Loading...
HomeMy WebLinkAboutordinance.council.011-97 405~14 ~)~/23/1997 ll: 491:10RDINGINC£ 1 of 11 R 55.00 D 0.00 N 0.00 PITI~I I C'~t~Y (:L.ERK ~ O~~CE OF THE CITY COUNCIL OF ( ~; ( ] I~ (,:) ~'/~PEN, COLO~O, TO ~PRO~ THE CONCEPTUAL/FINAL Sl'~l ;C[3 [ ]~ ~( ]~ [~A ,NED ~A (SPA) DEVELOPMENT PLAN AND TO ~ZONE LOT 5 ()Fq I~l S~[ {L~ ~¥ATER~CH TO ~ AC~E~C (A) ~ CONSERVATION (C) ZON}~ DIS I il [CI .~, ~ ~ TO G~ A GMQS E~TION FOR A NON-PROF[F ENI ~' ~" (J'-IA. ~G AS ~ ESSENT~L PUBLIC ~ t :-. Li O~ANCENo. 11 .S[ffi~;OF 19}'~ WHEREAS, the owner of Lot 5 of the Stillwaer ?,anci'L .<~.,lxli,'isi >~t, Kids Stuff Foundation, ",- - "~ lo t ~e I '.{.,mmunity Development (hereafter Apphcant ) submitted an application (hereaftel' ~ ~ Department to rezone to the Academic and Conservation zone d isM¢~ ~ al ~{! to designate the property as a Specially Planned Area (SPA); and WHEREAS, the Applicant has also requested approwd ot'a (iMQS Exemption to recognize the Foundation as a nonprofit entity qualifying as an essential public facility pursuant to Section 26.100.050(C)(2)(a)((3)) of the Aspen Municipal Code; and WHEREAS, Lot 5 of the Stillwater Subdivision contains approxi~nately 6.457 acres located in Pitkin County, immediately adjacent to the City of Aspen, in the AFR-2 zone district; and WHEREAS, the City Council, by Resolution No. 68, Series of 1996 and ResolutionNo. 3, Series of 1997, at its regular meetings on November 19, 1996 and January 13, 1997, respectively, did find the subject parcel to be eligible for annexation, meeting the provisions of the Municipal Annexation Act of 1965; and WHEREAS, the Planning and Zoning Commission reviewed the Plan in accordance with those procedures set forth at Sections 26.92.020 and 26.80.030(A) and (B) of the Aspen Municipal Code and did . Con~luct public hearings thereon on March 4, 1997 and March l l, 1997; and W~REAS, upon review and consideration of the ?lan, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code, to wit, Section 26.92.020 (Text and Map Amendments) and Section 26.80.040(B) (Development in a Specially Planned I IIIIII IIIII IIIIII IIIii IIII IIII1! 4;)5614 06/23/199'7 2 o( 11 R 56.~ D ~.~ N ~.~(~ ~;TK[~1 ,:,,~UI~;Y [~ERK -'- Area), the Pla~ing and Zoning Comn~issio,~ re, nth ~:: de:; p[,:o :lc Itt: 1: ~ al SPA Development PI~ and the proposed map amendment by a yore ot' ~~AS, pursuant to Resolution 9~'~)'l, h Phr 'i~Ig . d 5o~ in~, '~ommission ~er granted Special Review approval for parking and Cond~tto;~a; I st~ '~ ,e~eu :Pi ro~ ~11 ~ do~ito~ housing, a health care faciliW ~d a dining hall in the Academic zt',ne, ]~.tric m:t a s~i nrr ia.~: lool in the Conse~ation zone dis~ict; and ~~AS, pursumat to Resolution 97-04, the I~l~t, ~,ain~ ~d Zofing Commission ~her ~ted 8040 Greenline Review and Stream Margin Review approv~tks; and W~AS, the Aspen City Council has rex iewctl and con,,idek'ed the PI~ under the applicable provisions of the Municipal Code as identified herein, has revie~ ed trod considered ~ose recommendations and approvals as granted bY the Planning and Zoning Commission in Re~olution 97-04, ~d has ~en and considered public comment at a public he~ing; and '~' ~~AS, the City Council finds that the Kids Stuff Foundmion is a unique insti~tion which enh~ces our community, and that designating the propert) as a Specially Plmmed ~ea benefits the ciW's residents and visitors by allowing flexibility to accommodate the x~ ariety of proposed uses; ~d ~~AS, the City Council finds that the proposed uses at fl~e upper bench (described as "~e West P~ of Lot 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch Subdivision ~e consistent with ~e pu~ose of the Academic zone district "to establish lands tUr education and cul~ral activities wi~ a~end~t research, housing and administrative hcdtt~e ; and ~~AS, the Ci~ Council finds that the proposed uses at the lower bench (described as "~e East Pa~ of Lot 5" in Exhibit "A") of Lot 5 of the Stillwater Ranch Subdivision ~e consistent with the pu~ose of the Conservation zone district "to provide areas of low densiW development to e~ce public recreation, conse~e natural resources, encourage the production of crops m~d ~imals, ~d to contain urban ~ development"; ~d I IIIIII IIIII IIIIII IIIII IIII I!1111 IIIIII III IIIII IIII IIII 405814 08/237Xgg7 11:491:10RDXNANCE 3 of 11 R 58.08 D 0.00 N 0.00 PXTKXN COUNTY CLERK 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 proposed use qualifies for a GMQS Exemption as a nonprofit entity pursuant to Section 26.100.050(C)(2)(a)((3)) of the Municipal Code; 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. 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 Aspen Municipal Code, the City Council finds as follows in regard to the proposed map amendments: 1. 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. 3. The proposed amendments will promote the public interest and character 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 upper bench of Lot 5 of the Stillwater Ranch Subdivision, described in Exhibit "A" as "The West Part of Lot 5," to the Academic zone district with a Specially Planned Area (SPA) Overlay, and the lower bench of Lot 5 of the Stillwater Ranch Subdivision, described in Exhibit "A" as "The East Part of Lot 5," to the Conservation zone district with a Specially Planned Area (SPA) Overlay. The legal description is attached as Exhibit A. 405614 06/23/~ ,L~-~ - Section___ 3: Pursuant to Section 26.' ~; ( 5(( ' (2) ~ ~(~,~; ', )f ti: As:~ r '~/[t ' :ip Code, the Kids. S~ff Foundation is hereby granted a (iNI{.~5,, ~x:~ ~ ~tir~ t l~. art ,~]zl 2 =ten i' 5' q~ ~t i~' r ~. as an essential public faciliW. Section 4: Pursuant to tile findings sc~ forli in ! ::tic I ',th ~ 'e. Ih: ~;]t~ ¢ ,)u i :il's approval of the Plan is subject to City Council approval ol tl'~ Poi ion f ,r ~ :: ex~ .: ~:n I), [~t15 e~ac I c[ Ordinance annexing the subject property to fl~e City ol'Ast)en, anti i stti ,.,~Ct C~ ;1'.¢ q ]l~aW tlr!; '2'( n~liti:~: 1. The applicant and the City £'ounc~l shail enr, r nle ~ n _qP:'~ agreement binding the real property to any conditions placed on the dcx elct:men'. <:)~'Ce~; pprovirtg ~i~c fim[l development plan. 2. The final development plan, which shal car~i:~;t o:1 ~he si~e plan oS'thc entire site; site improvement survey of the area being dc~eloped, i~clnding building ~'ootprints, utilities, easements, and landscaping: building clc,~alions; trod the Specially Planned Area (SPA) agreement, shall be recorded in thc oft~ce o~'the Piti<in CotmD Clerk and Recorder, and shall be binding upon the property o~.ners subject to die dcx elopmeut order, their successors and assigns, and shall constitute the development rcguhttions t'or the prope~tY. De~relopment of the property shall be limited to the uses, densi~', con figuration, and all other elements and conditions set forth on the final development phm and SPA agreement. Failure on the part of the applicant to record the final development plan and SPA ugreement within a period of one hundred and eighty (180) days following its approval bv Cityr Council shall rondel' the plan invalid. Reconsideration of the final development plan and SPA agreement by thc Commlss~o~ and City Council will be required before its acceptance and recordiug. 3. The final development plm~ shall be recorded prior to submission of any building permits for the proposed housing units. 4. All conditions imposed by the Planning and Zoning Comm~sslon · March 11, 1997 Conditional Use, Special Review, 8040 Greenline, and Stream Margin Review approvals, as outlined in ResolutiOn 97-04, shall carry forward as conditions of the City Council approvals granted pursuant to this Ordinance. 5. No construction or bnilding permits shall be issued until the parcel has been finally annexed into the City of Aspen. 6. 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. Section fi: 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. reason held invalid, ~ um: ~sfi.., ~ al ~ to,: ~ tot ~: ,nil: ~ :nl j~ r s,~c kin.; t,:h potion shallbe deemed a separate, distinct an, t ~"d~ [:nd ,: ~ ~ ovi i ~n ~ ~ I sh ti roi ~ [Ye::t ] e }a idit~ . .:~the remaining potions thereof. CiW Council Chain ~crs, [ sl)e :: }h, ~ As :m ,: c~:oT'~., (, fitt<: ~ t2 ) da'. ~. orior to which hearing a public notice of the same was pt~blisl,: ~t t~' a ]lo,vsp:q~er of ..acm ':fl cir( ~: a~iot cvil}lill the CiW of Aspen. Section___ 8: ~is Ordinance sh:ti[ m~l become cflbctix e m~hess m~(t trot ~:he ('iW Council approves ~e Petition for A~exal ion by dul5 enacted Ord inanco annex ing the subj oct prope~ to the CiW of Aspen. ~PRO~D AS TO FORM: APPROVED AS TO CONTENT: ~~ ~:~'~'- :~' '~ Comlmmity Development Director CiW A~omey ~ODUCED, :~AD ~i) ORDERED PUBLIS~D as provided by law, by the CiW Council of~e City o[Aspen on d~3 ['_ day ot Alpine Surveys, Inc. 8 of ll R 51t.~10 D 0.~10 N 0.00 PZTKZN COUNTY CLERK Post Office Box 1730 Aspen, Colorado 81612 ....................................... ~'~0 925 26~8 MARCH 14, 1997 JOB NO. 97-1 KIDS STUFF FOUNDATION LEGAL DESCRIPTIONS FOR RE-ZONiNG LOT 5, STILLWATER RANCH/P.U.D. DESCRIPTION OF THE WEST PART OF LOT 5 THE WEST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/ P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING.'.~AT THE.WEST.CORNER'OF SAID LOT 5; THENCE SOUTH 84~01'42'' EAST 199.73 FEET; THENCE NORTH 09:24'26'' EAST 417.59 FEET; THENCE SOUTH 89°13'19'' EAST 28.00 FEET; THENCE SOUTH 51~15'00" EAST 65.00 FEET; THENCE SOUTH 36~30'00" EAST 132.26 FEET; THENCE SOUTH 327-32 FEET; THENCE NORTH 77~15'00'' WEST 90.00 FEET; THENCE SOUTH 18~47'00" WEST 246.66 FEET; THENCE NORTH 30~14'46" WEST 192.41 FEET; THENCE 153.02 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A~RADIUS OF 60.00 FEET AND WHOSE CHORD BEARS NORTH 48:03'50" WEST 114.80 FEET; THENCE NORTH 55~45'00'' WEST 45.46 FEET; THENCE NORTH 52~22'39'' WEST 46.93 FEET TO THE POINT OF BEGINNING; CONTAINING 2.562 ACRES, MORE OR LESS. DESCRIPTION OF THE EAST PART OF LOT 5 THE EAST PART OF LOT 5, STILLWATER RANCH SUBDIVISION/ P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 00~09'36'' WEST 168.98 FEET; THENCE SOUTH 32~27'17'' EAST 73.71 FEET; 99'7 ,l: Q2Pf.l FROf.'~ PAPE.R CHASE/PAQE. S 9'7.tD96::J8713.'C'~ PAGE 2 OF 2 LEGAL DESCRIPTIONS FOK RE-ZONING OF LOT 5, STILLWATER RANCH/P.U.D- MARCH 14, 1997 (DESCRIPTION OF THE EAST PART OF LOT 5, CONTINUED) THENCE SOUTH 65.00 FEET;' THENCE SOUTH 47033'46'' WEST 273.42 FEET; THENCE SOUTH 71~27'00" WEST 55.00 FEET; THENCE NORTH 77015'00" WEST 137.00 FEET; THENCE NORTH 327.32 FEET; THENCE NORTH 36:30'00" WEST 132.26 FEET; THENCE NORTH 51°15'00'' WEST 65.00 FEET; THENCE SOUTH 89~13'19'' EAST 477.88 FEET TO THE POINT OF BEGINNING; CONTAINING 3.895 ACRES, MORE OR LESS.