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HomeMy WebLinkAboutordinance.council.015-90 \:e e (e 1 ,~I-'8C $~n. 00 m ~3286qq 1~/jl/90 4,.~ ~ -~ Doc S l 1 V] a Davl s, F'1 U 1 ~__C;n ~'>' ~L",I~_.,--__- 635 PG 806 $,,00 ORDINANCE NO. 15 (SERIES OF 1990) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A MAP AMENDMENT AND VESTED RIGHTS FOR THE LIBRARY PARCEL, 120 EAST MAIN FOR LOTS N, 0, AND PART OF M, BLOCK 66 WHEREAS, pursuant to Sectlon 7-1103 of the Aspen Land Use Code, a development app1icatlon for an amendment to the Official Zone District Map may only be submitted on or prior to February 15 or August 15; and WHEREAS, the appllcant requested the Commission to waive the rezoning deadline; and WHEREAS, the appllcants requested a map amendment to rezone the library parcel from public to office; and WHEREAS, the applicants also requested a GMQS Exemption for a change in use to convert the building from a public use to an offlce use; and WHEREAS, a duly noticed Public Hearing was held by the Aspen Plannlng and Zoning Commission (hereinafter "Commlssion") on February 6, 1990 to conslder the application for a change in use and map amendment, at whiCh tlme the Commission reviewed the application; and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the change in use, sponsored the rezonlng application and recommends the map amendment; and WHEREAS, the Commission recommends to city Council the map amendment wlth the following conditlon: 1. Prlor to the issuance of building permit a or a ia .., a ~;. 'i. Jt"328699 1~/ 11/90 14,35 ReI: 'I>~O. 0(, BI" 635 F'G 8()7 Sllvld n"V1S, F'ltlln Cni:y CIerI, Doc $.0(' certificate of Occupancy (whichever is required) the purchaser shall ultimately be required to provide park1ng in accordance with the Code provision or may be provided through cash-in-lieu and employee housing acceptable to the Housing Authority using the formula indexed to the current Housing guidelines and the change in use provis1on in the Aspen Land Use Code. It should be noted that the L1brary has received credit for the1r exist1ng employees as part of the R10 Grande SPA approval. Th1S means that the user of the Library build1ng must mitigate all of the employees associated w1th the new use. The Housing Authority Guidel1nes establish a generat10n rate of 3 employeesj1000 square feet in the Office Zone. ~lHEREAS, the Aspen C1ty Counc1l having considered the commission I S recommendation for a map amendment does wish to grant a map amendment approval with the above ment10ned condit1on. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby grant a map amendment for the existing library parcel 120 East Ma1n Lots N, 0, and part of M, Block 66. section 2: That 1t does hereby grant a map amendment with the previously mentioned conditions recommended by the Aspen Plann1ng and Zon1ng Commiss1on, for 120 East Main. section 3: That is does hereby gran1: Vested R1ghts for this map amendment for a period of three (3) years from the effective date hereof 1n accordance with the terms and prov1sions of Sect10n 6- 207 of the Aspen Land Use Code. 2 .. ., i_ '. .'~8699 1~/11/90 14'35 Rae $~0.no BI 5J I"la Dav1s, F'li:l,n Cl1ty CIeri, Doc 635 FG 808 $.,,00 section 4: That the City Clerk be and hereby 1S directed, upon the adoption of this ordinance, to record a copy of th1S ordinance in the off1ce of the P1tkin County Clerk and Recorder. section 5: If any section, subsection, sentence, clause, phrase or portion of th1S ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such prov1sion and such hOlding shall not affect the validity of the rema1ning port1ons thereof. section 6: Nothing 1n this ord1nance shall be construed to affect any right, duty or llability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be cont1nued and concluded under such prior ord1nances. section 7: A ~ic ~earing on the Ordinance shall be held on the 71 day Of~, 1990 at 5:00 P.M. in the C1ty Counc1l Chambers, Aspen C1ty Hall, Aspen Colorado, f1fteen (15) days prior to which hear1ng a public notice of the same shall be publ1shed one in a newspaper of general c1rculation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as prov1ded /~0 by law, by the C1ty Council of the city of Aspen on the /iJM /1' "'-A lI/U~,-- , 1990. day of ~,y~ Will1am L. Stirling, Mayor 3 "e " "\ iI)' " " '. 1t3~8699 1:2/11/90 14'35 Rec $:20.00 Bf 635 I~'G 809 Sl]Vl<O Davls, P,U,n Cnty CJerl, Doc $"on .., ~T';}J1:ST; c ~ '"~ U)/ ..L/ K~thry~'~KOCh, City Clerk '" . r.. \ ; , '.. .,.' ;J.. f,\ '" ,..,,~ I ,FINALLY, adopted, passed L?f~, 1990. ~T-is'r.: ' j .. , ;:'~xI~ :e-1j(,~.'nJL ~OCh, city Clerk , ~ ::: 'l,ljcc .libra,ry !',1r \11.:a, ,'" ,,' " and approved this ~ w,3rA' day of <:: william L. Stirl1ng, 4