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HomeMy WebLinkAboutordinance.council.011-14 RECEPTION#: 611207, 06/18/2014 at 01:13:05 PM, I OF 3, R $21.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 11 (SERIES OF 2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE ASPEN MOUNTAIN SUBDIVISION FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE PROPERTY LOCATED AT 315 E. DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT, ASPEN RESIDENCE CLUB AND HOTEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL ID: 2737-182-85-033. WHEREAS, the Community Development Department received an application from the St. Regis Hotel, represented by Alan Richman Planning Services, requesting approval of an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, the property is currently zoned (L) Lodge; and, WHEREAS, pursuant to Section 26.445.110.D, Minor Amendment to a Project Review approval, an amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2; and, WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval of this application with condition; and, WHEREAS, 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on June 9, 2014, the City Council approved Ordinance No. 11, Series of 2014, by a five to zero (5 — 0) vote, approving an amendment to the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement; and, WHEREAS, City Council finds that the proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Ordinance No. 11, Series of 2014 Pagel of3 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby amends Section H.17 of the Aspen Mountain Subdivision First Amended and Restated Planned Unit Development/Subdivision Agreement to state: 17. The uses permitted in the commercial spaces in the hotel shall be retail and restaurant uses and those permitted in the underlying zoning. Section 2: Severability 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 3: Existing Litigation 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: Approvals 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 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 an authorized entity. Section 5: Public Hearing A public hearing on this Ordinance shall be held on the 9t' day of June, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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 28h day of April, 2014. Att t: Linda Manning,City Cle c SlenSka9dron,Mayor Ordinance No. 11, Series of 2014 Page 2 of 3 FINALLY,adopted,passed and approved this day of 2014. Att t: i Li da Manning,City Clerk Steven Skad on,7Via r Approved as to form: ames R. True,City Attorney Ordinance No. 11, Series of 2014 Page 3 of 3 0 J4 ),0 Ad Name: 10150408A LEGAL NOTICE 1 ORDINANCE 11,2014 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#11,Series of 2014 was adopted on first reading at the City Council meeting April 28,2014. Your account number: 1013028 This ordinance,if adopted,will approve a PUD / Amendment for 315 E.Dean(St.Regis). The public hearing on this ordinance is scheduled for • June 9,2014 at 5:00 p.m.City Hall,130 South PROOF OF PUBLICATION Tolsee the entire text,go to the city's legal notice website htip://www aspeenpitkirl.com/Departments/Clerk/Le- :?:X IM:: gal-Notices/ IF you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2687 Published in Aspen Times Weekly on May 8,2014 (10150408) STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under �lorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/8/2014 and that the last publication of said notice was in the issue of said newspaper dated 5/8/2014. In witness whereof,I have here unto set my hand this 05/09/2014. Jim Morgan,Genera Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/09/2014. . Pamela J. Schultz,Notary Public Commission expires:November 1,2015 4PFtY PU PAMELA J. SCHULTZ