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HomeMy WebLinkAboutordinance.council.026-95 II ~---:._. ."".'.'. lti ~, 'IQ:!-".. 386875 R--798 [iILVIA DAVIS P-95 10/31/95 08:44A PG 1 OF 9 PITKIN CO~~TY CLERK & REDJRDER ORDINANCE NO.26 (SERIES OF 1995) REC 1,.6.I2I1ZI DOC NO AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE ASPEN CENTER FOR PHYSICS FINAL SPA DEVELOPMENT PLAN APPROVAL AND AMENDMENT TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN, GROWTH MANAGEMENT EXEMPTION, AND VESTED RIGHTS FOR THREE YEARS FOR THE PURPOSE OF REPLACING HILBERT HALL WITH AN APPROXIMATELY 11,000 SQUARE FEET BUILDING LOCATED AT 600 WEST GILLESPIE STREET (LOT. 3 OF THE ASPEN MEADOWS SUBDIVISION) IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Aspen Meadows Master Plan was completed in 1990; and WHEREAS, the Aspen Center for Physics was involved in the 1990 Master Plan process; and WHEREAs,(the Aspen Meadows Specially Planned Area (SPA) was approved in 1991; and WHEREAS, the Planning Director did receive from the Aspen Center for Physics (Applicant) and has reviewed and recommended for approval an application (the "Plan") for an amendment to the Aspen Meadows SPA Final Development Plan, Final SPA Development Plan, and special review for parking in the Academic Zone, to replace the Hilbert Hall facilities at the Applicant's campus area; and WHEREAS, a request for Vested Rights for the development was submitted to the Planning Office within the SPA application; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code the City Council may grant Vesting of Development Rights for a site specific development plan for a period of three years from the date of final development plan approval; and WHEREAS, the Planning and Zoning commission reviewed the development proposal in accordance with those procedures set forth 1 386875 .. 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B--798 P-9b 10/31/95 08:44R PG 2 OF <:) at section 24-6-205(A) (5) of the Municipal Code and did conduct public hearings thereon on April 4 and 25, 1995; and WHEREAS, the Historic Preservation Committee conducted advisory reviews on March 22 and April 12, 1995; 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), Division 4 of Article 7 (Special Review), and Division 1 of Article 8 (Growth Management Exemption) the Planning and zoning commission has approved special review for parking in the Academic zone, and recommended approval of the Aspen Center for Physics Final SPA Development Plan and amendment to the Aspen Meadows SPA Final Development Plan and exemption from growth management competition and mitigation subject to conditions, to the 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, reviewed considered those has and 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 WHEREAS, the City Council finds that this Ordinance furthers 2 3El6875 B-798 P-97 10/31/95 08,44A PG 3 OF 9 ,~. I., 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 the e <z: " 6. The 7. The the Plan employs land planning techniques to limit impacts to environment and provides public and private amenities. Plan is in compliance with the Aspen Area Community Plan. Plan does not require the expenditure of public funds for 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 approval and amendment to the Aspen Meadows SPA Plan for the Aspen Center for Physics as presented as "Scheme B" subject to the following conditions: 1. The six space parking area in the sixth Street right-of-way shall be eliminated. -- 2. The 20 space parking area shall be improved prior to the 3 -' ~, \~ e, ,if.. "'. ~ "" e, ~~ ~.- 386875 [l-'798 P-98 10/31/95 08,44~ PG 4 OF C) issuance of a certificate of Occupancy. Recycled asphalted gravel or similar low-dust material shall be used. At least one handicap accessible parking space should be provided in this lot. 3. Any increase in storm run-off must be contained on the property. 4. The applicant shall agree to ]ol.n any future improvement districts which may be formed for construction of right-of- way improvements. 5. The applicant shall consult City Engineering for design considerations of development within public rights-of-way, Parks Department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets Department. 6. Prior to the issuance of any building permits, the applicant shall sign a curb, gutter, and sidewalk agreement and provide recording fees for the agreement. 7. Any new surface utility needs for pedestals or similar equipment must be installed on an easement on the property, not in the public right-of-way. 8. Trash/recycle areas must be shown on the final development plan. These areas cannot block access to utility meters or equipment. 9. Bike racks shall be shown on the final development plan. 10. The revised SPA Plan must include a signature block for the Sanitation District approving the sewer relocation. 11. No digging shall occur within the driplines of the existing trees to be saved. Barricades must be erected prior to any construction activity on the site. Any exposed roots must be protected during construction per Parks staff direction. The applicant must work closely with Parks staff during construction to implement any other warranted tree protection measures. 12. The project representative shall contact the Sanitation District to review abandonment requirements for the Hilbert Hall service lines. 13. Fees for Sanitation District reviews and construction observation must be submitted well in advance of building permit issuance to insure adequate review time and observation scheduling. 4 386875 - ,- .. tA. .. B-798 P'-99 10/31/95 08:44R PG 5 OF 9 14. The ditch needs a separate minimum easement width of three feet. There shall be at least 15 feet betw~en the building and the property line to comfortably accommodate both a trail and ditch. 15. The trail at sixth street needs to be extended northeast to Gillespie Avenue for connection to the MAA area. 16. The applicant must verify that the proposed pond is acceptable per the District Water commissioner. 17. The proposed spruce trees in the Gillespie right-of-way must be eliminated or replaced with deciduous species to lessen intrusion into vehicular sight distances. 18. Removal of understory trees and shrubs among the cottonwoods along the North street right-of-way is prohibited. 19. The applicant shall present a traffic mitigation plan (including construction related traffic) to the Community Development Office and Planning and Zoning commission for approval prior to the issuance of any building permits for this site. 20. The amended 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 amended SPA Development Plan within a period of one hundred and eighty (180) days following approval by the city Council shall render the PUD Plan approval invalid and reconsideration and approval of both by the Commission and City Council will be required before their acceptance and recording, unless an extension or waiver is granted by city Council for a showing of good cause. 21. The setback of the west side of the new building shall not be less than 27 feet 10 inches. 22. The applicant shall amend the landscaping plan to add cottonwood trees along the 6th street right-of-way to complete the row of trees, to add landscape screening along the west side of the colloquium room, and within the existing trees along the NOrth street right-of-way. The landscaping plan shall seek to open and enhance view plane through the "quadrangle" space westward from Gillespie street. said plan shall be approved by Planning prior to the issuance of any building permits. 23. 6th street shall b signed for no parking between North and Gillespie streets. 24. Shades must be provided for windows facing south, west and east. 5 [~e;. " \\"". .'.'.'.. '\ -q. ',.~ - 386875 8-798 P-100 10/31/95 08:44A PG 6 DF 9 25. Exterior lighting shall be kept to minimum UBC requirements and shall not "wash" the building with light. 26. Public use of the colloquium room shall be permitted. 27. Trail material and width shall be approved by Planning and Parks staff prior to the approval of the SPA Agreement and Plan for recordation. The easements shall not be less than 8 feet wide and the trails shall not exceed 6 feet in width. 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 ~equest for Growth Management Quota system development exemption for essential public facilities: 1) The Aspen Center for Physics proposed replacement of Hilbert Hall is essential for their continued use of the Aspen Meadows property. 2) The programs and activities sponsored and or hosted by the Aspen Center for Physics the Aspen Meadows facilities have historically 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 Center's facilities have served and continue to serve important community needs and proposed reconstruction 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 II, 000 square foot building on the basis that such development is for essential public facilities. 6 lie. ~, '<,- I\e"...... \+, '''-\c, -~ \~. "-\;::.. 386<:175 8-798 P-101 10/31/95 08~44A PG 7 OF 9 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: Pursuant to section 24-6-207 of the Municipal Code, City council does hereby grant the Applicant vested rights for the site specific development plan as follows: The rights granted by the site specific development plan approved by this Ordinance shall remain vested until ,1998. 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. 1. 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 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. 7 I~..' ~. ~ ..~... \:'<.. ~e 3B6875 8-798 P-102 10/31/95 0B~44A PG 8 ClF 9 section 7: 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. 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 B: 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 9: 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 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 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 B ~.:""" '0 '\:'", ..:" '1\,,, e'.'.. ~t '4~, t 3136875 8-7913 P-103 10/31/95 08,44R PG 9 OF' 9 newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the city council ~, 1995. of the city of Aspen on the 1;;- day of (jL (~ ..4A-", ~I . John Bennett, Mayor .~~ ' xl " Kathryn S. Koch, city Clerk r~N'LLY: adopted, passed and approved this If) day of 1995. John B~' ~~ 9