HomeMy WebLinkAboutordinance.council.028-07ORDINANCE N0. 28
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL DENYING A
SUBDIVISION AND CONDOMINIUMIZATION FOR 508 E. COOPER AVENUE,
PORTIONS OF LOTS L, M, N, BLOCK 95, CITY AND TOWNSITE OF ASPEN,
CO, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-24-007
WHEREAS, the Community Development Department received an application
from Cooper Street Co-Tenancy, represented by Haas Land Planning, LLC, requesting
approval of three (3) Growth Management Reviews, Subdivision Review, and Special
Review to construct amixed-use building consisting of 3,827 square feet of net leasable
commercial space, and one free-market residential unit; and,
WHEREAS, during a duly noticed public hearing on July 12, 2007, the Historic
Preservation Commission approved Resolution No. 17, Series 2007, by a five to zero (5-
0), approving Commercial Design Review for the property at 508 E. Cooper Ave,
Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO; and,
WHEREAS, the subject property is zoned CC (Commercial Core); and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval with conditions, of the
proposed subdivision and associated land use requests; and,
WHEREAS, during a duly noticed public hearing on May 1, 2007, the Planning and
Zoning Commission approved Resolution No. 6, Series of 2007, by a three to one (3-1)
vote, approving three (3) Growth Management Reviews for the development of a mixed-
use building that includes commercial space, and free market housing, approving a
Special Review to vary the dimensional requirements of the trash utility/recycle area, and
recommending that City Council approve with conditions the proposed subdivision and
condominiumization to construct amixed-use building consisting of one (1) free-market
residential unit and 3,827 square feet of net leasable commercial space located on the
property at 508 E. Cooper Ave, Portions of Lots L, M, N, Block 95, City and Townsite of
Aspen, CO; and,
WHEREAS, on June 25`h, 2007 the Aspen City Council approved Ordinance No.
28, Series 2007, on First Reading by a four to zero (4-0) vote, approving with conditions the
Subdivision and condominiumization of 508 E. Cooper Avenue, Portions of hots L, M, N,
Block 95, City and Townsite of Aspen, CO; and,
WHEREAS, during a duly noticed public hearing on November 13, 2007,
continued from August 13, 2007, August 27, 2007, September 1Q 2007, October 9, 2007,
and November 12, 2007 the Aspen City Council approved Ordinance No. 28, Series 2007,
by a three to one (3-1) vote, denying the Subdivision and condominiumization of 508 E.
Cooper Avenue, Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO;
and,
508 E. Cooper Ave Subdivision
RECEPTION#: 544754, 1 2/1 012 0 0 7 at Settings\kathrynk\Local Settings\Temporary Internet
11:41:51 AM, )LK7C\CooperStPier Ordinancel l 12 07FINAL.doc
1 OF 3, R $16.00 Doc Code ORDINANCE Page 1 of 3
Janice K. Vos Caudill, Pitkin County, CO
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed subdivision does not meet all
applicable development standards and that approval of the proposed subdivision, with
conditions, would not be 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby denies the requested Subdivision and
Condominiumization to construct amixed-use building consisting of one (1) free-market
residential unit, and 3,827 square feet of commercial space for the property at 508 E.
Cooper Ave, Portions of Lots L, M, N, Block 95, City and Townsite of Aspen, CO.
Section 2:
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 3:
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25 day of June, 2007.
i -ae C. I e andC Mayor
ATTEST:
r
~~''(/' ~ ^ Cti
athryn S. Koc ,City Clerk
508 E. Cooper Ave Subdivision
C:\Documents and SettingsUcathrynk\Local Settings\Temporary Internet
Files\OLK7C\CooperStPier_Ordinancel l 12 07FINAL.doc
Page 2 of 3
FINALLY, adopted, passed and approved this 13th day of November, 2007.
Michae C. Ireland Mayor
ATTEST:
athryn S. Koc~; ity Clerk
APPROVED AS TO FORM:
l/
JohJ P. W rcester, City Attorney
G:\cityUessica\Cases\Cooper Street Pier\Council\CooperStPier_Ordinance11.12.07FINAL'doc
508 E. Cooper Ave Subdivision
C:\Documents and Settings\kathrynk\Local Settings\Temporary Internet
Files\OLK7C\CooperStPier Ordinancel l 12 07FINAL.doc
Page 3 of 3