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HomeMy WebLinkAboutordinance.council.021-94 ORDINANCE N0.21 (SERIES OF 1994) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE ASPEN INSTITUTE AN AMENDMENT TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN AND GROWTH MANAGEMENT EXEMPTION FOR THE PURPOSE OF ADDING APPROXIMATELY 2,410 SQUARE FEET OF SEMINAR FACILITIES AT THE PAEPCKE AUDITORIUM COMPLEX AT 1000 NORTH STREET (LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION) IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the'Aspen Meadows Specially Planned Area (SPA) was completed approved in 1991; and WHEREAS, the Aspen Institute was a co-applicant in the 1991 approvals and Lot 1-B is within the Aspen Meadows SPA boundary; and WHEREAS, the Planning Director did receive from the Aspen Institute (Applicant) and has reviewed and recommended for approval an application (the "Plan") for an amendment to the Aspen Meadows SPA Final Development Plan to expand the seminar facilities at the Institute's east campus area; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A) (5) of the Municipal Code and did conduct a public hearing thereon on May 3, 1994; and WHEREAS, 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 8 of Article 7 (Specially Planned Area) and Division 1 of Article 8 (Growth Management Exemption) the Planning and Zoning Commission has recommended approval of the Aspen Institute's amendment to the Aspen Meadows SPA Final Development Plan and exemption from growth management competition and mitigation subject to conditions, to the 1 City Council; and WHEREAS, the Aspen City Council has reviewed and considered 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 WHEREAS, 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 W~EREAS, 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 24-7-804 B. of the Aspen Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plan's SPA development component: 1. The Applicant's final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The Plan is compatible with and enhances the mix of development in the immediate vicinity. 3. Sufficient public facilities exist to serve the development. 4. The parcel is generally suited for development considering topography and natural hazards. 5. The Plan employs land planning techniques to limit impacts to the environment and provides public and private amenities. 6. The Plan is in compliance with the Aspen Area Community Plan. 7. The Plan does not require the expenditure of public funds for the subject parcel or the neighborhood. 8. No development is proposed on slopes of 20% or greater. 9. No GMQS allocations or exemption are necessary for the Plan except for as approved within this ordinance. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants SPA Final Development Plan amendment approval for the Aspen Institute subject to the following conditions: 1) The Sanitation District must review and sign off on sewer plans via a letter to the Planning Office prior to issuance of any building permits. 2) A detailed landscaping plan shall be reviewed and approved by Planning prior to the issuance of the building permits. 3) The Amended Final SPA Development Plan 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, unless reconsideration and approval of both the Commission and City Council is obtained before their accep- tance and recording, or an extension or waiver is grantediby City Council for a showing of good cause. 4) The Aspen Institute shall share continued responsibility to comply with the Meadows Traffic Mitigation Plan. Section 3: Pursuant to Section 24-8-104 (C) (1) (b) (i-iii) 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 Institute's proposed expansion of the seminar facilities is essential for their continued use of the Aspen Meadows property. 2) The programs and activities sponsored and or hosted by the Institute at the Aspen Meadows facilities have historically 3 provided intellectual and cultural enrichment to the citizens of the city of Aspen without which the City would not have attained its present character and standing in the national and international community. Furthermore, the Institute facilities have served and continue to serve important community 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. 3) The Institute's proposed development involves essential public facilities, will enhance existing essential public facilities, and is not-for-profit in nature. Section 4: Pursuant to Section 24-8-104 (C) (1) (b) (i-iii) of the Municipal Code, and the findings set forth in Section 6 above, the City Council awards and grants growth Management Quota System development exemptions from competition and affordable housing impact mitigation for the approximately 2,410 square foot building expansion on the basis that such development is for essential public facilities. Section 5: All material representations and commitments made by the developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before 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: 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 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, 4 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 8: 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 9: A public hearing on the Ordinance shall be held on the /3 day of~, 1994 at 5:00 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 ~D ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the~ day of ~ , 1994. John Bennett, Mayor FINALLY, adopted, passed and approved this /~ day of ~ 1994. ~, City Clerk 5