HomeMy WebLinkAboutordinance.council.014-10RECEPTION#: 572114, 07/22/2010 at
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t OF 5, R $31.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
ORDINANCE NO. 14
(SERIES OF 2010)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE SPECIALLY PLANNED AREA APPROVALS AND
REZONING TO THE RURAL RESIDENTIAL ZONE DISTRICT THE PROPERTY
KNOWN AS THE SILVER LINING RANCH, LOCATED ON LOT 5 OF THE
STILLWATER RANCH SUBDIVISION,1490 UTE AVENUE, CITY OF ASPEN,
COLORADO.
PARCEL ID: 2735-184-06-805
WHEREAS, the Community Development Department received an application from the
Little Star Foundation, LLC, owner of the property and KAT Ranch, LLC, contract purchaser of
the property, both represented by Mitch Haas of Haas Land Planning, to convert the existing
Silver Lining Ranch to asingle-family residence; and,
WHEREAS, the property is the Silver Lining Ranch, located on Lot No. 5 of the
Stillwater Subdivision and is more commonly known as 1490 Ute Avenue originally approved
pursuant to Ordinance No. 11, Series of 1997, as anon-profit facility to assist children with
cancer and similar afflictions within a structure of approximately 18,000 square feet (roughly
14,000 of Floor Area) with three affordable housing units to serve employees of the operation;
and,
WHEREAS, the applicant proposes to convert the existing structure to asingle-family
residence with the ability for the Little Star Foundation to continue using the facility for up to
five years in the same non-profit manner as currently allowed; and,
WHEREAS, conversion of the property to a single-family residence requires an
amendment to the Specially Planned Area approval, approval for the demolition of affordable
housing, approval for achange-in-use, and approval for an Accessory Dwelling Unit to be
attached to the main residence; and,
WHEREAS, upon initial review of the subject application and the applicable code
standards, the Community Development Department recommended denial of the application
finding that the application did not meet the standards of review; and,
WHEREAS, during a duly noticed public hearing on May 18, 2010, upon review and
consideration of the recommendation of the Community Development Department, presentation
from the applicant of the past and current condition of the property and the non-profit
organization, public testimony, and discussion and consideration of the proposal, the Planning
and Zoning Commission approved the change-in-use, special review, and demolition of
affordable housing, and recommended in favor of the amendment to the SPA approval by a five
Ordinance No. 14, Series of 2010
Page 1
to zero (5-0) vote with conditions and a recommendation for rezoning as outlined in P&Z
Resolution Number 11, Series 2010; 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 hearing; and,
WHEREAS, the City Council finds the application meeting or exceeding all applicable
standazds 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 welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO as follows:
Section 1: Amendment to the SPA Approvals
City Council hereby approves the amendment to the Specially Planned Area approvals for Lot
No. 5, Stillwater Subdivision, as follows:
1. In addition to the uses permitted on this property approved through Ordinance No. 11,
Series of 1997, (the "Foundation use") this property may also be used as asingle-family
residence including all necessary physical changes to affect and implement this change.
The permitted dimensions for the property shall be those described in Ordinance 11,
Series of 1997.
2. Foundation use may continue simultaneously with the single-family use for up to five (5)
years after the effective date of the City Council ordinance allowing this change. After the
fifth anniversary of the effective date of the City Council ordinance, the Foundation use
shall no longer be pennitted unless otherwise extended by the City. During this five (5)
year period, the Foundation shall use this property in a manner consistent with the SPA
Plan as described in the Development Application for Annexation, Rezoning, GMQS
Exemption, Conditional Review, SPA and Special Review approved by City Council as
Ordinance No. 11, Series of 1997 and the Foundation and the owner of the property shall
comply with the following minimum parameters, which shall be included within the
required SPA agreement:
Either the Foundation or the owner of the property shall use the facility for a minimum
of seven (7) sessions for children per year consistent with the above-referenced SPA Plan.
The Foundation or the owner of the property shall use the Ranch for a minimum of
eight (8) special evening or full-day events during the year which shall be conducted by or
for the benefit of the Foundation or other non-profit organizations and which may include
small conferences, meetings or retreats by other medical children's groups, cancer groups,
pediatric doctors and similar groups, and special events such as celebrations, dinners,
Ordinance No. 14, Series of 2010
Page 2
awards ceremonies, meetings and fundraising activities or other non-profit medical events
consistent with the above-referenced SPA Plan.
During the five (5) year period, the Foundation and/or the property owner shall maintain
records that evidence compliance with the foregoing conditions and, at the request of City
Staff, the Foundation or the property owner shall provide such documentation to the City
to establish compliance with the foregoing conditions of approval.
A conservation easement shall be placed on the lower bench of the property over the area
currently zoned Conservation. The easement shall run to the benefit of an accredited land
trust recognized by the State of Colorado. The easement shall be deemed acceptable as to
form by the City Attorney prior to recording. The recorded easement shall be exhibited in
the SPA Amendment Agreement.
4. An SPA Amendment Agreement shall be recorded within 180 days of City Council
approval and prior to acceptance of a building permit for the conversion. The agreement
shall terminate the SPA plan on the day five years after the effective date if this
ordinance, concurrent with the effective date of rezoning to the RR Zone District. Anew
plat is not required.
Section 2: Rezoning of the Property to Rural Residential
Upon five years after the effective date of this Ordinance, the Official Zone District Map of the
City of Aspen shall be amended by the Community Development Director to reflect Lot No. 5 of
the Stillwater Subdivision, commonly known as the Silver Lining Ranch, as included in the Rural
Residential (RR) Zone District without the Specially Planned Area (SPA) Overlay.
Section 3: Legally Established Nonconforming Structure
Physically nonconforming aspects of the current structure compared with the RR Zone shall be
considered legally-established and able to continue for the life of the structure. Subsequent
redevelopment of the property shall be accomplished in conformance with the Rural Residential
Zone District allowances and limitations and Chapter 26.312 - Nonconformities - of the Land
Use Code, as maybe amended from time to time.
Section 4: Representations
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 Planning and Zoning Commission, 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 5: Existing Litigation
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.
Ordinance No. 14, Series of 2010
Page 3
Section 6: SeverabilitY
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 7: Vested Rights
The development approvals granted herein shall constitute asite-specific development plan vested
for a period of three (3) years from the date of issuance of a development order. However, any
failure to abide by any of the terms and conditions attendant to this approval shall result in the
forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to
properly record all plats and agreements required to be recorded, as specified herein, within 180
days of the effective date of the development order shall also result in the forfeiture of said
vested property rights and shall render the development order void within the meaning of Section
26.104.050 (Void permits). Zoning that is not part of the approved site-specific development
plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice
advising the general public of the approval of a site specific development plan and creation of a
vested property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan,
and the creation of a vested property right, valid for a period of three (3) years, pursuant to the
Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,
pertaining to the following described property: Lot No. 5, Stillwater Subdivision.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted bylaw for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 8:
A public hearing on the Ordinance was held on the 12`h day of July, 2010, at 5:00 p.m. in the City
Coancil 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.
Ordinance No. 14, Series of 2010
Page 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28`h day of June, 2010.
Attest:
Kathryn S. Ko ,City Clerk
~Gl
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day ofdt~IC~ , 2010.
At e~: ~~ /~
Kathryn S. ch, City Clerk
Approved as to form:
~~orney
Ordinance No. 14, Series of 2010
Page 5
5240287 O FO N N 14
PROOF OF PUBLICATION SERIES OF 20+0)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE
SPECIALLY PLANNED AREA APPROVALS AND REZONING TO THE RURAL RESIDENTIAL
ZONE DISTRICT THE PROPERTY KNOWN AS THE SILVER LINING RANCH, LOCATED ON
LOT 5 OF THE STILLWATER RANCH SUBDIVISION, 1490 UTE AVENUE, CITY OF ASPEN, COL-
ORADO.
8� A:x IM :: PARCEL ID: WHEREAS, the Community Development Department received an application from the Little Star Founda-
tioo, LLC, owner of the property and K
AT Ranch, LLC, contract purchaser of the property, both represent-
ed by Mitch Haas of Haas Land Planning, to convert the existing Silver Lining Ranch to a single-family
residence; and,
WHEREAS, the property is the Silver Lining Ranch, located on Lot No. 5 of the Stillwater Subdivision and
is more commonly known as 1490 Ute Avenue originally approved pursuant to Ordinance No. 11, Series
TT of 1997, as a non - profit facility to assist children with cancer and similar afflictions within a structure of ap-
STATE OF COLORADO, COUNTY OF PITKIN proximately 18,000 square feet (roughly 14,000 of Floor Area) with three affordable housing units to serve
• employees of the operation; and.
WHEREAS, the applicant proposes to convert the existing structure to a single -family residence with the
ability for the Little Star Foundation to continue using the facility for up to five years in the same non-profit
�+ PEZ C� T manner as currently allowed; and,
I, Jenna Weatherred do solemnly swear that I am a Publisher of the ASPEN WHEREAS, conversion of the property to a single - family residence requires an amendment to the Spe-
cially Planned Area approval, approval for the demolition of affordable housing, approval for a change -in-
TIMES WKLY that the same weekly printed, in whole or in use, and approval for an Accessory Dwelling Unit to be attached to the main residence; and,
Y news P a P er P WHEREAS, upon initial review of the subject application and the applicable code standards, the Commu-
part and published in the County of Pitkin, State of Colorado, and has a nity Development oepadment recommended denial of the application finding that the application did not
meet the standards of review; and,
g eneral circulation therein; that said newspaper has been published WHEREAS, during a duly noticed public hearing on May 18, 2010, upon review and consideration of the
D P a P P recommendation of the Community Development Department, presentation from the applicant of the pant
and current condition of the property and the non - profit organization, public testimony, and discussion and
continuously and uninterruptedly in said County of Pitkin for a period of consideration of the proposal, the Planning and Zoning Commission approved the change -in -use, special
review, and demolition of affordable housing, and recommended In favor of the amendment to the SPA
more than fifty -two consecutive weeks next prior to the first publication of approval by a five to zero (5 -0) vote with conditions and a recommendation for rezoning as outlined in PsZ
Resolution Number 11, Series 2010; and,
the annexed legal notice or advertisement. WHEREAS, the Aspen City Council has reviewed and considered the application according to the applica-
g ble provisions of the Municipal Code as identified herein, has reviewed and considered the recommenda-
tion of the Community Development Director, the Planning and Zoning Commission, and has taken and
considered public comment at a public hearing, and.
-n WHEREAS, the City Council finds the application meeting or exceeding all applicable standards of the land
That the annexed legal notice or advertisement was published in the regular 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,
and entire issue of every number of said daily newspaper for the period of 1 WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public
health, safety, and welfare,
consecutive insertions; and that the first ublication of said notice was in the
P NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
issue of said newspaper dated 7/4/2010 and that the last publication of said COLORADO as dil,wa:
Section 1: Amendment to the SPA Approvals
notice was in the issue of said newspaper dated 7/4/2010. City Council hereby approves the amendment to the Specially Planned Area approvals for Lot No. 5,
Stillwater Subdivision. as follows:
In witness whereof, I have here unto set my hand this 6th day of July, 2010. I. In addition to the uses permitted on this property approved through Ordinance No 11, Series of 1997,
(the "Foundation use') this property may also be used as a single- family residence including all necessary
physical changes to affect and implement this change. The permitted dimensions for the property shall be
those described in Ordinance 11, Series of 1997.
2. Foundation use may continue simultaneously with the single - family use for up to five (5) years after the
effective date of the City Council ordinance allowing this change. After the filth anniversary of the effective
date of the City Council ordinance, the Foundation use shall no longer be permitted unless otherwise
- extended by the City.
k 3. A conservation easement shall be placed on the lower bench of the property over the area currently
Jenne Weath ed b s CI zoned Conservation. The easement shall run to the benefit of an accredited land trust recognized by the
State of Colorado. The easement shall be deemed acceptable as to form by the City Attorney prior to
recording. The recorded easement shall be exhibited in the SPA Amendment Agreement.
Subscribed and sworn to before me, a notary public in and for the County of 4. An SPA Amendment Agreement shall be recorded within 180 days of City Council approval and prior
(� to acceptance of a building permit for the conversion. The agreement shall terminate the SPA plan on the
Garfield, State of Colorado this 6th day of July, 2010, day five years after the effective date it this ordinance, concurrent with the effective date of rezoning to the
RR Zone District A new plat is not required.
Section 2: R ears after the of the Pro lief Residential
Upon five y, the Official Zone District Map of the City of
Aspen shall be em by the a ate of this Ordinance by the Community Development Director to reflect Lot No. 5 of the Stillwater
Subdivision, commonly known as the Silva( Ranch, as included in the Rural Residential (RR) Zone
w
District without the Specially Planned Area (SPA) Overlay.
• Section 3: Legally Established Nonconforming Structure
Physically nonconforming aspects of the current structure compared with the RR Zone shall be considered
Mary E. Borkenhagen, Notary Public legally - established and able to continue for the life of the structure. Subsequent redevelopment of the
properly shall be accomplished in conformance with the Rural Residential Zone District allowances and
My Commission expires: August 27, 2011 limitations and Chapter 26. 312 - Nonconformities - of the Land Use Code, as may be amended from time
to time.
Se c t ion 4. Reoreaentatlona
• 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
• Planning and Zoning Commission, 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.
Aspen (LEGALS) City of Sec run : Existing Litigation
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 6: Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any rc neld
invalid or unconstitutional in a court of competent jurisdiction, such podion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 7: Vested Rights
The development approvals granted herein shall constitute a site - specific development plan vested for a
pedod of three (3) years from the date of issuance of a development order. However, any failure to abide
by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested
properly rights. Unless otherwise exempted or extended, failure to properly record all plats and agree-
ants required to be recorded, as specified herein, within 180 days of the effective date. of the
development order shall also result in the forfeiture of said vested property rights and shall the
development order void within the meaning of Section 26,104.050 (Void permits). Zoning thai tart
of the approved site - specific development plan shall not result in the creation of a vested proper, ,.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a
development order as set forth in this Ordinance, the City Clerk shall cause to be published in a
newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising
the general public of the approval of a site specific development plan and creation of a vested property
right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan, and the
creation of a vested properly right, valid for a period of three (3) years, pursuant to the Land Use Code of
the City of Aspen and Title 24, Article 68, Colorado Revised Statutes. pertaining to the following described
properly: Lot No. 5, Stillwater Subdivision,
Nothing in this approval shall exempt the development order from subsequent reviews and approvals re-
quired by this approval of the general rules, regulations and ordinances or the City of Aspen provided that
such reviews and approvals are not Inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of
time permitted by law for the exercise of such rights shall not begin to run until the date of publication of
the notice of final development approval as required under Section 26.304.070(A). The rights of
referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charier.
Section 8:
A public hearing on the Ordinance shall be held on the 12th day of July, 2010, 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 28th day of June, 2010.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Published in the Aspen Times Weekly on July 4, 2010. [5240287)
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