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ordinance.council.033-19 RECEPTION#: 662166, R: $28.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 4, 01/23/2020 at 10:18:59 AM Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 33 (SERIES OF 2019) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MAJOR AMENDMENT TO A PLANNED DEVELOPMENT & 8040 GREENLINE REVIEW FOR LOTS 999, 1001, 1011 UTE AVENUE, PLUS COMMON AREA PARCELS A, B & C, LEGALLY DESCRIBED AS LOTS 1, 2,3, A,B, AND C; 1001 UTE SUBDIVISION/PUD; ACCORDING TO THE PLAT THEREOF FILED MAY 9, 2007, IN PLAT BOOK 83 AT PAGE 95 COUNTY OF PITKIN, STATE OF COLORADO WHEREAS, the Community Development Department received an application from Leathem Stearn, Manager; Ute Mesa Lot 1 LLC., Ute Mesa Lot 2 LLC., 999 Ute Avenue LLC., PO Box 3211, Westport CT, 06880 for a Major Amendment to a Planned Development and 8040 Greenline Review for certain development activities that have occurred on the properties. WHEREAS, the Community Development Department Staff deemed the application complete on August 5th, 2019 and reviewed the application for compliance with the applicable review standards; and, WHEREAS, upon review of the application and the Land Use Code, the Community Development Director finds that certain improvements received permits while other improvements were required to attain permits or be removed; and, WHEREAS,during a public hearing on October 1,2019,the City of Aspen Planning and Zoning Commission, pursuant to Planning and Zoning Commission Resolution No. 11, Series 2019, by a six to zero (6-0) vote,made a recommendation to the City Council; and, WHEREAS, the Aspen City Council considered the request at 1St Reading on November 12, 2019 and at 2nd Reading(a duly noticed public hearing)on December 10,2019,December 17th,2019, and December 18th,2019; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, has reviewed and considered the recommendation of the Planning & Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen City Council finds that the proposal for a Major Amendment to a Planned Development and 8040 Greenline Review meets the applicable land use standards,and voted three to zero (3 to 0) on December 181h, 2019 to approve the request; and, WHEREAS, the Aspen City Council finds that the Applicant has removed unpermitted development activity in the form of air conditioning units installed on Common Area Lot A and that compliance with previous approvals has been achieved; and, Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 1 of 4 WHEREAS, the Aspen City Council finds that the Applicant has represented that work has commenced to install an American with Disability Act(ADA)compliant access to the existing tennis courts on Common Area Lot B consistent with previous land use approvals for the properties; 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 ASPEN CITY COUNCIL: Section 1 Aspen City Council approves the request for a Major Amendment to a Planned Development and 8040 Greenline Review to memorialize the following improvements on the subject properties: A. Common Area Lot A 1) Existing stairwells that provide pedestrian access to the residences on Lot 1 and Lot 2 may remain within Common Area Lot A & Common area Lot C in their existing configuration and location. B. Common Area Lot B 1) Existing retaining walls and all grading near or adjacent to Ute Avenue may remain in their existing configuration and location which includes existing height(s) and materials. C. Lot 3 1) Existing retaining walls and all grading near or adjacent to Ute Avenue may remain in its existing configuration and location which includes established height(s) and materials. 2) The existing window well that provides ingress/egress for the affordable housing residence may remain within Common Area Lot C in its existing configuration and location. D. Lot 1 and Lot 2 1) The existing first floor elevation of the single-family dwellings on Lot 1 & Lot 2 and associated grading are memorialized at an elevation of 8,012 feet. Section 2• Within 30 days of this approval, the Applicant shall submit for review, approval, and recordation an amended Ute Subdivision site plan illustrating all existing improvements including those improvements memorialized by this Ordinance. Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 2 of 4 Section 3• In the spring of 2020,weather permitting,the Applicant shall remove the concrete foundation pads associated with the air conditioning units on Common Lot A. Future placement of any air conditioning units on the subject properties shall be reviewed administratively by Community Development Staff. Section 4• Prior to the issuance of a final Certificate of Occupancy for Lot 1, the Applicant shall verify using a certified engineer and/or avalanche professional, that the retainage walls within the "Landscape and Avalanche Mitigation Wall Envelope" are required avalanche mitigation devices. Should these walls or other improvements not be associated with avalanche mitigation,further City review is required to determine compliance with Land Use Code requirements. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 an authorized entity. Section 6• 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 7• 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. 33, Series 2019 1001 Ute Ave PUD Page 3 of 4 INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of November 2019. ATTEST: Nicole Henning,City Clerk Ward Hauenstein,Mayor Pro Tem FINALLY, adopted,passed, and approved by a three to zero (3 - 0)vote on this 18th day of December 2019. Approved as to form: Approved as to content: Ja6es R. True, City Attorney Ward Hauenstein,Mayor Pro Tem Attest: qr Nicole Henning,City Clerk Ordinance No. 33, Series 2019 1001 Ute Ave PUD Page 4 of 4