HomeMy WebLinkAboutordinance.council.055-92
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ORDINANCE 55
SERIES 1992
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SPECIALLY PLANNED
AREA (SPA) USE VARIATION IN A NEIGHBORHOOD COMMERCIAL (NC) ZONE
DISTRICT FOR A RADIO BROADCAST STATION LOCATED AT 225 NORTH MILL
STREET, LOTS D,E,F,G,H, & I, BLOCK 78, TOWNSITE OF ASPEN, COLORADO
WHEREAS, section 24-7-804 D.2. of the Aspen Municipal Code
provides that variations to uses allowed in underlying zone
districts shall be processed according to the Final Specially
Planned Area (SPA) Development Plan review criteria; and
WHEREAS, "Broadcast station" is not listed as a permitted use
in the Neighborhood Commercial (NC) zone district; and
WHEREAS, Charles Moss submitted an application for an SPA
variation to the permitted uses in the underlying Neighborhood
Commercial (NC) zone at 225 N. Mill Street, which is overlaid by
an SPA designation, to allow a radio broadcast station to occupy
a portion of the structure; and
WHEREAS, the Planning Office and the Engineering Department
reviewed the request and recommended approval of the Use variation;
and
WHEREAS, the Planning and Zoning commission heard the request
at a regular meeting on August 4, 1992 and by a 5-0 vote forwarded
a recommendation for approval to the city council; and
WHEREAS, the Aspen city council having considered the Planning
Office's recommendations and the review standards as set forth in
section 24-7-804(B) of the Municipal Code does wish to grant the
requested SPA Use variation for 225 North Mill street, finding that
the use serves the "neighborhood" of Aspen and the office character
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of the station is in harmony with the rest of the site and
surroundings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
That is does hereby grant an SPA Use variation to the
permitted uses in the Neighborhood commercial zone district for a
radio broadcast station located at 225 N. Mill Street, subject to
the conditions as set forth below.
section 2:
The conditions of approval for the SPA Use Variation are:
1) The variation to use shall be specified in the SPA Agreement
and indicated on the Final Development Plan.
2 )
Various conditions of previous approvals (GMQS Exemption,
Conditional
Insubstantial
Use,
Amendment,
SPA
and
Condominiumization) must be met.
3) The applicant must receive permits from the Streets Department
for any work done within public rights-of-way.
4) All material representations made by the applicant in the
application and during pUblic meetings with the Planning and
Zoning commission and city council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
5) Upon approval of a final development plan, the applicant and
city council shall enter into an SPA Agreement binding the
real property to any conditions placed on the development
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order approving the final development plan.
6)
within 180 days of approval by city Council, the final
development plan and SPA Agreement must be recorded with the
Pitkin County Clerk and Recorder.
Failure to do so will
render any approvals invalid.
Section 3:
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
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4:
This Ordinance shall not effect 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 5:
A public hearing on the Ordinance shall be held on the ~
day of Jd{~1992 at 5:00 P.M. in the city Council Chambers,
1/
Aspen city Hall, Aspen Colorado, fifteen (15) 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
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the city Council of the City of Aspen on the ~]I
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John enne!!: Mayor
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, 1992.
city Clerk
~FINALLY, adopted,
~t/ 1992.
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passed and approv
John
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