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HomeMy WebLinkAboutordinance.council.003-20221111111111111111111111111111111111111111111111111111111110111111111111IN RECEPTION#: 687522, R: $28.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 4,0511212022 at 11:00:10 AM Ingrid K. Grueter, Pitkin County, CO ORDINANCE NO.03 SERIES OF 2022 AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL ESTABLISHING THE INITIAL ZONING TO AN ANNEXED PROPERTY TO THE SERVICE COMMERCIAL INDUSTRIAL ZONE DISTRICT AND APPROVING A FINAL PLANNED DEVELOPMENT PLAN FOR THE PROPERTY COMMONLY KNOWN AS THE ASPEN MINI -STORAGE PROPERTY, 105 WOODWARD LANE, ASPEN, COLORADO, 81611 AND LEGALLY DESCRIBED AS: LOT 3, COMMUNICATIONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 3, 1988, IN PLAT BOOK 21 AT PAGE 34. PARCEL ID: 2735-031-02-003 WHEREAS, the Community Development Department received an application from the City of Aspen, represented by City Manager Sara Ott, requesting approval of an Amendment to the Zone District Map and a final Planned Development (PD), for the property atl05 Woodward Lane, commonly known as the Aspen Mini -Storage property, and legally described as Lot 3, Communications Subdivision, According to the Plat thereof recorded October 3, 1988, in Plat Book 21 At Page 34, Pitkin County, Colorado; and, WHEREAS, the property is located at 105 Woodward Lane adjacent to the Aspen Airport Business Center, and is zoned B2 (General Business) in Pitkin County; and, WHEREAS, the Applicant requested and received annexation into the City of Aspen and the City has a requirement to designate zoning for the property; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department found that the application meets or exceeds applicable standards of review and recommended the property be zoned into the Service Commercial Industrial Zone District with a Planned Development overlay (SCI-PD); and, WHEREAS, the Planning and Zoning Commission reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on March 1, 2022, the Planning and Zoning Commission approved Resolution #07, Series of 2022, by a five to zero (5-0) vote, recommending approval of an Amendment to the Zone District Map, initially zoning the property as Service Commercial Industrial with Planned Development overlay (SCI-PD), and recommending the Aspen City Council approve a Final PD plan reflecting existing dimensions; and, Page 1 of 4 Ordinance 03, Series of 2022 Aspen Mini -Storage Zoning WHEREAS, The Aspen City Council reviewed and considered the proposal under the applicable provisions of the Municipal Code, has reviewed and considered the recommendations of the Community Development Director and the Planning and Zoning Commission, and has taken and considered public comment; and, WHEREAS, during a duly noticed public hearing on April 12, 2022, the Aspen City Council approved an Amendment to the Zone District Map, initially zoning the property as Service Commercial Industrial with Planned Unit development overlay (SCI-PD), and approved a Final PD plan reflecting existing dimensions; and, WHEREAS, the City Council finds that the proposal meets or exceeds all applicable standards and that assigning the subject property to the SCI-PD Zone District 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 the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Initial Zoning to SCI-PD Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and Official Zone District Map, The Official Zone District Map of the City of Aspen shall be amended by the Community Development Director to reflect Lot 3, Communications Subdivision, also known as the Aspen Mini -Storage, of as included in the Service Commercial Industrial Zone District with a Planned Development overlay (SCI-PD). The Community Development Director shall use the survey descriptions contained in the PD Site Plan of October 22, 2021, attached as Exhibit A, as the basis for determining the zoning boundaries. Section 2: Approved PD Dimensions and Uses The dimensional allowances and limitations for Lot 3, Communications Subdivision, also known as the Aspen Mini -Storage, shall be the existing conditions as outlined in the PD Site Plan of October 22, 2021, attached as Exhibit A. The use of the property as a mini -storage facility that contains a caretaker dwelling unit is approved by this PD. Section 3: City Clerk 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 4: Material Representations 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 arc hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Page 2 of 4 Ordinance 03, Series of 2022 Aspen Mini -Storage Zoning Section 5. 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 6: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 22nd day of March 2022. ATTEST: Nicole Henning, CityArk" erlc 7WK, Torre, Mayor FINALLY, adopted, passed, and approved by a five to zero (5-0) vote on this 12t' day of April 2022. Approved as to form: Approved as to content: Jd'mes R. True, City Attorney Torre, Mayor Attest: 1b: " Nicole Henning, City Clerk Page 3 of 4 Ordinance 03, Series of 2022 Aspen Mini -Storage Zoning '� i MR ZI z tit I o'