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Home My WebLink Aboutordinance.council.056-95 ."i:_' \\ ~. 'e" IS,. hi 'it ~.\\. . ";;-0 ORDINANCE NO. 56 (SERIES OF 1995) AN FINAL ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE CITY OF ASPEN SPA PLAN APPROVAL FOR THE PURPOSE OF RELOCATION OF THE SNOWMELTER AT THE CITY-OWNED RIO GRANDE PARK IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Rio Grande Master Plan and SPA Development Plan were approved in 1993; and WHEREAS, the Planning Director did receive from the City of Aspen Streets Department (Applicant) and has reviewed and recommended for approval an application (the "Plan") for Final SPA Development Plan; 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 November 21, 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), and the Planning and Zoning commission has recommended approval of the city of Aspen's Rio Grande SPA Final Development Plan 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 1 e. %'f'... . ~, '", e:l '0 '\ " - ~l_ 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 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. 2 I),' , R '<co ~ ~~-,.... S, n 'l. It , \\\ '<.,.. section 2: Pursuant to the findings set forth in section 1 above, the City Council grants SPA Final Development Plan amendment approval for the relocation of the city of Aspen Snowmelter subject to the following conditions: 1. Straw bales and channelization shall be ins.talled to prevent any runnoff from the construction site from reaching the Roaring Fork River or any City rights-of-way. 2. Prior to the final installation and operation of the snowmelter, a dust mitigation plan shall be prepared and approved by the Aspen/Pitkin county Environmental Health Department. 3. Any surface utility needs for pedestals or o.ther equipment must be installed on an easement provided by the applicant and not in the public right of way. 4. The Final SPA Plan shall be recorded in the office of the pi tkin County Clerk and Recorder. Failure on the part of the applicant to record the Final SPA Development Plan within a period of one hundred and eighty (180) days following approval by the city Council shall render the SPA Plan approval of both the Commission and city Council invalid and reconsideration and approval of both the Commission and city Council will be required before the acceptance and recording, unless and extension or waiver is granted by City Council for a showing of good cause. 3 (\Ie' %\~ \'<", ~ ~. -. ~. 5. All material representations made by the applicant in the application and during public meetings with the Planning and zoning commission and City council shall be adhered to and considered conditions of approval, unless amended by other conditions. 6. That the applicant shall be responsible for installing a driveway pad and crosswalk to the satisfaction of the city Engineer. 7. Final design plans for the berm re-contouring and landscaping shall be reviewed and approved by the Community Development Department and the Parks Department. The access road shall not be narrowed toward the proposed basketball/half-pipe site, or adversely impact the proposed trail alignment. 8. The berm located at the west edge of the snowmelter site shall be re-contoured to a more natural appearance, and re-vegetated with native grasses and specimen trees. This requirement shall be integrated into the Master Landscape Plan in progress. In the event that the landscape plan is not completed, the Parks Department shall submit a landscape plan for review and approval to the community Development Department specific to the snowmelter location, including plant pallets and final contours for the berm. Under either circumstance, final landscaping shall take place as early as practical, and be completed by June 1, 1996. 4 e. i\ '\< 9. All plans for berming and re-vegetation shall be reviewed by the Parks Department and the Community Development Department to ensure consistency with the long-term plans for the Park. section 3: 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 4: 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 e: '\. 'c shall not affect the validity of the remaining portions thereof. section 5: 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 6: 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 newspaper of general circulation within the city of Aspen. t. 5 .i... ' ,.TRoooeEo, READ AND OROERED PUBL'S'ED aa provided by lav, \'i, by the city council of the city of Aspen on the A-:t- day of "12l{J/JfIV/JJ!.Jv.; 1995. .'.. " },\ ~, " el \~\ .. "'.. . Koch, city Clerk ~ I ~______.:;5tt- John Bennett, Mayor Il adopted, passed and approved this ()" . . FIN,ALLY, AJ1Umrkrttl ; 1995. ~ t? ____~.;&( John ennett, Mayor day of 6