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Home My WebLink Aboutordinance.council.030-14 RECEPTION#: 615593, 11/21/2014 at 09:53:19 AM, 1 OF 5, R $31.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 30 (SERIES OF 2014) AN. ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR PLANNED DEVELOPMENT AMENDMENT AND GROWTH MANAGEMENT AMENDMENT FOR THE RED BUTTE CEMETERY PD, ON THE PROPERTY LOCATED AT 808 CEMETERY LANE, LEGALLY DESCRIBED AS: RED BUTTE CEMETERY, ACCORDING TO THE FINAL PUD PLAT THEREOF RECORDED JULY 11, 2012 IN PLAT BOOK 100 AT PAGE 38. Parcel ID: 2735-122-00-851 WHEREAS, the Applicant, Red Butte Cemetery Association, represented by Alan Richman Planning Services, submitted an application requesting approval of a Minor Planned Development Approval and Growth Management Review, to allow use of a portion of the maintenance facility as a dwelling unit, located at 808 Cemetery Lane, legally described as Red Butte Cemetery, according to the Final PUD Plat thereof recorded July 11, 2012 in Plat Book 100 at Page 38; and, WHEREAS, the Community Development Department Director determined that the maintenance facility is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the subject property is currently zoned Park (P) with a Planned Development (PD) Overlay and is listed on the Inventory of Historic Landmark Sites and Structures; and, WHEREAS, pursuant to Section 26.445.110.13, Minor Amendment to a Project Review approval, an amendment found by the Community Development Director to be generally consistent with the allowances and limitations of a Project Review approval or which otherwise represents an insubstantial change but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions or denied by the City Council, pursuant to 26.445.040.B.2; and, WHEREAS, pursuant to Section 26.470.140.A, Amendment of a growth management development order, An insubstantial amendment to an approved growth management development order may be authorized by the Community Development Director; and, WHEREAS, the Aspen City Council has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all applicable development standards; and, Ordinance No. 30, Series of 2014 Page I of 5 WHEREAS, during a duly noticed public hearing held on November 10, 2014 the City Council approved Ordinance No. 30, Series of 2014, by a three to two (3 — 2) vote, approving a Minor Planned Development Amendment and Growth Management Amendment; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Amendment Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby amends Section Lf of Ordinance No. 21, Series of 2009 to state the following: f. A separate temporary deed-restriction for the employee unit shall be filed with the Pitkin County Clerk and Recorder that includes the following limitations: i. The unit shall be the sole dwelling unit permitted on the property. ii. The unit shall not be expanded or modified from the representation as shown in Exhibit I of Ordinance No. 30, Series of 2014 without City Council approval. iii. The unit shall only be used by one person working for the Red Butte Cemetery Association and shall not serve as the primary residence for the employee. iv. if an amendment to this deed restriction is desired, the deed restriction can be amended by majority vote of both Aspen City Council and Board of the Red Butte Cemetery Association. V. Quarterly open houses shall be held during the months of December 2014 and March, June and September 2015 to allow citizens to express any issues with the use of the maintenance building. vi. A log shall be kept of how many nights the maintenance facility is used for sleeping. The log shall be provided to the City for public review. Section 2: Use Variation Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby grants a Planned Development Use Variation to permit a dwelling unit on the property with the following conditions, provided a deed restriction is filed with the Pitkin County Clerk and Recorder in accordance with Section 1 of this Ordinance, prior to installation of a bed: 1. The door connecting the warm room and shop shall be removed. 2. Smoke and carbon monoxide detectors shall be added to the warm room. Section 3: Growth Management Pursuant to the procedures and standards set forth in. Section 26 of the City of Aspen Municipal Code, the City Council hereby approves an amendment of a growth Ordinance No. 30, Series of 2014 Page 2 of 5 management development order. City Council confirms that 0 additional employees are generated by the conversion of a portion of the maintenance facility into a dwelling unit. Section 4: Termination This approval is conditional and shall terminate one year after the issuance of a Certificate of Occupancy for the living space. Subsequent use of the maintenance building as sleeping quarters is prohibited unless approved by the City pursuant to the Land Use Code. Section 5: The Applicant must show a genuine effort with APCHA or appropriate body to secure long term housing arrangement with reporting to Council. Section 6: 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 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. Section 7: 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 8: 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 9• A public hearing on this ordinance shall be held on the 10d' day of November, 2014, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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 22"d day of September, 2014. g t: CU Linda Manning, City Cy rk Stev Ska r n, yor Ordinance No. 30. Series of 2014 Page 3 of 5 FINALLY, adopted, passed and approved this day of V �l 12014. Attest: (AniaManning, Ci Clerk Stever kadro , Mayor Approved as to form: ames R. True, City Attorney Exhibits: 1. Approved Floor Plan Ordinance No. 30, Series of 2014 Page 4 of 5 EXHIBIT I u;ns --T o 'a 0 v 4 ] --- V `e Z 2 r � n 1 � < 8 S d 0 0 o RECEIVED APAP 11 NIN I(+ CITY OF NJPEN :n�nemr ataov�rn 0 Ordinance No. 30, Series of 2014 Page 5 of 5 i AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: Hay,� C1V� 2'� Q S'�� 20 `(, STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or represen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section.of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of thepublication is attached hereto. Posting 'of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was. composed of letters not less than one inch in height. Said notice was posted at least.fifteen(15) days prior to the public hearing on the_ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304..060(E)(2) of the Aspen Land.Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage —pnepaid.U.S. mail to all owners of property within three hundred (300) feet of the pct to the development application. The names and addresses of "''`1`Y' C�rt.s owners shall be those on the current tax records of Pitkin County as they ;,r„10;!M app•(�a-rejno more than sixty (60) days prior to the date of the public hearing. A i'ti�iers and -Overnmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued 077 next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty.(3 0) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PVDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoningor text,amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection yin the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing"Affidavit of Notice"was acknowledged before me this day ofAIA.0 , 20(x,by C_ PUBLIC NOTICERE*RED CEMETERY- PLANNED DEVELO BUTTE AMENDMENT T HAND TT *7TH NOTICE IS HEREBY GIVEN that a publlc hearing v 1 1 1 V ES S MY HA V D Al V L OFFICIAL SEAL will be held on Monday,Jun.rne 23,2014,at a meet- ICouncto ill,Council Chain at 5:00mbersbCky Hall,130 Aspen Gale- na St.,Aspen,to consider an application submitted f by the Red Butte Cemetery Association(808 Cem- My Commission expires Alan Richman Planning ng Sery-vices,for the p t is rresented e- rent Amendment and e- located at BOB Cemetery Lane.sloThe applicant is re • G�oswth MamaggemenOt eviewrto allow the caretaker to occasionally sleep In the described asmaintenance : Notary Public Buttili e pht.The property to the Final PU Butte thereof recorded July 11 2012 in Plat Book 1DPie t 00 at ntonnation,acontactJustnBarkerrattheCityo+As- KAREN REED PATTERSON Galena Stn`Aspen.GOt 970)429.2797, NOTARY PUBLIC jusbn.barker®gtyofaspen.com. STATE OF COLORADO slSteven Skadron,MayorATTACHMENTS AS APPLICABLE: NOTARY ID#19964002767 Aspen city Council My Commission Expires February 15,2016. Published In the Aspen Times on June 5, PUBLICATION 2014(10248146) PHOTOG PS OF THE POSTED NOTICE (SIGN) LIST OF TSE O R'NERS AND GO VERNMENTAL A GENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ES TAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3