HomeMy WebLinkAboutordinance.council.029-07w0
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ORDINANCE N0.29
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL DENYING A
SUBDIVISION REVIEW FOR THE CONSTRUCTION OF A MIXED-USE
BUILDING AT 307 S. SPRING STREET AND 625 E. HYMAN AVE, LOTS D-I,
BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
Parce[ No. 2737-182-25-003
Parce[ No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-year
Development Allotments, Condominiumization, and Subdivision to construct athree-
storymixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and are located in the Commercial (C-1) Zone District; and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended the Planning and Zoning
Commission deny the Applicant's request for multi-year development allotments, finding
that the design and massing did not meet the standards for an exceptional project
necessary to obtain multi-yeaz development allotments; and,
WHEREAS, the City of Aspen Planning and Zoning Commission passed
Resolution 28, Series 2006 approving Commercial Design Review, 2006 Commercial
Growth Management Allotments, twelve (12) 2006 Affordable Housing Growth
Management Allotments, one (1) 2006 Free-Market Growth Management Allotment, and
recommending City Council approve an "Exceptional Project or Multi-Year
Development Allotment" Growth Management Review for five (5) 2007 Free-Market
Growth Management Allotments and a Subdivision Review on November 7, 2007; and,
WHEREAS, on December 11`h, 2006 the Aspen City Council approved Ordinance
No. 49, Series 2006, on First Reading by a four to zero (4-0) vote, approving with conditions
the Multi-Yeaz Growth Management Review and Subdivision of properties located at 307
S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and Townsite of
Aspen, CO; and,
WHEREAS, the City Council conducted public hearings on January 22"d, 2007,
February 12~h, 2007, and February 26`h, 2007, and took public comment on Ordinance No.
49, Series of 2006, and on February 26`h, 2007 the Aspen City Council did not approve
Ordinance No. 49, Series 2006, by a two to one (2 - 1) vote, approving with conditions
Multi-Year Development Allotments, and Subdivision for the development of a three-story,
mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
Ordinance No. 29, Series 2007
Page 1
WHEREAS, upon review of changes made to the application by the Applicant
following the January 22"d, 2007, and February 12`s, 2007 public hearings with City
Council, and the applicable code standards, the Community Development Department
recommended the City Council approve the Applicant's request for multi-year
development allotments, finding that the design and massing affordable housing, and
energy commitments met the standards, for an exceptional project necessary to obtain
multi-year development allotments; and,
WHEREAS, during a regular City Council meeting on February 27`h, 2007, the
Aspen City Council voted to reconsider the project on April 23'x, 2007 by a two (2) to one
(1) vote; and,
WHEREAS, on April 11`h, 2007 the Applicant amended their application to
"renew" their growth management request to request five (5) Free-Market Residential
Allotments under the Growth Management Review "Free-Market Residential Units
within aMixed-Use Project" separately from the approvals received in Resolution 28,
Series 2006; and
WHEREAS, the Community Development Department reviewed the amended
application and recommended approval of the five (5) Free-Market Residential Growth
Management Allotments, finding that application met the standards for such a review and
recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on June 5, 2007, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2007, by a five to zero
(5-0) vote, approving with conditions, a Growth Management Review for five (5) Free-
Market Residential Units in a Mixed Use Development, for the development of a three-
story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the Community Development Department reviewed the amended
application and recommended approval the Subdivision request, finding that application
met the standards for such a review and recommended approval of the request; and,
WHEREAS, on July 9`h, 2007 the Aspen City Council approved Ordinance No. 29,
Series 2007, on First Reading by a three to zero (3-0) vote, approving with conditions the
Subdivision of properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots
D-I, Block 100, City and Townsite of Aspen, CO; and,
WHEREAS, during a duly noticed public hearing on March 3, 2008, continued
from August 13, 2007, August 27, 2007, October 9, 2007, November 12, 2007, November
26, 2007, December 3, 2007, January 28, 2008, and February 11, 2008, the Aspen City
Council approved Ordinance No. 29, Series 2007, by a _3_ to _0 vote, denying a
Subdivision for the development of a three-story, mixed use building on Lots D-I, Block
100, City and Townsite of Aspen; and,
WHEREAS, the Aspen 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 recommendation of the Planning and Zoning Commission, the
Ordinance No. 29, Series 2007
Page 2
Community Development Deparhnent, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal does not meet all
applicable development standazds and that the approval of the development proposal, with
conditions, is not 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 welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby denies a Subdivision for the development
of athree-story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen.
Section 2:
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 3•
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 sepazate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City ;.
Council of the City of Aspen on the 9th day of July, 2007. /j ~/
Michael C. Ireland, Mayor
ATT ST:
Kathryn S och, ity Jerk
FINALLY, adopted, passed and approved this ~ day of~'~,20t~
i"
~ n'- J_
Michael C. Ireland,'Mayor
Ordinance No. 29, Series 2007
Page 3
ATTEST:
Kathryn S. ch, City Clerk
APPROVED AS TO FORM:
~--JoGn~ er, City Attorney 8/og
G:\cityUessica\Cases\Wienerstube\Council\Subdivision\Wienerstube Ordinance3.3.O8FINAL.doc
Ordinance No. 29, Series 2007
Page 4
Memorandum
To: John Worcester, City Attorney
Mick Ireland, Mayor
Kathryn Koch, City Clerk
From: Jessica Garrow, Long Range Planner, Wienerstube Case Planner
Date: Apri14, 2008
RE: Clerical Changes to Ordinance 29, Series 2007
Staff recently closed the Land Use File for the Wienerstube (307 S. Spring/625 E. Hyman)
Application, and noticed a clerical error in the final Ordinance, Ordinance 29, Series of 2007.
The fourteenth (14~') "WHEREAS" clause lists the incorrect date of the Council's denial of the
application. The Clause states the denial took place on February 11, 2008, when it actually took
place on Mazch 3, 2008. The clause reads:
"WHEREAS, during a duly noticed public hearing on February 11, 2008, continued from
August 13, 2007, August 27, 2007, October 9, 2007, November 12, 2007, November 26,
2007, December 3, 2007, and January 28, 2008, the Aspen City Council approved
Ordinance No. 29, Series 2007, by a _3_ to _0_vote, denying a Subdivision for the
development of a three-story, mixed use building on Lots D-I, Block 100, City and
Townsite of Aspen; and,"
Staff requests the following clerical change be made to the Ordinance and recorded. Deleted text is
crossed out, added text is underlined:
"WHEREAS, during a duly noticed public hearing on-FeH:~°-~~1--',CAB March 3, 2008,
continued from August 13, 2007, August 27, 2007, October 9, 2007, November 12, 2007,
November 26, 2007, December 3, 2007, and-January 28, 2008, and February 11, 2008, the
Aspen City Council approved Ordinance No. 29, Series 2007, by a _3_ to _O vote, denying
a Subdivision for the development of athree-story, mixed use building on Lots D-I, Block
100, City and Townsite of Aspen; and,"
The clause therefore reads:
"WHEREAS, during a duly noticed public hearing on Mazch 3, 2008, continued from
August 13, 2007, August 27, 2007, October 9, 2007, November 12, 2007, November 26,
2007, December 3, 2007, January 28, 2008, and February 11, 2008, the Aspen City Council
approved Ordinance No. 29, Series 2007, by a _3_ to _0_vote, denying a Subdivision for
the development of a three-story, mixed use building on Lots D-I, Block 100, City and
Townsite of Aspen; and,"
7
' /~
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. K ~ ,City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney