HomeMy WebLinkAboutordinance.council.032-93 ~558408 07/01/95 15:51 Rec ~55.00 BK ?l& PG 595
ORDINi~CE N0.32
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A FINAL
PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN AND GROWTH!
M~NAGEMENT QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES
AND VESTED RIGHTS FOR THE ASPEN CITY SHOP LOCATED AT 1080 POWER
PLANT ROAD, A 1.24 ACRE METES AND BOUNDS PARCEL IN THE CITY OF
ASPENt PITKIN COUNTY, COLORADO.
WHEREAS, the Aspen City Shop has occupied the historic Castle
Creek Hydroelectric Power Plant location since the mid 1950's
without any major expansions or renovations; and
WHEREAS, the Streets Department has needed more modern and
efficient operating conditions to optimize the maintenance
functions for the City's fleet of vehicles and heavy equipment; and
WHEREAS, after input from the City's "Blue Ribbon Committee",
a Master Plan for the city Shop was endorsed by the City Council
and adopted by the Planning and Zoning Commission in November of
1992; and
WHEREAS, the City Shop parcel is zoned Public (PUB) with a PUD
(Planned Unit Development) overlay; and
WHEREAS, the City of Aspen Streets Department (Applicant)
submitted an application (the "Plan") to the Planning Office for
Final (Consolidated) PUD review, GMQS Exemption for Essential
Public Facilities, Stream Margin Review, Special Review for
Parking, and Conditional Use for a maintenance shop in the Public
(PUB) zone; and
WHEREAS, the Planning Office received referral comments from
the City Engineer, Housing Office, Fire Marshal's office, Parks
Department, Sanitation District, and the Environmental Health
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Department; and
W~EREAS, upon review of the application, referral comments,
and the applicable code standards, the Planning Director forwarded
a recommendation for approval of the Plan with conditions to the
Planning and Zoning Commission; and
W~EREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (5) (b) and Section 24-7-903(C) (3) of the
Municipal Code and did conduct a public hearing thereon on May! 4,
1993; and
Wq{EREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
(Planned Development), 4 of 7 (Special
7
Unit
Division
Article
Review), Division 5 of Article 7 (Development in an Environmentally
Sensitive Area - Stream Margin Review), Section 8-104 (C) (1) (b) of
Article 8 (Growth Management Quota System Exemptions by City
Council for Essential Public Facilities), and Division 3 of Article
7 (Conditional Use Review), the Planning and Zoning Commission has
recommended final approval of the Aspen City Shop project subject
to conditions, to the City Council; and
W~EREAS, the Planning and Zoning Commission further granted
Special Review approval for parking in a Public (PUB) zone
district, Stream Margin Review, and Conditional Use approval for
a maintenance facility in a Public (PUB) zone district; and
W~EREAS, the Aspen City Council has reviewed and considered
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the Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
W~EREAS, the City Council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of the Aspen Area Community Plan and the City Shop Master Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows=
Section 1: Pursuant to Section 24-7-903 B. Unit
(Planned
Development review standards) of the Municipal Code, and subject
%o those conditions of approval as specified hereinafter, the City
Council finds as follows in regard to the Plan's planned unit
development component:
1. The Developer's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is consistent with the Aspen Area Community
Plan.
3. The Plan is consistent with the character of existing
land uses in the surrounding area.
4. The Plan will not adversely affect the future development
of the surrounding area.
5. The Plan approval is being granted only to the extentl to
which GMQS exemptions are obtained by the applicant.i
Section 2: Pursuant to the findings set forth in Section 1 above,
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the City Council grants consolidated Final PUD development plan
approval for the Aspen City Shop subject to the following
conditions:
1. The applicant shall revise the site development plan as
discussed in the Engineering Department referral memo prior
Engineering's sign-off of any building permits.
2. A public right-of-way shall be dedicated through the property
for Power Plant Road. The right-of way shall be approximately
32' wide at the south property line, flaring to 45' at the
north property line. It shall be no closer than 5' to the
historic structure. Dimensional limitations of the project
may change because of the r.o.w, dedication, but will not
effect the PUD approval. The dimensional limitation of the
project shall be stated in the PUD agreement and shalll be
illustrated on the recorded PUD Plan.
3. Prior to the issuance of any building permits, the plans for
hazardous material storage (oil, antifreeze, etc.) shalli be
reviewed by the Environmental Health Department for
conformance with State and EPA requirements.
4. The Final PUD Development Plan and PUD Agreement shall be
recorded in the office of the Pitkin County Clerk and
Recorder. Failure on the part of the applicant to record the
documents within a period of one hundred and eighty (180) days
following approval by the City Council shall render the
approvals invalid.
5. The Castle Creek bank along the east side of Power Plant Road
shall be cleaned up as part of the general_site/stream bank
clean-up. The Applicant shall work with staff to address the
erosion and street sand sedimentation problems. Solutions may
include, but shall not be limited'to curb and gutters, drop
inlets with clean-outs, valley pan run-off control, and
channel drains which can be cleaned out.
Seotion 3: Pursuant to Section 24-8-104 C.l.b. of the Municipal
Code, the City Council finds as follows in regard to the
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1. The City's proposal for renovation and expansion of the
City Shop facility is essential for the public purpose
of maintaining the City's fleet of vehicles and road
maintenance equipment for the citizens of the cityl of
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Aspen and the general public.
2. The renovation and expansion of the City Shop facilities
causes no increased impacts of additional employees,
parking, road and transit services, or basic services
including water, sewage and drainage, emergency services,
and solid waste disposal and does not adversely affect
the air, water, land, energy resources, and is visually
compatible with the surrounding area.
Section 4: Pursuant to the findings set forth in Section 3 above,
the City Council grants Growth Management Exemption for an
essential public facility for the following new development and
renovation at the Aspen City Shop:
1) the renovated power plant building of 5,171 s.f.;
2) a new 3,480 s.f. cold storage shed replace the existing
building;
3) a 8,245 s.f. maintenance shop building with upper mezzanine
for storage; and
4) a 1,920 s.f. administration building for offices, employee
areas and restrooms.
Section 5: All material representations and commitments madelby
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Historic Preservation Committee, the Planning and Zoning Commission
and 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 other specific
conditions.
Section 6: Pursuant to Section 24-6-207 of the Municipal Code,
the City Council does hereby grant the applicant vested rights for
the Aspen City Shop Final PUD Plan as follows:
1. The rights granted by the site specific development plan
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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 property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be 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 or the City provided
that such reviews or approvals are not inconsistent with the
approvals 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, building, fire, plumbing, electrical and
mechanical 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
codes, unless an exemption therefrom is granted in writing.
Section 7: 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 repeaied 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: The City Clerk shall cause notice of this Ordinance!to
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
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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.
Section 10: That the City Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
Section 11: A public hearing on the Ordinance shall be held on the
/~ day of ~=~_~, 1993 at 5:00 in the City Council Chambers,
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Aspen City ~all, 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 t,,~ity Council of the City of Aspen on the ~/ day of
Joh~ Bennett, Mayor
( ~ F~N~LLY, a4opte4, passed anO agprovod ?is ~ day of
K~rff~ ~/~o~ch, ~ity Clerk