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Home My WebLink Aboutordinance.council.041-89 .....lA ,!''"'Its BLlOK tJ L PAGe D '- c " ... :: ,) - f".. ~......~ (.;j, :_.l CJ .. Pl AN ORDINANCE OF THE ASPEN CITY COUNCIL REZdN!:NG;.>;I THE' GANT CONDOMINIUMS TO R-15 (L) PUD AND AMENDING SECTION 9-105 OF THE ASPEN LAND USE REGULATIONS TO PERMIT MINOR EXPANSIONS TO NONCONFORMING HOTELS AND LODGES ORDINANCE NO. Ifl (Series of 1989) ~"" .,- - ~-:: .~.~ C) (.:-) <J~) -. .. '. U' WHEREAS, The Gant Condominiums (hereinafter, "The Applicant") is an existing multi-family/hotel development located in the R-15 PUD zone district; and WHEREAS, The Applicant submitted to the city of Aspen a land use application requesting rezoning of its property and amendment of the Aspen Land Use Regulations in order to make the project conforming; and WHEREAS, the Aspen Planning and Zoning Commission (hereinafter, "The Commission) held a duly noticed public hearing on June 20, 1989, to consider the applicant's request; and WHEREAS, The Commission recommends to the Aspen city Council (hereinafter, "The Council") that The Applicant's property be rezoned to R-15 (L) PUD and that Section 9-105 of the Aspen Land Use Regulations be amended to permit minor expansions of nonconforming hotels and lodges; and WHEREAS, The Council, having received the recommendations of The Commission, wishes to rezone the Applicant's property to R-15 (L) PUD and to amend the Aspen Land Use Regulations to permit minor expansions of nonconforming hotels and lodges. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. BOOK 61l P4GE619 section 1 That it does hereby rezone the property known as The Gant Condominiums, more particularly described in Exhibit A, attached hereto and incorporated by reference, to R-15 (L) PUD. section 2 That the Zone District Map be and hereby is amended to reflect the zoning described in Section 1 and that the Planning Director is hereby authorized and directed to amend said map to reflect the new zoning. Section 3 That the City Clerk be and hereby 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 That Article 9, Section 9-105 B, Lodqe and Hotel Preservation, of Chapter 24 of the Municipal Code of the City of Aspen, Colorado is hereby amended to read as follows: "Section 9-105 B, Lodqe and Hotel Preservation. B. Increase in units or size. There shall be no increase in the number of units in the lodge or hotel, e~-~fte -ee-e.a-l:--l!!Iep:iet~e--f~'6~e-'4:f}--t~-i~-or-~l-; unless the enlargement is for the purpose of constructing deed restricted employee housing units accessory to the principal use, consistent with the requirements of Section 9-105 C. BuOK 611 PAGE620 Enlargement of the square footage of a lodge or hotel shall also be permitted if the expansion shall be for the purpose of improving the facility's non-unit space. The enlargement for the purpose of improving the facility's non-unit space shall be reviewed and considered as a Development Application for Special Review, pursuant to Art. 7, Div 4. In determining whether to approve, approve with conditions, or disapprove the application, the Commission shall ensure all the following standards and requirements are met. 1. The lodge or hotel shall not be expanded by more than ten percent (lOt) of its existing floor area or two thousand-five hundred (2,500) square feet, whichever is less. Enlargement which occurs in phases shall not exceed these limits, measured on a maximum cumulative basis. 2. The external floor area of the lodge or hotel shall be equal to or less than 1:1 following the enlargement. 3. The expansion may be in rental rooms, provided an equal amount of existing square footage is converted from rental rooms to non-unit space." BOOK 611 P4GE621 Section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. section 6 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. section 7 A public hearing day of ~"f Chambers, Aspen City on the Ordinance shall be held on the /~ , 1989 at 5:00 P.M. in the City Council Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, IR,~' by the City Council of the City of Aspen on the ~ ~71 , 1989. day of \,.. 11I,tlllIll,:_ "", e.F ~..,." ,\ '.". \\' v\A~ES . <": ". .:' .' ", ~ ' . - I . " ~\'. BuOK 611 PAGt 622 /-i~ day of ~ t f.A """'"'' ~ ATTESf': ~#~ ~ " ~ FINALLY, adopted, passed and approved this ~, 1989. ~. ~/~.~ /-//~. ~. . William L. Stirling, Mayor t.;SE~ /~ ......... Kath~_ Koch, Ci ty Clerk , ". '....... """. r~~rd;: