HomeMy WebLinkAboutordinance.council.006-09ORDINANCE NO. 6
(SERIES 2009)
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE
GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF ALLOWING A
VEHICULAR TENT SHELTER UNTIL 2013 TO PARK AMBULANCES AT THE ASPEN
VALLEY HOSPTIAL COMMONLY DESCRIBED AS 401 CASTLE CREEK ROAD,
LEGALLY DESCIBED AS PARCEL C, ASPEN VALLEY HOSPITAL DISTRICT
SUBDIVSION
Parcel IdentiTcation Number 2735-123-07-801
WHEREAS, Leslie Lamont, located at 725 Melissa Lane, Carbondale, Colorado on behalf
of the Aspen Ambulance District, 401 Castle Creek Road, Aspen, Colorado, submitted a request for
Growth Management Review dated December 24`x, 2008 to the Community Development
Department; and
WHEREAS, the subject property is located at 401 Castle Creek Road, Aspen, the parcel is
identified as pazce] number 2735-123-07-801, and the legal description of the property is: Parcel C,
Aspen Valley Hospital District Subdivision, City of Aspen, County of Pitkin, State of Colorado; and
WHEREAS, upon review of the application, and the applicable code standards, the
Community Development Department determined affordable housing mitigation for growth
management is not necessazy at this time. No new net leasable commercial or office space has
been created nor have any new employees been generated; and
WHEREAS, during a duly noticed public hearing on January 20`h, 2009, the Planning and
Zoning Commission made a recommendation to Council to approve the request for Growth
Management Review; and,
WHEREAS, during a duly noticed public hearing on February 23`d, 2009, the Council to
approved the request for Growth Management Review; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein; 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 OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for exemptions for growth management
mitigation. The growth management mitigation will be assessed during the Master Facilities
Plan process. The applicant intends to use this vehicular tent shelter until 2013. The following
conditions apply:
1. The applicant is permitted to use the vehiculaz tent shelter until a permanent shelter is
constructed.
2. As requested in the temporary use permit, the applicant is required to plant two spruce
trees that aze four feet high and to work with Ron Moorhead, the adjacent property owner
regarding their placement. These trees are required to be planted by June ls`, 2009.
3. All material representations made in the application and in the hearing by the Applicant
and the Applicant's representative shall be considered conditions of approval, unless
amended by other conditions.
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, aze hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
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.
Section 5:
A public hearing on this ordinance shall be held the 23`d day of March, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice 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 23rd day of Februazy, 2009.
Michael C. Ireland, Mayor
Attest:
~~
Kathryn S. Ko 'City Clerk
FINALLY adopted, passed and approved this 23 day of M r 2009 y a - 0 vote.
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Michael .Ireland, ~' yor
Attes ~/ d` J~
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Kathryn S. Ko ,City Clerk
Approved as to form:
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John . Worc ster, City Attorne~ !~