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HomeMy WebLinkAboutordinance.council.018-09ORDINANCE N0. 18, (SERIES OF 2009) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW AND A SPECIALLY PLANNED AREA AMENDMENT FOR THE REMODEL AND ADDITION OF A CARPORT TO THE CITY OF ASPEN WATER TREATMENT PLANT, LEGALLY DESCRIBED AS LOT 25, WATER PLANT AFFORDABLE HOUSING AND COMMONLY DESCRIBED AS 500 DOOLITTLE DRIVE ParcellD:2735-132-04-825 WHEREAS, the Community Development Department originally received an application from the City of Aspen Water Treatment Plant, represented by Mitch Haas of Haas Land Planning, requesting the City Council to approve Growth Management Review and a Specially Planned Area (SPA) amendment and requests for approval of Special Review and 8040 Greenline Review from the Planning and Zoning Commission for the minor addition and remodeling of the Water Treatment Plant. The applicant proposed to remodel the facade and add an additional 1,200 square feet of office space to the administrative building and extend the eave of an existing building to create a carport; and, WHEREAS, the applicant has requested to bifurcate the application into two phases. As a result, the first phase of the application will include review for the remodel of the fapade of the administrative building and the carport. The applicant requested that the City Council approve Growth Management Review and a Specially Planned Area (SPA) amendment and that the Planning and Zoning Commission approve 8040 Greenline Review for the minor addition of the carport and remodeling of the facade of the Water Treatment Plant; and, WHEREAS, Phase 2, which consists of constructing 1,200 square feet of additional office space will be reviewed at a later date; and, WHEREAS, the Community Development Department received referral comments from the Aspen/Pitkin County Housing Authority, Consolidated Sanitation District, City Engineering, Fire Protection District, Parks Department, as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed SPA amendment, Growth Management Review, and 8040 Greenline Review and recommended approval; and, WHEREAS, the Planning and Zoning Commission approved Resolution No. 10, Series of 2009 to approve the 8040 Greenline Review and made a recommendation to Council to approve the SPA Amendment and the Growth Management Review on June 16~h, 2009; and, WHEREAS, the subject property is located in the Public (P) Zone District with an SPA overlay and requires a amendment to make changes to the Final Development Order, pursuant to Section 26.440.090; and, WHEREAS, pursuant to Section 26.440 and 26.470 of the Land Use Code, Growth Management Review and Specially Planned Area amendment approvals may be granted by the Page 1 of 3 City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, Growth Management Review and Specially Planned Area amendment review requires a recommendation to Council by the Planning and Zoning Commission at a public hearing and this application was reviewed at a public hearing on June 16`h, 2009 where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, the Aspen City Council finds that the development application as proposed and identified as Exhibit C of the July 14`h staff memo meets the review standards for a Growth Management Review and a Specially Planned Area amendment to remodel the facade and to extend the eave of another building to create a carport if certain conditions are adhered to. NOW, THEREFORE BE IT ORDAINED that the Aspen City Council approves the Growth Management Review and the Specially Planned Area Amendment Review for the City of Aspen Water Treatment Plant subject to the conditions listed in Section 3 below. Section 1: Growth Management Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves Growth Management Review for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado and determines that the scope of this approval: new carport and facade remodel generates zero employees. Section 2: Specially Planned Area Amendment Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves the SPA amendment to remodel the facade of the administrative building and add a carport by extending an eave on an existing building for the project located at 500 Doolittle Drive, Aspen, Pitkin County, Colorado with the following conditions: 1. The applicant is required to apply for a building permit and shall meet adopted building codes and requirements if and when a building permit is submitted. Section 4• 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 5: 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 6: All material representations and commitments made by the Applicant pursuant to the approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Page 2 of 3 Zoning Commission or City Council, are hereby incorporated in such approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: A public hearing on this ordinance shall be held the 24`h day of August, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice 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 Council of the City of Aspen on the 27"' day of July 2009. ~ ~ ~ Michae C. Ireland; Mayor Attest• athryn S. Ko ,City Clerk FINALLY adopted, passed and approved this 24`h day of Michael C. Ireland, Mayor Attes 7 Kathryn S. K ,City Clerk Approved as to form: . 7 ~.Tohn P. Worcester, City Attorney Page 3 of 3