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HomeMy WebLinkAboutordinance.council.003-95 ORDINANCE NO. 3 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GP~NTING AN AMENDMENT FOR THE ASPEN YOUTH CENTER SPECIALLY PLANNED AREA FINAL DEVELOPMENT PLANt ASPEN, COLORADO WHEREAS, the Aspen Youth Center Board has requested to amend the final Specially Planned Area (SPA) development plan for the Youth Center to expand the permitted uses in the building beyond only youth oriented activities providing a building for community oriented activities, and to activate the kitchen on a year-round basis; and WHEREAS, pursuant to Section 24-7-804.E.2 of the Municipal Code, if modifications to the final development plan are not consistent with the approved final development plan, the amendment shall be subject to both conceptual and final development plan review and approval pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final development plan; and WHEREAS, although staff finds that the proposed amendment is consistent with the approved final development plan, that because of the representations made during the SPA review in 1990, the proposed amendments are not insubstantial in nature therefore requiring a full review by the Commission and City Council; and WHEREAS, the Planning and Zoning Commission (Commission) reviewed the amendment request at a duly noticed public hearing September 20, 1994, and again November 1, 1994; and WHEREAS, during their review, the Commission was supportive 1 of the proposal to expand the uses of the building and agreed that appropriate use of the building would more efficiently sustain the youth-oriented programs; and W~EREAS, but the Commission also expressed the need to preserve the integrity of the Public zone district and to remain consistent with the concept of the original approval which was an exemption for the growth management process for an Essential Public Facility; and WHEREAS, the Commission imposed conditions of approval in order to allow the AYC board programmatic flexibility while preventing the building from becoming a commercial entity; and W~EREAS, the Commission also supported the theory that the on- site kitchen will be used as an accessory to the Youth Center and Rio Grande park as long as the use of the kitchen is operated as a vocational lab for students of the school district and the lease between the food operator and the AYC states that the kitchen should operate as an educational extension of the schools to the greatest extent possible; and W~EREAS, after review and consideration of the representations made by the applicant and Planning staff, the Commission recommends approval to Council, with conditions, of the SPA amendment; and W~EREAS, the Aspen City Council, having considered the Planning and Zoning Commission's recommendations, does wish to grant a SPA amendment with conditions. NOWv THEREFOREv BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR~DO: Section 1: That is does hereby grant an amendment to the SPA final development approval for the Aspen Youth Center with the following conditions: 1. Ail activities shall be either of a public nature, or sponsored by the Youth Center to generate funds for the Center. 2. The City and County shall not be required to pay rent for the use of the building. 3. The kitchen will operate as an accessory use to the Youth Center as a year-round learning center for vocational courses for students of the school district. The lease for the operator of the kitchen/diner shall state the operator shall offer vocations courses for students of the Aspen School District and to provide opportunities for employment or unpaid internships for youth during the school year. Aspects of the lease shall include rent payable to the Aspen Youth Center, employment or internships for youth during the school year, provision of food for Aspen Youth Center youth programs at cost, establishment of a reasonable price structure for affordability by youth and families, provision of a percentage of revenues to the Aspen Youth Center if any special events are catered either in the Center or outside the Center, operation of the kitchen should be an educational extension of the schools to the greatest extent possible. 4. The City Attorney's office shall review any leases or uses of the Center by other users. 5. The fee structure to use the Center shall be similar to the City Recreation Department fees and Colorado Mountain College fees. 6. The operator of the diner shall be entitled to erect a sign in accordance with the City Sign Code. the operator shall not be allowed to advertise as a stand alone retail food establishment; however, the operation may be promoted through Aspen Youth Center mailings and it may be advertised as the food provider in conjunction with any Aspen Youth Center advertisements or program announcements. 7. These conditions of approval and the amendment to the SPA approval shall be reflected in an amended lease between the City/County and the Youth Center. 8. All material representations made by the applicant during the public hearings with the Planning and Zoning Commission and City Council and in the application shall be adhered to and considered conditions of approval unless otherwise amended by specific conditions of approval. 9. An annual review of this amended programming and restaurant use 3 shall be conducted with the Planning and Zoning Commission at staff or Commissioner's request until such time as the Planning and Zoning Commission, in its sole discretion, by resolution, terminates this condition. Section 2: 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 3: 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 4: 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 hereof. Section 5: A public hearing on the Ordinance shall be held on the __ of__, 1995 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 AND ORDERED PUBLISHED as provided by law, by the city Council of the City of Aspen on the day of , 1995. John ~ennett, Mayor ~athryn S//Roch~ ~ity C~e~k FINALLY, adopted, passed and approved this day of , 1995. 4 EXHIBIT A YOUTH CENTER GROUND LEASE AGREEME~FT WITH C1T¥ AND COUNTY 6. Use of Leased Premises. (a) The Leased Premises shall be used exclusively by Lessee for the purpose of establishing and thereafter maintaining a meeting place for the youth of the City of Aspen and surrounding areas that is free of illegal dru~s~ non-medicinal alcohol~ and (e) Lessee shall not sell, convey, transfer, ~--~ .... pledge, surrender or otherwise encumber or dispose of this Lease, the Youth Center building, or any interest or estate created herein, except that Lessee shall have the right to pledge or otherwise encumber the Youth Center building in an amount not to exceed two hundred fifty thousand dollars ($250,000.00); provided, however, that any such encumbrance is made only after thirty (30) days prior written notice to the City and County; and, provided further, that any such encumbrance is made subservient and secondary to the City and County's interests in the Youth Center building as set forth in this Lease. (h) Lessee shall not permit any other person, persons, company, corporation, or organization to occupy or use the Leased Premises for a period of time in excess of two (2) consecutive weeks without the express written consent of the City and County. 19. Events of Default Defined. (e) Lessee's int~.~.~...~..~!~...~9~ 9~ ~ part hereof is assigned or transferred ii~ii~iiiiiiii~i~iiiiiii~iiiiiii~i)ii without the written consent of the Less~'~':~"'~:'~':~:~:'~'~""~'~:~':'~:'":~rein, either voluntarily or by operation of law or otherwise, or, ~0 i C: \WP 5 i~AYC\LEASE. AGR