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Home My WebLink Aboutordinance.council.004-2019 T�Ifnle q-0.0 ORDINANCE N0. 4 � (SERIES OF 2019) 19 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REZONING OF PROPERTY COMMONLY DESCRIBED AS 465 AND 557 N. MILL STREET, LEGALLY DESCRIBED IN EXHIBIT A; CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 273707300048 and 273707300013 WHEREAS, the Community Development Department has received an application from North Mill Street, LLC (Applicant), represented by Chris Bendon, BendonAdams, LLC, requesting to rezone properties located at 465 and 557 N. Mill Street (legally described in Exhibit A of this Ordinance) from the Service/Commercial/Industrial (SCI) zone district to the Mixed Use (MU) zone district; and, WHEREAS, pursuant to Chapter 26.310.060 of the Land Use Code, Rezoning shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended denial of the application; and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the rezoning proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation for the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, during a duly noticed public hearing on February 19`h, 2019 the Planning and Zoning Commission approved Resolution No. 4, Series 2019, by a five to one (5-1) vote, recommending that the Aspen City Council deny the proposed Rezoning for 465 and 557 N. Mill Street; and, WHEREAS, the Planning and Zoning Commission found that pursuant to Land Use Code Section 26.310.090(A) the rezoning proposal is not compatible with surrounding zone districts and land uses, when considering existing land use and neighborhood characteristics; and, the Planning and Zoning Commission further found that the proposed rezoning is inconsistent with the goals and statements of the Aspen Area Community Plan(AACP), the 2006 Civic Center Master Plan, and the 2018 Commercial, Lodging, and Historic District Design Standards and Guidelines—River Approach Area; and, WHEREAS, the Planning and Zoning Commission further found that pursuant to Land Use Code Section 26.310.090(D), the proposed rezoning and subsequent reduction of SCI zoned land, which allows essential uses that provide basic community needs, is inconsistent with the community character, the public interest, and the intent of this Title. Page 1 of 4 v f r, VHEREAtS, the.Aspen City Council considered the rezoning request at I" Reading on March 25d', Z0196and at 2nd Reading(duly noticed public hearing) on April 22nd, 2019; and, WHEREAS, the Aspen City Council has reviewed and considered the Rezoning request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, has reviewed and considered the recommendation of the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the rezoning proposal meets the applicable land use standards, and specifically, pursuant to Land Use Code Section 26.310.090(A) the rezoning proposal is compatible with surrounding zone districts and land uses, when considering existing land uses and neighborhood characteristics; and, WHEREAS, the City County further finds that pursuant to Land Use Code Section 26.310.090(D), the proposed rezoning is consistent with the community character, the public interest, and the intent of this Title. WHEREAS, the City Council further finds that the proposed rezoning is consistent with the goals and statements of the Aspen Area Community Plan (AACP) and the 2006 Civic Center Master 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 RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: Rezoning Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council hereby approves the proposed Rezoning of property located at 465 and 557 N. Mill Street from the SCI zone district to the MU zone district. Amendments to the Official Zoning Map shall be made to reflect this approval. Section 2• This resolution 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 resolution 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 2 of 4 Section 4• A duly noticed public hearing on this Ordinance was held on the 22nd day of April,2019 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 25th day of March, 2019. ATTEST: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed, and approved by a to vote on this 22nd day of April,2019. Approved as to form: James R. True, City Attorney Steven Skadron,Mayor Attest: Linda Manning, City Clerk Page 3 of 4 Ordinance 4, Series 2019 Exhibit A Legal Description 465 and 557 North Mill Street. "Parcel All PID #2737-073-000-48 & "Parcel B" PID #2737-073-000-13, legally described as: PARCEL A: A tract of land being part of a tract previously described in Book 177 at Page 620 in the Northwest Quarter South Quarter Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, described as follows: Beginning at a point being 203.00 feet North 84°19' East from monument 110-64A" set by L.S. 2568, monument 110-6A" is 1124.96 feet South 39158'22" East from the West quarter corner, Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian (1954 Brass Cap); thence North 84119' East 95.00 feet; thence South 05°41' East 66.33 feet; thence South 84119' West 95.00 feet; thence North 05141 West 66.33 feet to the Point of Beginning. EXCEPTING therefrom parcels conveyed to the City of Aspen, a municipal corporation by deed recorded December 18, 1978 in Book 360 at Page 532 and 533. City of Aspen, County of Pitkin, Colorado PARCEL B: A tract of land situated in the Northwest 1/4 of the Southwest 1/4 of Section 7, Township 10 South, Range 84 West of the 6th P.M., described as follows: Beginning at a point from whence the West 1/4 corner of said Section 7 bears N 39158'22" W 1124.96 feet, said point being the Southwesterly corner of tract of land described in Book 177 at Page 618; thence on a curve to the left having a radius of 668.00 feet a distance of 222.1 feet the chord of which bears S 25140'02" E 221.1 feet, along the Northeasterly line of a tract of land described in Book 276 at Page 604; thence S 66148'31" E 151 feet along the Northeasterly line of said tract of land described in Book 276 at Page 604 to a point on the Northwesterly line of tract of land described in Book 180 at Page 345; thence N 19105'07" E 240.00 feet along said Northwesterly line to the most Northerly corner of said tract of land in Book 180 at Page 345; thence N 10132130" W 63.00 feet to the Southeasterly corner of said tract of land described in Book 177 at Page 618; thence N 84119' W 5.00 feet; thence S 05141' E 66.33 feet along the Easterly line of a tract of land described in Book 293 at Page 873; thence S 84119' W 95.00 feet along the Southerly line of said tract of land described in Book 293 at Page 873; thence N 05141' W 66.33 feet along the Westerly line of said tract of land described in Book 293 at Page 873 to a point on the Southerly line of said tract of land described in Book 117 at Page 618; thence S 84119' W 203.00 feet along said Southerly line to the Place of Beginning. EXCEPTING therefrom that portion described in Deed to the City of Aspen recorded December 21, 1976 in Book 321 at Page 797, and also excepting therefrom that portion described in Deed to the City of Aspen recorded December 28, 1978 in Book 360 at Page 533, City of Aspen, County of Pitkin, Colorado Page 4 of 4