HomeMy WebLinkAboutordinance.council.036-04ORDINANCE NO. 36
(SERIES OF 2004)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL ALLOCATING
ELEVEN (11) TOURIST ACCOMODATIONS GROWTH MANAGEMENT
ALLOTMENTS FOR A TIMESHARE LODGE TO BE LOCATED AT 219 EAST
DURANT AVENUE ON LOTS 6-9, BLOCK 3, OF THE EAMES ADDITION TO
THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY~ COLORADO.
Parcel No. 27375-131-06-002
WHEREAS, the Community Development Department received a land use
application from LCH, LLC, represented by Stan Clauson Associates, LLC, for Growth
Management Tourist Accommodations Scoring and Allotment Allocations to construct an
eleven (11) unit timeshare lodge on Lots 6-9, Block 3, of the Eames Addition to the City
and Townsite of Aspen; and,
WHEREAS, pursuant to Sections 26.304, 26.470, of the Land Use Code, land
use applications requesting tourist accommodations growth management development
allotments may be approved, approved with conditions, or denied by the City Council at a
duly noticed public hearing after considering recommendations by the Community
Development Director and the Planning and Zoning Commission; and,
WHEREAS, during a duly noticed public hearing on October 19th, the City of
Aspen Planning and Zoning Commission considered the recommendation of the
Community Development Director, the Aspen/Pitkin County Housing Board, and
testimony offered by the general public, considered the project for initial and final
scoring, and granted a passing score to allocate tourist accommodation allotments for the
proposal; and,
WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
Planning and Zoning Commission, and has taken and considered public comment at a
public heating; and,
WHEREAS, the City Council finds that the application meets or exceeds all
applicable standards of the land use code of the City of Aspen Municipal Code and that the
approval of the proposal 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 as follows:
Ordinance No. 36,
Series of 2004. Page 1
Section 1: Growth Management Approval
That eleven (11) tourist accommodations growth management allotments are hereby
approved and allocated to construct an eleven (11) unit timeshare lodge at 219 E. Durant
Avenue on the land described as Lots 6-9, Block 3, of the Eames Addition to the City and
Townsite of Aspen, subject to the following conditions:
Allocation of the requested tourist accommodation allotments shall be contingent
upon receiving Final PUD approval. If final PUD approval is not granted, the
growth management allotments allocated herein will returned to the available
tourist accommodations allotment pool.
An amendment to the GMQS scoring and allocation granted herein shall only be
required to be reviewed and re-scored by the City Council if said amendment is
found by the Community Development Director to increase the dimensional
requirements, increase the growth impacts associated with the development,
increase the number of allotments required for this proposal, or reduce the ratio of
proposed employee housing mitigation as compared to the calculated employee
housing mitigation required by using the calculation methodology included in
Staff's Memorandum to the Planning and Zoning Commission dated October 19,
2004. If such an amendment is made to the plan as a result of going through the
PUD review process, City Council shall review the re-scoring in conjunction with
the final PUD review for this project.
Section 2:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the City of
Aspen Planning and Zoning Commission, or the Aspen 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 other specific conditions.
Section 3:
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:
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.
Ordinance No. 36,
Series of 2004. Page 2
Section 5.'.
That 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 6:
A public hearing on the Ordinance was held on the 22nd day of November, 2004, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same was 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 8th day of November, 2004.
Attest:
Kathryn S. K~, ~-ity ~2ierk'--a'--~
FINALLY, adopted, passed and approved this 22nd day of November, 2004.
Attest:
Kathryn S. ~'h, City Clerk
Approved as to form:
Ordinance No. 36,
Series of 2004. Page 3