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HomeMy WebLinkAboutordinance.council.014-9137~793 B-762 P-all 09t30,'94 JO:lgA PG 1 OF 28 REC DOC NC SILVIA DAVIS ~'ITKIN COUNTY CLERk, ~ RECORDER 140.00 ORDIN~NCE NO. 14 (Series 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING FINAL A~PROVAL OF THE ASPEN MEADOWS SPECIALLY PLANNED A~REA (SPA) FINAL DE%-ELOPM~NT PI2~N, SUBDIVISION APPROVAL, P~EZONING AND ZONING MAP AMENDMENTS, P~ESIDENTIAL GROWTH MANAGEMENT ALLOT- MENT, EXCESS GROWTH MANA~E~ENT ALLOTMENT, GROWTH MANAGEP[ENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, CONDOMINIUMIZATION, AND VESTING OF DEVELOPMENT RIGHTS. WEEP~EAS, that real property commonly known and referred to as the "Aspen Meadows" has previously been designated a specially planned area (SPA) on the city of Aspen Official Zone District Map; and W-HER~AS, a master plan for the Aspen Meadows was adopted as a component of the Aspen Area Comprehensive Plan in September, 1990; and ~qiEREAS, the City has received a comprehensive development plan for the Aspen Meadows known as the Aspen Meadows Final Specially Planned Area (SPA) Development Plan Submission (hereinafter the "Plan"); and ;fHEP~EAS, on DecaYer 20, 1990, after review and approval and upon recor~endation of the Planning Department and the Aspen Planning and Zoning Commission, the Plan received conceptual approval, subject to conditions, by the City Council pursuant to the procedure set forth at Section 24-6-205(A) (8) (b) of the }~unicipal Code; and WHEP~EAS, Savanah Limited Partnership, in conjunction with the Aspen Institute for Humanistic Studies (the "Institute"), the Music Associates of Aspen ("MAA"), and the Aspen Center for 37479Z B-76~ P-812 09/30/94 10:t9A PG 2 OF 28 Physics ("Physics"), hereinafter Jointly k2%ow~ as the "Developer", submitted an application for a residential Growth Management Quota System allotment as a component of the Plan on February 15, 1991; and ~fHER~AS, on March 4, 1991, the Developer submitted to the Planning Department a proposed final SPA development plan for the Aspen Meadows incorporating requests for subdivision approval, text amendments to the municipal land use code, requests for rezoning and zoning map amendments, growth management exemption for essential public, facilities, conditional use approvals for attached affordable housing units, and special review approval for parking in an academic (A) zone district; and WHER]~AS, the Developer's proposed final SPA development plan has been subjected to review and comments by the Engineering, Water, Parks, and Enviroru~ental Health Departments for the city of Aspen, as well as review and comments by the Fire Marshal, Sanitation District and Aspen/Pitkin County Housing Authority; and WHEREAS, the Aspen Planning and Zoning Com~ission has reviewed the Developer'a development plan in accordance with those procedures set forth at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct public hearings thereon on April 2, 9 and 16, 1991; and ~CHEREAS, upon review and consideration of the Plan, agency and public comment thereon, the review undertaken and comments of ~479~ B-762 ~'-Si3 091~0/94 10:lgA PG ~ ~F 28 the Plan as provided by the Historic Preservation Committee relevant to design, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 8 of Article 7 (Specially Planned Area), Division 10 of Article 7 (Subdivision), Divisions 2,3 and 4 of Article 7 (Per~itted, Conditional and Special Review Uses, respectively), Division 11 of Article 7 (Text Amendments and Zoning Map Amendments), and Article 8 (~row~h Management Quota System), the Planning and Zoning Commission has recommended final approval of the Plan, subject to conditions, to the City Council; and WHEREAS, pursuant to the Growth Management Quota System the Planning and Zoning Co=mission evaluated and scored the residen- tial component of the Plan, consisting of fourteen (14) units, at 33.85 points, thus, meeting minimu~ development approval threshold and, additionally, awarded the Plan 1.93 bonus points as allowed under Section 24-8-106(E) (6) of the Municipal Code, thus, giving the Plan a total GMQS score of 35.78 points; and WHEREAS, the Planning and Zoning Commission further granted conditional use approvals for four affordable housing units associated with the residential component of the Plan and special review approval for parking in an academic (A) zone district; and ~HEREAS, on April 16, 1991, the Planning and Zoning Com~is- sion, after public hearing, incorporated its approvals, condi- tional approvals, and reco=mendations into Resolution No. 91-10 3 and forwarded same to City Council in accordance with Section 24- 6-205(A) (8) (c) of the Municipal Code; and WHEREAS, the city Council finds that the public interest would not be served by affording phased ~MQS development allot- ments under the Plan and that an excess GMQS development allot- ment as permitted by Section 24-8-103(B) of the Municipal Code is desirable and warranted; and WHEREAS, the City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those reco~enda- tions and approvals as granted by the Planning and Zoning Com- mission and the Historic Preservation Co~ittee, and has taken and considered public cogent at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standards and that approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Comprehensive Plan and the Aspen Meadows Master Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety and welfare, NOW, THEREFORe, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to Section 24-7-804B of the Municipal Code, and subject to those conditions of approval as specified hereinafter, 4 ~7479S B-?~ P-@~5 09/30/94 10:lgA PG 5 OF 28 ~he City Council finds as follows in regard to the Plan's spe- cially planned area development component: 1. The Developer's final plan submission is complete and sufficient to afford review and evaluation for approv- al. 2. The Plan is compatible and enhances the mix of devel- opment in the im~ediate vicinity of the Aspen Meadows and the proposed land uses as approved hereinbelow are deemed to be appropriate and allowable in their under- lying zone districts as authorized by an SPA overlay. 3. The Plan incorporates and provides sufficient public facilities and roads for the requested development, and provides significant open space, trails and public amenities for the residents and users of the develop- ment. 4. The Aspen Meadows is generally suitable for the requested development in terms of topography and the Plan creatively employs land planning techniques to preserve view planes and avoid adverse envirorunental impacts. 5. The Plan will not require the expenditure of excessive public funds in order to provide public facilities for the development or its surrounding neighborhoods. 6. The Plan is' consistent with the Aspen Area Comprehen- sive Plan and the Aspen Meadows Master Plan. 7. The Plan demonstrates good and sufficient cause to remove the SPA designation for that portion of the Aspen Meadows property that is to be conveyed to the City and to adjust the current SPA boundary accord- ingly. Section 2 Pursuant to the findings as set forth in Section 1 above, the City Council grants final SPA development plan approval for the Plan subject to the following conditions: i. A detailed construction timeline incorporating a specific construction schedule for the installation of 5 374793 B-762 ~-816 09/30/94 10:lgA ~'G 6 ~F 28 the new Meadows Road shall be submitted to and approved by the Planning and Public Works Departments prior to staff approval of the final plat. Upon completion of the new Meadows Road, all construction traffic associ- ated with the development shall use and be rsrouted to the new Meadows Road. 2. The applicant shall provide 97 parking spaces at the West Meadows facilities pending construction of the West Meadows parking structure. 3. The Developer shall conduct a review and provide a written report of the development's traffic mitigation plan to the Planning Director on the anniversary date of the final passage of this Ordinance in years 1992, 1994, 1996, 1998 and 2000, and shall continue to con- duct and provide such reviews and reports every two years thereafter unless deemed unnecessary by the city Council. Such report shall include, but not be limited to, traffic counts on Seventh Street, n~her of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passenger counts and desti- nations arising from the use of the Aspen Meadows facilities. The review and report shall also incorpo- rate data and information from the Roaring Fork Transit Authority (RFTA) illustrating its service to the Aspen Meadows facilities. The city will review the report and may require modification to the development's traffic mitigation program, including the addition of reasonable new mitigation measures. All modifications of the traffic mitigation plan shall be approved by the Planning and Zoning Commission at a public hearing. 4. The shuttle van system as incorporated into the devel- opment's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. 5. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the develop- ment's traffic mitigation plan, except when severe weather or circu~stances beyond the control of the lodge/restaurant operator require a deviation there- from. The restaurant/lodge operator shall insure and enforce the delivery hours and routes by contractual obligation with its goods and services providers. 6. The thirteen foot (13') service access/emergency loop drive serving the chalets shall be constructed with an 6 374793 B-762 P-817 09/50/94 10~lgA ~'G 7 GF ~8 all weather surface adequate to support fire-fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to 13' widths at all times of the year and particularly during the winter months. 7. Ail buildings to be served and accessed from the 13' access/emergency loop drive shall have interior sprin- kling fire protection/suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. 8. Specific fire hydrant locations for the development shall be established and approved in cooperation with the Fire Marshal prior to the issuance of a building permit. 9. A detailed tree removal and replacement plan shall be submitted to and approved by the City Parks Department prior to staff approval of the final plat. Such plan shall indicate all trees to be moved or removed, their size, location, species, and time of planting, trans- planting, or removal. Ail tree replacement shall be on a one-to-one caliper inch basis with minimu~ size at 1 1/2" caliper. 10. The final plat shall depict all trails dedicated or conveyed to public use and all easements linking off- site trails to the development's trail system. The final plat shall particularly note (1) an easement for a trail link from the racetrack, end (2) the trail between the tennis townhouses and restaurant as depict- ed on the Master Plan. Exact trail locations must be approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As-built easements shall be executed and conveyed after trail construction. 11. There shall be no interconnection of non-treated water systems to potable water systems. 12. Pursuant to Section 23-53(g) of the Municipal Code, the Developer shall convey all rights, titles, easements and interests to the Si Johnson Ditch and water right, water wells and appurtenant water rights on the Aspen Meadows property to the City. The city shall, in 7 exchange, lease back to Developer, or its successor(s) in interest, raw water from those sources for irriga- tion use within the development in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigat- ed, not to exceed the amount of water conveyed to the City by the Developer. Developer shall pay to the City its pro rata share of operation, maintenance and repair costs, plus One Hundred Dollars ($100.00) per year. The lease as noted above shall not subordinate the use of the water right to the emergency needs of the City for minimu~ stream flows, hydroelectric power, or municipal purposes. 13. The Developer shall install at its own cost a water distribution system for the development meeting no less than the minimu~ design, engineering, materials and construction standards of the City for domestic munici- pal and fire protection purposes and shall convey same to the City upon completion, inspection and acceptance by the City. Developer shall also convey to the City a perpetual twenty foot (20') as-built easement extending ten feet (10') from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet (5') on each side of the centerline, along with a similar twenty foot (20') easement and construction easement for the future installation of a connector main to the existing city water main in Black Birch Drive. 14. Drainage design for the development shall not inten- tionally direct run-off into irrigation ditches or ponds. 15. Ail residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmental Health Department. No building permits shell be issued for residential units absent compliance with fireplace regulations. Ail disputes concerning the application or interpretation of fireplace regulations to the development shall be subject to review and determination by the Clean Air Board. 16. Prior to the issuance of a building permit for each component of the project, a drainage mitigation plan for that component for run-off during construction activity shall be submitted and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 8 ~7.79~ B-762 P-819 09/Z0/94 10~lgA PG 9 OF 28 17. Prior to the issuance of a building permit for each component of the project, a fugitive dust control plan for that component must be submitted to and approved by the Envirorunental Health Department and such State agencies as having Jurisdiction over sams. 18. A fugitive dust plan must be submitted and approved by the Enviroru~ental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal facility. 19. Ail energy conservation and efficiency measures as represented by the Developer in its GMQS application regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) for same must be approved by the City prior to issuance of any building permit for residential construction. These measures shall be further incorporated into deed restrictions and/or covenants for all single family homes and condo- minium declarations. 20. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and effi- ciency measures as represented by the Developer. Accordingly, detailed plans submitted for building permits for the lodge structures and the MAA rehearsal hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, and the MAA/Rehears- al Hall Energy Conservation Description document sub- mitted to Planning staff on May 20, 1991. The engi- neered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 21. The Developer shall pay to the City an affordable housing mitigation impact fee for 16.69 low income employees associated with ten new residential units, seven on Lot 6 and three on Lot 5, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of a building permit for any residential construction and shall be paid in amounts reflecting and corresponding to the n~her of residen- tial units sought to be permitted at any given time (1.66 per unit). 9 374793 B-76~ P-820 09/30/94 10:19A PG 10 OF 28 22. Developer shall construct replacement and/or additional fox dens in a manner and at locations to be selected in the field by the City, in consultation with the Direc- tor of the Aspen Center for Environmental Studies, prior to the issuance of any building permits for development under the Plan, or any other demolition or construction within the development area, to wit, the Aspen Meadows. 23. Revegetation of all areas developed pursuant to the Plan shall be implemented in accordance with those guidelines as set forth by Design Workshop in its letter of 3/21/91, which letter is incorporated herein as if fully set forth. Ail revegetation shall be inspected and monitored by the City to ensure that revegetation efforts and the protection of sa~e are successful. 24. New manicured lawn areas shall be minimized to the maximum extent possible, except in those areas adjacent to the Music Tent, and such areas must be depicted and approved on the final plat. 25. Prior to excavation, temporary construction barricades and or fenciH~ shall be erected within five feet of the building envelopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering same unless unstable soils dictate alternative locations mutually agreed upon by the owner, the Building Department and the Plenning Office. Prior to issuance of building permits for individual buildings, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the con- struction process. 26. Financial assurances in amounts and in forms acceptable to Developer and city shall be provided by Developer to ensure the satisfactory installation and completion of the new Meadows Road, all utility infrastructure, including water lines, the trail along old Meadows Road, and thp. parking facility. That portion of the above-referenced financial assurances reasonably found by the Public Works Director to be related to the work for which a permit is sought must be in place prior to issuance of that building permit. 10 37R79S B-762 P-8~! 09/30/94 10~i9A P~ ii OF ~@ 27. The following language shall be included in the SPA/Subdivision Agreement: "Any SPA or Master Plan amendment or future development applications submitted by any non-profit user of the Meadows property (Lots 1, 2, and 3) shall be applied for Jointly by all non- profit property o~rners. This shall supersede prior requirements requiring SPA submittal approval by all property owners. Similarly any SPA A~endment proposed to be submitted by any residential owner or association thereof shall require, in addition to the consent of the association of owners of the residential component involved, the approval of the resident non-profits of the SPA." 28. Public pedestrian access, excluding access to build- ings, will continue to be allowed at reasonable hours throughout the entire academic (A), open space (OS), and wildlife preservation (WP) zone district areas of the Aspen Meadows development, subject to reasonable regulations as established by the owners thereof in order to protect their property, am well as the academ- ic privacy and serenity of the campus, its programs and the health and safety of other users and visitors. 29. The MAA parking lot shall be plowed and kept clear of snow during all wintertime psrfor~ances or functions at MAA facilities. 30. Pursuant to Section 24-7-804(D) (4) of the Municipal Code, the final plat, which shall, at a minimum, con- sist of final drawings depicting the site plan, land- scape plan, utility plan and building elevations, and a specially planned area (SPA) agreement, shall be re- corded in the office of the Pitkin County Clerk and Recorder and shall be binding upon the property owners subject to the development plan, their successors and assigns, and shall constitute the development regula- tions for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan, and in this ordinance and the SPA agreement. Failure on the part of the Developer to record the final development plan, plat, and SPA agree- ment within a period of 180 days following the adoption date of this Ordinance shall render the development plan and plat in valid. If the 180 days lapse, recon- sideration of the final development plan, plat and SPA agreement by the Planning and Zoning Commission and 11 ~7~79~ B-762 ~-S~2 0~/~/9~ 10~l~A ~ 12 ~F 28 City Council will be required before its acceptance and recording. Section 3 Pursuant to and by reason of the findings and conditions of approval as set forth above in Sections 1 and 2, specially planned area (SPA) designation for the portion of the Aspen ~{eadows property to be conveyed to the City is hereby removed and the City's Official Zone District Map shall be amended to reflect such removal. Section 4 Pursuant to Section 24-7-1004C of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plan's subdi- vision development component: 1. The proposed subdivision is consistent with both the Aspen Area Comprehensive Plan and Aspen Mead- ows Master Plan and is, furthermore, consistent with the character of existing land uses in the adjoining areas. 2. The proposed subdivision will not adversely affect the future development of surrounding areas and will be in substantial compliance with all re- quirements of Chapter 24 of the Municipal Code. 3. The proposed subdivision is compatible and suit- able with the topography of the area and will not present or create a threat to the health, safety or welfare of the residents or neighbors of the subdivision. 4. The proposed subdivision does not create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities or unnec- essary public costs. 12 374793 B-76~ ~-S23 09/30/94 iO:19A ~ 13 OF 28 5. The proposed new Meadows Road has the primary function of providing access to abutting property and will not carry through traffic, thus, warranting its designation as "local street". Section 5 Pursuant to the findings as set forth in Section 4 above, the city Council grants final subdivision approval for the Plan subject to the following conditions: 1. The new Meadows Road shall be dedicated as a pub- lic street from its intersection with Seventh Street and North Street to the south boundary of Lot 6. Right-of-way width, grades and intersection design shall be subject to inspection and approval by the city Engineer prior to staff approval of the final plat. 2. Irrevocable legal access to the new Meadows Road must be provided where necessary to all existing and future properties abutting that portion of the old Meadows Road that may be vacated and all ease- ments for such access shall be depicted on the final plat. 3. Ail property exchanges between the Savanah Limited Partnership, the Institute, the MAA, and Physics shall be effectuated simultaneously with the re- cording of the final plat. 4. Ail sanitary sewer improvements as installed in the development area shall be inspected and ap- proved to the satisfaction of the Aspen Sanitation District. 5. Complete and detailed utility plans, i.e., elec- tric, gas, cable T.V., and telephone, shall be provided to and approved by the Planning Director and City Engineer at or prior to submission for recording of the final plat. Additionally, all utilities shall approve utility design and loca- tion prior to staff approval of the subdivision agreement and final plat. 13 374793 B-762 P-824 09/30/94 10:igA PG 14 OF a8 6. The final plat shall accurately reflect all under- ground utility installations, particularly those along roadways, trailways and cultivated landscap- ed areas. 7. Utility facility installations shall be restricted to roadway, trailwsy and cultivated landscaped corridors wherever possible. If utility facility installations must occur outside of these areas, such alternate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruc- tion from construction activities and machinery. Ail utility location corridors shall be inspected and approved by the City Engineer and Planning Director prior to the issuance of any excavation permit. 8. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. 9. Ail ditches, swales, intermediary ponds and detention areas shall be subject to appropriate easements for access and maintenance purposes and be depicted on the final plat. 10. The Developer shall provide a digitized copy of the subdivision plat prior to recordation of the mylar copies. 11. Trench box construction methods shall be utilized for utility installations whenever possible so as to minimize site disturbance. 12. The Castle Creek sanitary trunkline shall be lined unless deemed otherwise by the Aspen Sanitation District. If sections of the trunkline must be replaced, such replacement locations shall be identified to the City Engineer and Planning De- partment and the least dis~-uptive methods shall be identified and employed. 13. Detailed design drawings for the new Meadows Road and Seventh Street and Eighth Street intersections shall be provided to and approved by the city Engineer prior to staff approval of the final plat. Ail design drawings 14 37~793 B-76~ P-825 09/~0/94 10:i~A PG 15 OF 28 shall be prepared by a professional engineer registered in the State of Colorado. 14. The speed limit for the new Meadows Road shall be reduced to a speed below thirty (30) miles per hour as determined by the City Engineer. 15. The existing old Meadows Road shall be converted to a pedestrian trial/bikeway with ownership thereto to remain in the City. 16. Pursuant to Section 24-7-1005E of the Municipal Code, the final subdivision plat and subdivision agreement shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following the adop- tion date of this Ordinance. Failure to record the final plat and subdivision agreement within the 180 day time period shall render the subdivision approvals granted herein invalid. If the 180 days lapse, recon- sideration of the subdivision and subdivision agreement by the Planning and Zoning Commission and City Council will be required before acceptance and recording. Section 6 Pursuant to Section 24-8-106 of the Municipal Code, the City Council finds as follows in regard to the Plan's residential Growth Management Quota System allotment component: 1. The Planning and Zoning Commission has forwarded to City Council a residential development total score of 35.78 for the residential component of the Plan, such score exceeding the minimu~ scoring threshold. 2. The residential development component of the Plan was the only development project submitted to the Planning and Zoning Co=mission for 1990 residen- tial GMQS allotments. 3. The GMQS residential scoring considered and reflected the waiver of the six-month minimum lease requirement as set forth in the applicable condominiumization regulations. 15 374793 B-762 ~-826 09/30/94 10:~gA ~'G 1~ OF 28 4. A multi-year or phased dmvelopment allotment would not serve the best interests of the Plan or the general public. 5. Section 24-8-103B of the M~nicipal code permits the awarding of development allotments in excess of the meximu~ allotment level in any given year. 6. The Plan as presented by the Developer warrants an excess development allotment and the Planning office has indicated excess development allotments are available. 7. No challenges to the Planning and Zoning Commis- sion's scoring or ranking of the Plan's residen- tial development component have been submitted as permitted by Section 24-8-106I of the Municipal Code. Section 7 Pursuant to the findings as set forth in Section 6 above and in accordance with Section 24-8-106J of the Municipal Code, the City Council awards and grants the Developer six (6) residential development allotments from the GMQS allotment pool for 1990, and eight (8) excess residential development allotments to be off-set in future years in accordance with Section 24-$-103B of the Municipal Code. In accordance with Section 24-8-108(A) (1) of the Municipal Code, Developer, or its successor in interest, shall be eligible for exemption from the expiration of the GMQS allotments for residential Lots 7, 8, 9 and 10 herein awarded upon proper demonstration that those conditions of final approval and the public improvements associated with Lots 7, 8, 9 and 10 have been satisfactorily completed. 16 S7479~ B-762 P-827 09/S0/94 10:19A P~ 17 OF ~8 Section 8 Pursuant to Section 24-8-104(C)(1) (b), as amended per ordinance No. 13, (Series of 1991), of the Municipal Code, the City Council finds as follows in regard to the Developer's request for Growth Management Quota System development exemption for essential public facilities: 1. The Institute's proposed development of new lodge units, expansion of the existing health club, expansion of the restaurant, and expansion of the tennis shop, including rest rooms, is essential for the revitalization of the Aspen Meadows prop- erty. 2. The MAA's proposed expansion of the Music Tent, the addition of a year-round rehearsal/performance hall, and expansion of the Music Tent gift shop, is essential for the revitalization of the Aspen Meadows property. 3. The programs and activities sponsored and or host- ed by the Institute and the MAA at the Aspen Meadows facilities have historically provided intellectual and cultural enrichment to the citi- zens of the City of Aspen without which the City would not have attained its present character and standing in the national and intex-national co=mu- nity. Furthermore, the Aspen Meadows facilities, and those of the Institute and MAA in particular, have served and continue to serve important commu- nity needs and proposed expansions of same will only enhance their value and accessibility to the citizens of the City of Aspen and the general public. 4. The Institute's and MAA's proposed development involves essential public facilities, will enhance existing essential public facilities, and is not- for-profit in nature. 17 ~7479~ B-76~ P-828 09/~0/94 10:lgA PG 18 OF ~8 Section 9 Pursuant to Section 24-8-104(C)(1)(b), as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, and the findings as set forth in Section 8 above, the City Council awards and grants Growth Management Quote System development exemptions from competition and affordable housing impact mitigation for the following Plan development on the basis that such development is for essential public facilities: 1 Fifty (50) new lodge units of 42,410 sq,/are feet, (Aspen Institute). 2 Health club expansion of 1,800 square feet, (Aspen Institute) . 3 Restaurant expansion of 2,000 square feet, (Aspen Institute) . 4 Tennis shop expansion, including rest rooms, of 980 square feet, (Aspen Institute). 5 Music Tent backstage expansion of 1,500 square feet, (M3~A) . 6 The new rehearsal/performance hall of 11,000 square feet, (MAA). 7 Music Tent gift shop expansion of 100 square feet, Section 10 Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds as follows in regard to the zoning map amend- ments component of the Plan: 1. The proposed zoning amenduments as set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code, the Aspen Area 18 B74~9~ B-76~ P-~29 09/B0/94 10:19A PG 19 O~ 28 Comprehensive Plan or the Aspen Meadows Master Plan. 2. The proposed zoning =mendments are compatible with surrounding zone districts and land uses. 3. The proposed zoning amendments will not adversely impact traffic generation or road safety when taken into consideration with t_he other aspects of the Plan. 4. The proposed zoning amendments will not adversely impact demand for public facilities or services nor adversely affect the envirornnent. 5. The proposed zoning a~endments will promote the public interest and character of the City of As- pen. Section 11 Pursuant to Sections 24-7-1102 and 24-7-1103, and Division 2 of Article 5 of Chapter 24, as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, and the findings set forth in Section 10 above, the City Council does grant the following amendments to the official Zone District Map and does designate the following zone districts for the development subject to the conditions as specified below: 1. R-MF (Residential Multi-Fa~ily) shall be applied to Lots 5 and 6 (townhomes). 2. R-15 (Moderate-Density Residential) shall be ap- plied to Lots 7, 8, 9 and 10 (single family lots). 3. WP (Wildlife Preservation) shall be applied to the 25 acres, more or less, of land conveyed to the City of Aspen (Lot 4)and to the racetrack area of the Aspen Meadows property as depicted in the final SPA development plan submittal. 19 ~74793 B-78~ P-8~0 09/~0/~4 10~lgA P~ ~0 OF ~8 4. OS (Open Space) shall be applied to Anderson Park, the Marble Garden, and the Tent Meadow as depicted in the final SPA development plan submittal. 5. A (Academic) shall be applied to Lots 1, 2 and 3 within the Aspen Meadows owned by the Institute, MAA, and Physics, except where other zone dis- tricts have been designated as hereinabove provid- ed. 6. The zoning designations as specified in paragraphs 1 through 5 above are contingent upon the Develop- er providing precise survey boundaries of the zone districts prior to staff approval of the final plat. 7. Pending such time as the boundaries for the zone districts as described above are finalized and accepted, or no longer than six (6) months, which- ever period is shorter, no building permit shall be issued by the Chief Building Official for any development in the Aspen Meadows which would be prohibited by the zoning districts herein desig- nated and authorized. Section 12 Pursuant to Sections 24-7-804B and D(2) of the Municipal Code, the City Council finds as follows in regard to the Developer's requests fo~ variations from subdivision and subdivi- sion improvement requirements, easement and utility requirements, design standards for streets and related improvements, and zone district dimensional and minimum lease requirements: 1. The proposed variations are compatible with exist- ing development and land uses in the area and surrounding neighborhoods and are not in conflict with the provisions or goals of the Aspen Meadows Master Plan. 2. The proposed variations will not adversely impact public facilities or public safety. 2O 27979~ B-78~ ~'-831 09/~0/94 10:19A PG 21 OF ~8 Section 13 Pursuant to the findings as set forth in Section 12 above and in accordance with Section 24-7-804D(2), as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, the city Council grants the following variations from subdivision development standards and zone district dimensional and minimum lease requirements as set forth in the Plan: 1. Curbs, gutters and sidewalks need not be provided within the development. 2. Alleys, paved or unpaved, do not need to be pro- vided. 3. Traffic control signs shall be installed at the intersection of the new Meadows Road and Seventh and Eighth Streets, but no traffic signals need be provided. Speed zones shall be signed as deter- mined by the City Engineer. 4. If deteZ-mined to be necessary by the City Engi- neer, street lights need only be provided at the intersections of the new Meadows Road and Seventh and Eighth Streets. Ornamental street lights are desirable. 5. No street bridges need be provided. Culverts to accommodate irrigation ditches and drainage shall be installed. 6. Street right-of-way regarding new Meadows Road shall only be dedicated at lengths and widths as determined to be necessary by the City Engineer. 7. The minimtun csnterline curve radius for new Meadows Road may be reduced to 65 feet at and or near the intersection of Eighth Street, and right- of-way widths may be reduced to 40 feet. MaximLLm grade may be increased not to exceed 8%. Ail di- mensions shall be specified and confirmed on the final plat. 8, No street-end dedications need be provided. 21 37~793 B-76E P-83~ 09/30/94 iO:lgA ~G 22 OR 28 9. Cul-de-sac dimensions for Meadows Road may be increased to a maximum length of 2,000 feet with a turnaround diameter at the administration building of approximately 50 feet. 10. The new road aligrunent for Meadows Road shall remain "Meadows Road" in name. 11. Street trees lining new Meadows Road shall consist of cottonwoods of 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection of Eighth Street and extending north to the tennis courts. 12. Fire lane and emergency vehicle access ease- ments may be reduced in width upon approval of the Fire Marshal. 13. Utility easement dimensional and location requirements on lots other than those associ- ates with the single family lots may be re- duced or modified upon the approval of the City Engineer and easements need not be pro- vided in the absence of actual utility in- stallations. Ail proposed utility easements should be reflected on the final plat. 14. Fire hydrants shall and need only be situated within 350 feet of all structures. 15. The six (6) month minimu~ lease requirement for condominium units as contained at Section 24-7-1007 (A) (1) (b) (1) of the Municipal Code is waived as to the condominium units as depicted in the Plan. 16. A dimensional height variation for the center portion of the Tennis Townhomes is allowed for up to 3 feet. 17. A dimensional height variation for the north- ernmost Trustee House is allowed for up to 8 feet. 18. Minimum R-15 zone district lot size per dwelling is reduced to 12,000 square feet for Lots 7, 8, 9 and 10. 22 37479~ B-76~ P-8~ 09/30/94 10:lgA PG 23 OF ~ 19. Minimum R-15 zone district side yard setback requirements are reduced to zero (0) feet for the west side of Lot 7 and the east side of Lot 10. 20. Minimum RMF zone district front yard setback require- ments for accessory buildings may be reduced to zero (0) feet for Lots 5 and 6. 21. Minimum R~F zone district open space requirements are waived for Lots 5 and 6 in consideration of the open space otherwise provided in the SPA development plan. Section 14 Pursuant to Section 24-7-1007 B of the Municipal Code, the City Council finds as follows in regard to the Plan's condo- miniumization component: 1. The 8 existing and 3 proposed Trustee Houses (Lot 5) and 7 proposed townhomes (Lot 6) to be condominitnnized are not presently leased on a long term basis. 2. A variation in the six (6) month minimum lease requirement is warranted and hem been authorized pursuant to Section 13 above. 3. The proposed condominiumization will not adversely impact the availability of afford- able housing. Section 15 Pursuant to the findings set forth in Section 14 above, and in accordance with Section 24-7-1007 of the Municipal Code, the city Council grants and awards condominiumization approval for the Plan as follows, subject to the conditions as specified herein: 1. For eight (8) existing and three (3) proposed Trustees Houses (Lot 5). 23 37~79~ B-76~ ~-8~4 ~9/~0/94 ~0~9A P~ ~4 OR 28 2. For seven (7) proposed townhomes (Lot 6). 3. Condominiumization as awarded in this Section is contingent upon the payment of an afford- able housing impact fee of $64,240.00, which fee shall be paid to the City Finance Direc- tor prior to recordation of as-built condo- miniu~ plats and declarations. Section 16 '' Ail material representations and co=mitments made by the Developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Co~ission, Historic Preservation Committee and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with es if fully set forth herein, unless a~ended by other specific condi- tions. Section 17 The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those zoning and rezonings actions as set forth in Section 11 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 18 Any development or proposed development in the Aspen Meadows not vested in accordance with law prior to the effective date of this Ordinance shall comply with the terms and provisions of the 24 37479~ B-7B~ P-835 09/~0/94 10~19A P~ ~ ~F 28 zone districts and conditions of development adopted pursuant to this Ordinance. Section 19 Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant Developer vested rights in the Plan as follows: 1. The rights granted in the site specific de- velopment plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested rights. Failure to timely and properly re- cord ell plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of vested rights. 2. The approvals as granted herein are subject to all rights of referendum and Judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or ap- provals are not inconsistent with the approv- als granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and'are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, build- ing, fire, plumbing, electrical and mechani- cal codes. In this regard, as a condition of this site development approval, the Developer shall abide by any and all such building, fire, plumbing, electrical and mechanical 25 37~793 B-7~ g'~36 1~9/~0/94 10:19A P~ ~6 OF ~S codes, unless an exemption therefrom is granted in writing. Section 20 The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adop- tion hereof. Such notice shall be given 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 pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following-described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Sectio~ 21 The City Clerk is further directed to record a copy of this ordinance in a timely manner after its final adoption with the Pitkin County Clerk and Recorder. Section 22 This Ordinance shall not effect 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. 26 Section 23 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 24 Public hearing(s) on the Ordinance shall be held on the day of 7~ , 1991, in the City Council Cham- bers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the City of Aspen on theo~ day of William L. stifling, Mayor , city Clerk ADOPTED, pas,sd and approved this y of , 1991, William L. Stifling, Mayor 27 Koch, Ci=y Clerk 37479~ B-762 ~,-838 09/30/94 10:lgA PS 28 OF 28