HomeMy WebLinkAboutordinance.council.008-09RECEPTION#: 559631, 06103/2009 at
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1 OF 9, R $46.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE N0.8
(SERIES OF 2009)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND
GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY FOR
THE CONVERSION OF THE SILVER LINING RANCH INTO A JEWISH
COMMUNITY CENTER, LOCATED ON LOT 5 OF THE STILLWATER RANCH
SUBDIVISION, COMMONLY KNOWN AS THE SILVER LINING RANCH, 1490 UTE
AVENUE, CITY OF ASPEN, COLORADO.
PARCEL ID: 2735-184-06-805
WHEREAS, The Community Development Departrnent received an application from the
Aspen Jewish Resource Center Chabad of Aspen, represented by Alan Richman of Alan
Richman Planning Services, for review for Arts, Cultural, and Civic Use in the Academic zone
district; Special Review for parking requirements in the Academic zone district; 8040 Greenline
Review; Stream Margin Review; and Conceptual/Final Specially Planned Area (SPA) Review
for the property commonly known and referred to as the "Silver Lining Ranch" which has
previously been designated a specially planned area (SPA) on the City of Aspen Official Zone
District Map; and
WHEREAS, Resolution No. 4, Series of 1997, of the Planning and Zoning Commission
of the City of Aspen, granted approval of the Lot 5, Stillwater Ranch Subdivision for Conditional
Use Review in the Academic zone district; Special Review for parking requirements in the
Academic zone district; 8040 Greenline Review; Stream Margin Review; and
WHEREAS, Ordinance No. 11, Series of 1997, of the City Council of the City of Aspen,
granted final approval of the Lot 5, Stillwater Ranch Subdivision Specially Planned Area (SPA)
final development plan, and granted a GMQS exemption for anon-profit entity qualifying as an
essential public facility; and
WHEREAS, Resolution No. 24, Series of 2006, of the Planning and Zoning Commission
approved with conditions, a Growth Management Review to determine employee generation, and
Special Review to establish off-street parking requirements; and recommended approval to City
Council of a Growth Management Review as an essential public facility for the Jewish
Community Center, proposed to be located at 435 West Main Street; and
WHEREAS, Ordinance No. 36, Series of 2006, of the City Council of the City of Aspen,
granted approval of the Growth Management Review as an essential public facility for the Jewish
Community Center, proposed to be located at 435 West Main Street; and
WHEREAS, upon initial review of the subject application and the applicable code
standards, the Community Development Department recommended approval with conditions of a
Specially Planned Area (SPA); and,
Ordinance No. 8, Series of 2009
Page 1
WHEREAS, during a duly noticed public heazing on January 20, 2009, continued to
February 17, 2009, upon further public testimony, discussion and consideration, the Planning and
Zoning Commission adopted Resolution No. 5, Series of 2009 by a five to one (5-1) vote; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable development standazds and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
WHEREAS, during a duly noticed public hearing on April 27, 2009, the Aspen City
Council approved an SPA amendment and Growth Management Review to allow for the Jewish
Community Center at the Silver Lining Ranch, as described herein, by a vote of five to zero (5-0)
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council approves a Consolidated Specially Planned Area (SPA) Amendment and Growth
Management Quota System Review for an Essential Public Facility for the Jewish Community
Center at the Silver Lining Ranch.
Section 2: Engineering Requirements
The building permit application shall include a drainage and stonnwater study for all impervious
azea on site. The developer will be required to be granted permission from the Aspen Club to
construct the retaining wall on the western side of the property. Impacts of construction outside
the site's property boundary must be agreed upon with neighboring properties and addressed in
the construction management plan.
A construction management plan must be submitted in conjunction with the building permit
application. The plan must include a planned sequence of construction that minimizes
construction impacts to the public. The plan shall describe mitigation for: parking,
staging/encroachments, truck traffic, noise, dust, and erosion sediment pollution.
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code,
Title 21, and all design and construction standards published by the Engineering Department.
Section 3: Affordable Housine and Audit
The proposal generates nine and one half (9.5) employees. 5.75 employees will be housed on
site through the provision of aone-bedroom unit and atwo-bedroom unit. This reflects the
applicant's commitment to provide housing for a minimum of 60% of the employees generated
by the project. The applicant shall submit an employee audit prior to building permit issuance
and two yeazs after issuance of C.O. The form and methodology of the audit shall be reviewed by
APCHA and be consistent for both audits. It is the applicant's responsibility to submit the audits.
Ordinance No. 8, Series of 2009
Page 2
The applicant shall provide mitigation for 60% of employees associated with the operation in
excess of 9.5 employees unless otherwise waived by City Council.
Section 4: Sanitation District Requirements
Oil and Grease interceptors are required for all new and remodeled commercial kitchens and food
processing establishments. Permanent improvements aze prohibited in sewer easements or right of
ways including hazd landscaping which will impact public ROW or easements owned by the
district. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which aze on file at the District office.
ACSD will review the approved Drainage plans to assure that cleaz water connections aze not
connected to the sanitary sewer system. On-site utility plans require approval by ACSD. ACSD
will not approve service to food processing establishments retrofitted for this use at a later date.
Driveway entrance drains must drain to drywells, elevator shafts drains must flow thru o/s
interceptor. Permanent improvements aze prohibited in sewer easements or right of ways. Al]
ACSD fees must be paid prior to the issuance of an excavation/foundation or
access/infrastructure permit.
Section 5: Approved Dimensional Standards
The dimensional requirements which shall apply to this property aze as follows:
Dimensional Standard Approved SPA Plan Dimension
Minimum Lot Size 6 acres
Minimum Lot Area Per Dwelling Unit 2 acres per unit
Minimum Lot Width 200 feet
Minimum Front Yard Setback 30 feet
Minimum Side Yazd Setback 20 feet, with an amended building
envelo e to accommodate azkin .
Minimum Rear Yard Setback 20 feet
Maximum Height 28 feet (Measured to the mid-point of the
roof on all sides of the building, except for
the east-facing elevation, which was limited
to 32.5 to the mid- oint of the roof
Minimum Distance Between Principal and
Accesso Buildin s No Requirement
Percent of Open Space Required for Building Site As shown on site plan, with the addition
of an affordable housin cabin.
Floor Area Ratio Existing as-built condition plus 700 squaze
feet for the affordable housin cabin.
Off-Street Parking 3 gazage spaces, 20 outdoor spaces
Section 6: Allowed Uses:
In addition to the permitted and conditional uses allowed in the Academic and Conservation zone
districts, this property is also allowed to be used for Arts, Cultural, and Civic Uses, and
Affordable housing for employees of the Arts, Cultural and Civic Uses.
Ordinance No. 8, Series of 2009
Page 3
Section 7: Proaosed Activities:
The proposed activities in the Jewish Community Center include: apre-school, Hebrew school,
adult education, religious services, and special events. The proposed scope of activities for this
property is as follows:
SiJMMARY OF ACTIVITIES AT THE JEWISH COMMUNITY CENTER
Activity Time Period Frequency Attendance
Pre-School Sam to Spm 5 days per week 35-40 children
Hebrew 3:30pm to Spm 2 days per week 8-10 children
School
Teen Program 6pm to Spm 1 night per 20-25 persons
month
Adult 10:30am to 11:30 am 1 day per week 5-10 persons
Education 7:30pm to Spm 1 night per 15-20 persons
week
Religious Friday azound sundown every week 10-20 persons
services Saturda gam to Noon 10-40 ersons
Special events Evenings and weekends 5-10 events per more than 50, less
yeaz than 200 per
event
Affordable Year round 3 units on-site 5.75 employees
Housing
The schedule and frequency of activities shown in this table aze based on current plans and may
vary slightly over time. Insubstantial changes to the timing or profile of the above approved uses
and activities may be authorized by the Community Development Director. Substantial changes,
such as new and significant programming or a dramatic increase in activity, may require a
substantial amendment to the SPA Plan. No limitation on the type, frequency, or style of
religious services shall be imposed by the City of Aspen.
Section 8: Parks
An approved tree permit is required before submission of the building permit set (decrease the
amount of spruce trees, increase in aspen, cottonwood, Douglas fir, and service berry bushes).
The new grading and planting will require City seed mixes and approval of the landscaping. All
new plantings will need to be irrigated and the landscape plan reviewed by Pazks Department.
Tree protection fences must be in place and inspected by the city forester or his/her designee
before any construction activities are to commence. No excavation, storage of materials, storage
of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip
line of any tree on site. Hand work only will be approved within the protection zones and for the
re-opening of the irrigation ditch.
Ordinance No. 8, Series of 2009
Page 4
Section 9: Ute Avenue Trail Improvements
The Jewish Community Center shall construct a ten (10) foot wide trail within the JCC property
connecting the primary facility to the boundary of the Aspen Club property as depicted on the
proposed site plan attached as Exhibit A. The City-shall grant the necessary encroachment
licenses to accommodate this trail connection. The Applicant shall be responsible for obtaining
any necessary trail easements from the neighboring Aspen Club property. The design
specifications for the trail connection shall be finalized with the City Pazks Department prior to
construction.
The applicant has offered to contribute a proportionate share to the completion of the Ute Avenue
Trail from the proposed construction noted above to the existing concrete trail to the west. The
proportionate share is based on 50% of the capital costs of the trail improvement not including
costs associated with land or easement acquisition or project management. The total Jewish
Community Center obligation shall not exceed $70,000 (2009 dollars).
This trail contribution shall be payable to the City of Aspen in one of two ways:
1) Prior to the issuance of a Certificate of Occupancy for the new facility. In this case the
$70,000 shall be held by the City of Aspen in a sepazate interest bearing account to be used
solely for the construction of the Ute Avenue Trail. If the funds aze not used within seven (7)
yeazs of the issuance of a Development Order, the City shall return the funds to the
Applicant, with interest.
2) At the time of trail development, within 30 days written notice from the City to proceed with
the construction of the trail. In this case the pending contribution shall be secured through a
bond, letter of credit, or other similar means of security acceptable to the City Attorney. The
$70,000 shall be adjusted annually starting in 2010 according to an Engineers News Record
construction pricing index acceptable to the City Engineer. The security shall be provided
prior to issuance of a Certificate of Occupancy for the new facility. This obligation shall be
valid for a period of seven (7) yeazs and shall terminate on the seventh anniversary of the
issuance of the Development Order.
Section 10: Transportation Demand Mana¢ement Program
The Jewish Community Center shall be subject to the Transportation Demand Management
Program as outlined in Exhibit B. The purpose of this plan is to minimize single-occupant auto
trips to or from the JCC. The Applicant and City Transportation Department staff shall jointly
develop a reliable methodology for measuring the effects of the TDM Program.
The TDM Program may be amended from time to time as needed and as agreed upon by the JCC
and the City Transportation Department as an Insubstantial SPA Amendment.
Section 11:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, whether in public heazing or documentation presented before
the Planning and Zoning Commission or 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.
Ordinance No. 8, Series of 2009
Page 5
Section 12•
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 13:
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.
Section 14:
A public hearing on this ordinance shall be held on the 27th day of April, 2009, at a meeting of the
City Council commencing 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 shall be 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 23rd day of March, 2009.
Attes
Kathryn S. ch, City Clerk
s-u -09
Michael C. Ireland, ayor
FINALLY, adopted, passed and approved this 11`" day of May, 2009.
Attest:
Kathryn S. ch, City Clerk
Approved as to form:
orces er, City Attorney
Michael C. Ireland, Mayor
Attached:
Exhibit A -Site Plan -10' wide Ute Avenue path, revised driveway and parking, and AH cabin
Exhibit B -Transportation Demand Management Program for the JCC.
Ordinance No. 8, Series of 2009
Page 6
Exhibit A, Ordinance No. 8, Series 2009.
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Ordinance No. 8, Series of 2009
Page 7
Exhibit B, Ordinance No. 8, Series of 2009
PROPOSED JCC TRAFFIC DEMAND MANAGEMENT (TDM) PROGRAM
1. The Jewish Community Center (JCC) will operate a free shuttle service for the pre-
school. Up to 3 vehicles will circulate, each of which can carry up to 15 children.
The shuttles will pick up children prior to pre-school and drop off children after pre-
school at Koch Park (or another suitable off-site location to be determined in
conjunction with the City's Transportation Department). The JCC establishes as its
goal that all of the children attending the pre-school will utilize the JCC shuttle, the
cross town shuttle, or personal non-vehicular transportation (a bicycle, walking,
etc.). Parents will be charged a daily fee for dropping off or picking up children at
the site with their car, unless there is some type of emergency (such as a sick
child), in which case the fee would not be applied.
2. The JCC, or any individual who is conducting a special event (that is, any event
that will have an attendance of 50 persons or more), will operate a free shuttle
service for attendees at the event. The shuttle service will begin prior to the event
and operate during and after the event. The shuttles will pick up and drop off
attendees at designated locations around Aspen, including but not limited to, the
Rio Grande parking garage and specified hotels. The organizer of the event (the
JCC or an individual) will be responsible for stating on all materials advertising the
event (including the JCC web site) and all invitations to the event that there is NO
parking on site for the event and that all attendees must arrive at the site via a JCC
shuttle, the cross town shuttle, or via personal non-vehicular transportation. The
only parking that will be allowed on-site will be for the event hosts, catering staff,
and other persons being employed to serve the special event.
3. The JCC will submit a schedule of that year's planned special events to the
Community Development Department at the beginning of each year. Seven to
fourteen days prior to each event the applicant will contact the City Transportation,
Parking and Police departments to remind staff that there is an upcoming event
and that the JCC may be requesting parking enforcement if attendees violate the
no parking signs.
4. The JCC shall assign a staff person to each special event to ensure that the only
people who gain access to the site are the event hosts, catering staff, and other
persons being employed to serve the special event. The staff person shall also be
responsible for keeping a count of any attendees who attempt to access the site
for parking. If the staff person sees any attendees parking along Ute Avenue he or
she will immediately contact the City to request police enforcement via ticketing of
illegally parked vehicles.
5. The JCC will conduct internal audits of traffic to the site. The internal audits shall
occur at least once every quarter of the year during the first two years of the
operation. This audit shall be performed by a JCC staff person or other person
Ordinance No. 8, Series of 2009
Page 8
employed by the JCC who will count traffic coming to and going from the site on a
typical day (that is, not a day when a special event is occurring). The audit shall
last for at least 3 days, and shall include 2 weekdays and a Saturday. The audit
shall identify the number of daily trips generated by the pre-school and the number
of trips generated by other uses of the site.
6. Twice a year the JCC will conduct an independent audit of the traffic to the site -
once on March and once in July. The first such bi-annual audit shall occur within
one year after the initial occupancy of the building by the JCC. The bi-annual audit
shall consist of a week long traffic count performed by an independent contractor
deemed acceptable by the City's Community Development Department. The
independent contractor shall prepare a report summarizing the quarterly traffic
counts obtained from the internal audits, the traffic counts conducted for the bi-
annual audit, and any reports prepared to summarize traffic from special events.
The contractor shall determine whether the pre-school and special events have
been able to achieve close to 100% usage of shuttles by attendees. The report
shall also summarize the actual number of trips generated to and from the site to
determine whether traffic has complied with the limits of 125 trips per day during
the week and 140 trips per day on Friday stated in the traffic study. If the first
three years of audits demonstrate compliance with the commitments made in this
TDM program and the stated traffic limits, the applicant may petition to the
Community Development Department that the bi-annual audit requirement be
waived.
7. If the JCC does not achieve the goals stated above for use of shuttles for pre-
school and special events or if it exceeds the 125/140 trip per day limits, then a
hearing would be held before the P&Z to review the additional traffic demand
management measures the applicant would be required to implement.
8. JCC employees will be discouraged from parking on-site, except for the caretaker,
who needs to have a vehicle for his job. Employees will be encouraged to join the
ride sharing program that is being planned for the Aspen Club and to use the cross
town shuttle. The JCC will purchase several bicycles and keep them on-site for
use by employees.
9. The JCC will promote the use of the cross town shuttle or non-vehicular modes of
travel (walking, bicycles, etc.) for all other day-to-day uses of the site, such as for
attendees of religious classes, adult education, etc.
Ordinance No. 8, Series of 2009
Page 9