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HomeMy WebLinkAboutordinance.council.006-97AN ORDINANCE OF THE CTTY COUNCIZ OF THE CTTY OF ASPEN, COLORADO, TO APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) `~ DEVELOPMENT PLAN AND TO REZONE THE ASPEN CENTER FOR ENVIItONMENTAL STUDIES (ACES) TO THE ACADEMIC ZONE DISTRICT, TO AMEND CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT SECTION 26.28.230(C)(1), CONDITIONAL USES IN THE ACADEMIC ZONE DISTRICT, AND TO APPROVE AGMQS EXEMPTION FOR AFFORDABLE HOUSING ORDINANCE No. 6, SERIES OF 1997 WHEREAS, the Trustees of the Aspen Center for Environmental Studies (hereafrer "Applicant") submitted an application (hereafter "Plan") to the Community Development Department to rezone to the Academic zone district and to designate the property as a Specially Planned Area (SPA); and WHEREAS, the Applicant has also requested approval of a text amendment to allow "attached residential dwellings" as a conditional use in the Academic zone district; and WHEREAS, the Applicant has also requested a GMQS Exemption to construct five deed- restricted affordable housing units for ACES employees in two new structures: a straw bale structure "" containing two one-bedroom units and a "treehouse" structure containing three studio units. The structures are also intended to serve as a model for the community of environmentally sensitive employee housing; and WHEREAS, approximately 4 acres of ACES is located within the City of Aspen and the remaining 21.5 acres are located immediately adjacent to the City of Aspen in the AFR-10 zone district; and WHEREAS, the City Council, by Ordinance No. 7, Series of 1997, at its regular meeting on February 24, 1997, did approve the Hallam Lake Annexation. WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a public hearing thereon on January 7, 1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 .yo-.. RECEPTION#: 565662, 12129/2009 at 10:02:03 AM, 1 OF 5, R $26.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a public hearing thereon on January 7, 1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 (Text and Map Amendments) and Section 26.80.040(B) (Development in a Specially Planned Area), the Planning and Zoning Commission has recommended approval of the Final SPA Development Plan and the proposed map and text amendment by a vote of 6-0; and WHEREAS, the Planning and Zoning Commission further granted Special Review approval for parking and Conditional Use Review approval for attached residential units; 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 a public hearing; and WHEREAS, the City Council finds that ACES is a very unique institution which enhances our community by maintaining the Hallam Lake Nature Preserve and providing environmental education, and that designating the property as a Specially Planned Area benefits the city's residents and visitors by allowing flexibility to accommodate the variety of uses which currently exist; and WHEREAS, the City Council finds that the existing and proposed uses at ACES are consistent with the purpose of the Academic zone district "to establish lands for education and cultural activities with attendant research, housing and administrative facilities"; and WHEREAS, the City Council finds that proposed housing units will be deed-restricted in accordance with the housing guidelines, are compatible with surrounding uses and will have a minimal impact on the land; and WHEREAS, the City Council finds that the Plan is consistent with the goals and elements of the Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the Municipal Code; and WHEREAS, the approvals granted herein are specifically conditioned upon City Council approval of said Petition for Annexation by Ordinance duly adopted. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regazd to the proposed map and text amendments: 1. The proposed amendments aze not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. The proposed amendments are compatible with surrounding zone districts and land uses, and will have a minimal impact on the natural environment. The proposed amendments will promote the public interest and chazacter of the City of Aspen. Section 2: Pursuant to Section 26.92 of the Aspen Municipal Code, the City of Aspen Zone District Map is hereby amended to rezone the Aspen Center for Environmental Studies to the Academic zone district with a Specially Planned Area (SPA) Overlay. The legal description is attached as Exhibit A. Section 3: Section 26.28.230(C)(1), conditional uses in the Academic zone district, is hereby amended, which text shall read as follows: Boardinghouse, dormitory, and attached residential dwellings for housing students and faculty of schools and other academic institutions. Section 4: Pursuant to the findings set forth in Section 1 above, the City Council's approval of the Plan is subject to the terms and conditions of said Annexation Agreement and upon adoption by the City Council of an Annexation Ordinance annexing the subject property to the City of Aspen; and subject to the following conditions: n _.„, 1. The applicant and the City Council shall enter into an SPA agreement binding the real property to any conditions placed on the development order approving the final development plan. 2. The final development plan, which shall consist of the site plan of the entire site; site improvement survey of the area being developed, including building footprints, utilities, easements, and landscaping; building elevations; and the Specially Planned Area (SPA) agreement, shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by city council shall render the plan invalid. Reconsideration of the final development plan and SPA agreement by the commission and city council will be required before its acceptance and recording. 3. The final development plan shall be recorded prior to submission of any building permits for the proposed housing units. 4. The applicant shall construct sidewalk, curb and gutter along the portion of Puppy Smith Street adjacent to the property, prior to issuance of a Certificate of Occupancy for the new dwelling units, or shall enter into an agreement with the City Engineer to construct sidewalk, curb and gutter, or appropriate alternate facilities, at such time in the future as deemed appropriate by the City Engineer. 5. At building permit submittal, the applicant shall provide a letter from an engineer registered in the State of Colorado stating that the property can absorb all additional drainage created by the new development without undue impact on the municipal storm sewer system. 6. The applicant shall join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of--way. 7. Prior to the issuance of any building permits, the applicant shall deed restrict the units to the Category 2 guidelines. ACES shall have first choice to rent the units to their employees. 8. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department, prior to issuance of any building permits. 9. Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall inspect the units to ensure compliance with the conditions of approval. 10. All material representations made by the applicant in the application and during public heazings shall be adhered to and considered conditions of approval, unless otherwise amended. Secti n :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. ~,.... ection If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competentjurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: A public hearing on the Ordinance shall be held on the 24th day of February, 1997 ,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. ection :This Ordinance shall not become effective unless and until the City Council approves the Petition for Annexation by duly enacted Ordinance annexing the subject property to the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of January, 1997. ,I ~? r :q r J /rs' Katd>~n;S~~. ~ h, City Clerk ~~ John ennett, Mayor FINALLY adopted, passed and approved this 24th day of February, 1997. ~;. .a 1` ~ w ;,r1t~~t: , ,. ~r ._~, " .I~a r 5(~' ;City Clerk ~, suzah=i~e~Ye penlcases\spa\aces\ord.doc ~- r~- John B nett, Mayor w. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO APPROVE THE CONCEPTUAL/FINAL SPECIALLY PLANNED AREA (SPA) _ DEVELOPMENT PLAN AND TO REZONE THE ASPEN CENTER FOR ENVIItONMENTAL STUDIES (ACES) TO THE ACADEMIC ZONE DISTRICT, TO AMEND CHAPTER 26 OF THE ASPEN MUNICIPAL CODE TO WIT SECTION 26.28.230(C)(1), CONDITIONAL USES IN THE ACADEMIC ZONE DISTRICT, AND TO APPROVE AGMQS EXEMPTION FOR AFFORDABLE HOUSING ORDINANCE No. 6, SERIES OF 1997 WHEREAS, the Trustees of the Aspen Center for Environmental Studies (hereafter "Applicant") submitted an application (hereafter "Plan") to the Community Development Department to rezone to the Academic zone district and to designate the property as a Specially Planned Area (SPA); and WHEREAS, the Applicant has also requested approval of a text amendment to allow "attached residential dwellings" as a conditional use in the Academic zone district; and WHEREAS, the Applicant has also requested a GMQS Exemption to construct five deed- restricted affordable housing units for ACES employees in two new structures: a straw bale structure containing two one-bedroom units and a "treehouse" structure containing three studio units. The structures are also intended to serve as a model for the community of environmentally sensitive employee housing; and WHEREAS, approximately 4 acres of ACES is located within the City of Aspen and the remaining 21.5 acres are located immediately adjacent to the City of Aspen in the AFR-10 zone district; and WHEREAS, the City Council, by Ordinance No. 7, Series of 1997, at its regular meeting on February 24, 1997, did approve the Hallam Lake Annexation. WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a public hearing thereon on January 7, 1997; and _ _ WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those r- procedures set forth at Sections 26.80.040(A) and 26.92.030 of the Municipal Code and did conduct a public hearing thereon on January 7, 1997; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Municipal Code, to wit, Section 26.92.020 (Text and Map Amendments) and Section 26.80.040(B) (Development in a Specially Planned Area), the Planning and Zoning Commission has recommended approval of the Final SPA Development Plan and the proposed map and text amendment by a vote of 6-0; and WHEREAS, the Planning and Zoning Commission further granted Special Review approval for parking and Conditional Use Review approval for attached residential units; 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 a public hearing; and WHEREAS, the City Council finds that ACES is a very unique institution which enhances our community by maintaining the Hallam Lake Nature Preserve and providing environmental education, and that designating the property as a Specially Planned Area benefits the city's residents and visitors by allowing flexibility to accommodate the variety of uses which currently exist; and WHEREAS, the City Council finds that the existing and proposed uses at ACES are consistent with the purpose of the Academic zone district "to establish lands for education and cultural activities with attendant research, housing and administrative facilities"; and WHEREAS, the City Council finds that proposed housing units will be deed-restricted in accordance with the housing guidelines, are compatible with surrounding-uses and will have a minimal impact on the land; and 2 WHEREAS, the City Council finds that the Plan is consistent with the goals and elements of the Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the Municipal Code; and WHEREAS, the approvals granted herein are specifically conditioned upon City Council approval of said Petition for Annexation by Ordinance duly adopted. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: c ion 1: Pursuant to Section 26.92.020 (Standards of Review) of the Municipal Code, the City Council finds as follows in regard to the proposed map and text amendments: The proposed amendments are not in conflict with the provisions of Chapter 26 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed amendments are compatible with surrounding zone districts and land uses, and will have a minimal impact on the natural environment. The proposed amendments will promote the public interest and character of the City of Aspen. ec i n 2: Pursuant to Section 26.92 of the Aspen Municipal Code, the City of Aspen Zone District Map is hereby amended to rezone the Aspen Center for Environmental Studies to the Academic zone district with a Specially Planned Area (SPA) Overlay. The legal description is attached as Exhibit A. Section 3: Section 26.28.230(C)(1), conditional uses in the Academic zone district, is hereby amended, which text shall read as follows: Boardinghouse, dormitory, and attached residential dwellings for housing students and faculty of schools and other academic institutions. Section 4: Pursuant to the findings set forth in Section 1 above, the City Council's approval of the Plan is subject to the terms and conditions of said Annexation Agreement and upon adoption by the City Council of an Annexation Ordinance annexing the subject property to the City of Aspen; and subject to the following conditions: 1. The applicant and the City Council shall enter into an SPA agreement binding the real property to any conditions placed on the development order approving the final development plan. 2. The final development plan, which shall consist of the site plan of the entire site; site improvement survey of the area being developed, including building footprints, utilities, easements, and landscaping; building elevations; and the Specially Planned Area (SPA) agreement, shall be recorded in the office of the Pitkin County Clerk and Recorder, and shall be binding upon the property owners subject to the development order, their successors and assigns, and shall constitute the development regulations for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA agreement within a period of one hundred and eighty (180) days following its approval by city council shall render the plan invalid. Reconsideration of the final development plan and SPA agreement by the commission and city council will be required before its acceptance and recording. The final development plan shall be recorded prior to submission of any building permits for the proposed housing units. 4. The applicant shall construct sidewalk, curb and gutter along the portion of Puppy Smith Street adjacent to the property, prior to issuance of a Certificate of Occupancy for the new dwelling units, or shall enter into an agreement with the City Engineer to construct sidewalk, curb and gutter, or appropriate alternate facilities, at such time in the future as deemed appropriate by the City Engineer. At building permit submittal, the applicant shall provide a letter from an engineer registered in the State of Colorado stating that the property can absorb all additional drainage created by the new development without undue impact on the municipal storm sewer system. 6. The applicant shall join any improvement districts that are formed for the purpose of constructing improvements in adjacent public rights-of--way. Prior to the issuance of any building permits, the applicant shall deed restrict the units to the Category 2 guidelines. ACES shall have first choice to rent the units to their employees. A tree removal and mitigation plan shall be submitted for review and approval by the Parks Department, prior to issuance of any building permits. 9. Prior to issuance of a Certificate of Occupancy, Community Development and Housing staff shall inspect the units to ensure compliance with the conditions of approval. 10. All material representations made by the applicant in the application and during public hearings shall be adhered to and considered conditions of approval, unless otherwise amended. i n 5: 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. 4 Section 6: 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 7: A public hearing on the Ordinance shall be held on the 24th day of February, 1997 ,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. ection 8: This Ordinance shall not become effective unless and until the City Council approves the Petition for Annexation by duly enacted Ordinance annexing the subject property to the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of January, 1997. Attest: Kathryn S. I h, City Clerk ~~ John ennett, Mayor FINALLY adopted, passed and approved this 24th day of February, 1997. Attest: Kathryn S, K ,City Clerk ~/ John B ett, Mayor suzannew\aspen\cases\spa\aces\ord.doc