. The MCC shall be zoned Park-PUD. The Community Development Director shall use the final plats filed by these parties as the basis for determining the parcel and zoning boundaries. This Section amends Sections 1 and 2 of Ordinance No. 16, Series of 1997. Section 2: The dimensional requirements of the Aspen Country Inn shall be as follows: a. Minimum distance between buildings No requirement b. Maximum height 30' to the peak of the original lobby area, thirteen (13) feet to the eastern-most edge of the building, and twen(y-two (22) feet to the point twen(y (20) feetfrom the eastern-most edge of the building. Thir(y (30) feet for the remainder of the original lobby area. Twen(y-four (24) feet for the East and South residential wings. Thir(y-One (31) feetfor the West wing. The elevator tower may be twen(y-seven (27) feet high from finished grade. c. Minimum front yard 100' d. Minimum rear yard 14' e. Minimnm side yard 10' f. Minimum lot width As represented on the final plat g. Minimum lot area 133,000 square feet h. Trash access area 10' wide minimum i. Iuternal floor area ratio No requirement Ordinance No. 36, Series 1998 Page 2 11111111111I1111111111111111111111111111111111111111111 44065102/18/2000 11.15A ORDINANC DAVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO ,-. 1""'"". . J. Minimum percent open space 25% Section 3: The City Council hereby extend the period in which the final plat may be recorded to 180 days after this amendment is approved by the Council. This development order shall be void if not recorded within this established time period. Section 4: The applicant shall install a new fire hydrant, remove or otherwise abandon the underground fuel storage tank, remove unnecessary and broken light fixtures, and make the appropriate arrangements for lighting the bus stop as required by the City Engineer. Section 5: The applicant shall not pay any land use review fees for this amendment. Section 6: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or docrunentation presented before the Planning and Zoning Commission 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 7: This Ordinance shall not effect 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 8: 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 9: 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. Section 10: A public hearing on the Ordinance shall be held on the 28th day of September, 1998 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. Ordinance No. 36, Series 1998 Page 3 111111I1111I11111111111111111111111111111I1111111I11111 44065102/18/2000 11'15A ORDINANC DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO . ~ ( , ,-. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of August, 1998. Approved as to form: Approved as to content: ~~:ili{/JdJ'K City orne FINALLY, adopted, passed and approved this 28th day of September, 1998. Approved as to form: Approved as to conten . ~ffh~ City Attorney 'h~",,> ,,: ';: ,'\ (}F ., ""~,' . ''''tt".t',.. $"" ',,- "" ,'" "t\ ~".,. .?, ::~ ~~..~~~~;,,;, " ~#./ ',~t!i'~:;'}'" \..,l -"./--,,~ " .:.,;'..c: ~;r:::.,.+<,:1<~;:; Ordkance Page 4 36, Series 1998 Ut~~ll!~~f!~l~!'III.I'III'1111111I11111I1II111111I1 4 of 4 R 20.00 D 01~1~A0ORDINANC DAVIS SILVI . .00 PITKIN COUNTY CO