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HomeMy WebLinkAboutordinance.council.015-96 e . e !. . ORDINANCE NO. J 6" (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE CITY OF ASPEN ASSET MANAGEMENT DEPARTMENT CONCEPTUAL SPA DEVELOPMENT PLAN APPROVAL FOR THE CITY OF ASPEN WATER TREATMENT PLANT IMPROVEMENTS AND AFFORDABLE HOUSING PROJECT, LOCATED ON LOT 2 AND 4, CITY OF ASPEN THOMAS PROPERTY IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 28.80.010 of the Aspen Land Use Regulations, the pmpose of specially planned area (SPA) is to: a. Provide design flexibility for land which requires innovative consideration in those circumstances where traditional zoning techniques do not adequately address its historical significance, natmal featmes, lmique physical character, or location, and where potential exists for cOlrummity benefit from comprehensive development, and b. Allow the development of mixed land uses through the encomagement of innovative design practices which permit variations from standard zone district land uses and dimensional requirements, and c. Establish a procedure by which multiple uses exist, or are considered appropriate, can be planned and redeveloped in a way that provides for the greatest benefit, and WHEREAS, Section 26.80.040 (B) (8) provides that in the review of a conceptual development plan, consideration will be given to the general concept for the development. Dming the review of the final development plan, detailed evaluation of the specific aspects of the development will be accomplished, and WHEREAS, the standards of review for a conceptual SPA are as follows: a. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulle, arcbitectme, landscaping, and open space. 1 e - ,e . . b. Whether sufficient public facilities and roads exist to service the proposed development. c. Whether the parcel proposed for development is generally suited for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. d. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provides open space, trails and similar amenities for the users of the project and the public at large. e. Whether the proposed development is in compliance with the Aspen Area Community Plan. f. Whether the proposed development will require the expenditme of excessive public nmds to provide public facilities for the parcel, or the surrounding neighborhood. g. Whether the proposed development on slopes in excess of 20 percent meet the slope reduction and density requirements of Section 26.84.030(B)(2)(b). h. Whether there are sufficient GMQS allotments for the proposed development and WHEREAS, The City of Aspen, Colorado, submitted an application for the proposed Waster Treatment Plant Improvements and Affordable Housing Project, and WHEREAS, A public hearing was held at a regularly scheduled meeting of the Aspen Planning and Zoning Commission on April 16, 1996 at which time the COlrunission considered and approved the Conceptual SPA by a vote of 4-0. 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 2 e e e . . ! 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 COlrummity Plan; and WHEREAS, the City COlmcil finds that this Ordinance furthers and is necessmy 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: Pmsuant to Section 28.80.010 of the Aspen Mlmicipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plml's SPA development component: 1. The Applicant's conceptual 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 natmal 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 COlrununity Plan. 7. The Plan does not require the expenditme of public funds for the subject parcel or the neighborhood. 3 e e e . .' 8. No development is proposed on slopes of20% or greater. 9. No GMQS allocations or exemption are necessary for the Plan except for as approved within this ordinatlce. Section 2: Pmsuant to the findings set forth in Section 1 above, the City COlillcil grants Conceptual SPA Development Plan approval subject to the following conditions: 1. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to atld considered conditions of approval, mliess otherwise amended by other conditions. 2. The applicant shall provide at final SPA review a detailed plan for retaining and revegetating the Dolittle Road cuts, distmbed areas or easements, and buildirlg envelopes. Such a plan shall include section details, plant species list and construction and planting schedules. 3. The trail alignment shall be stalced in the field for review by Staff arld the Commission at the time of Pinal SPA review. The trail alignment must avoid as much existing vegetation as possible. Plans submitted at Pinal SPA review shall include proposed surface type and width. A plan for snowplowing atld maintenance must also be provided for review. 4. In no case shall the new residential structmes be washed with light fi'Om any exterior light fixtures. Additional lighting needs for the trail and roadway must be specified at the time of Pinal SPA review. 5. Residents from adjacent residential areas should be included in plam1ing and design of the proposed park area. At the time of Pinal SPA review, the applicant shall be prepared to address what level of participation is envisioned for improvements to the park area. 6. The Phase II Environmental Audit must be included in the Pinal SPA submittal, in addition to a Pugitive Dust Plan. 7. Specific signage, speed limits, pedestrian treatments atld potential traffic calming measures to address the mix of traffic on Dolittle Road shall be approved by the City Engineer and submitted at the time of Pinal SPA review. 8. The applicant shall submit elevations of all water treatment plant structmes proposed for improvements at the time of Pinal SPA review. These elevations should be sufficient for Staff atld the Commission to review the proposed improvements in the context of potential visual impact from proposed and existing development. 4 - e . . Section 3: The City Clerk shall cause notice of this Ordinatlce to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof.: Section 4: This Ordinance shall not affect any existing litigation atld 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 satne shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of tins Ordinance is for atlY 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 6: That the City Clerk is directed, upon the adoption of this ordinatlce, to record a copy of this ordinance in the office of the Pitkin COlillty Clerk and Recorder. Section 7: A public hearing on the Ordinance shall be held on the ~ day of h7I7 ~' 199~ 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. 5 - . e , !. { .' INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~.day of C3/;,kL,1996. FINALLY, adopted, passed and approved this ,;;zg- ~.,1996. Attest: ~/X)xl4 Kathryn S. Koch, City Clerk ~: Kathryn S. ~ (3.-.--4- John Bennett, Mayor day of JOhni~,~:~~ 6