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HomeMy WebLinkAboutresolution.council.088-03 RESOLUTION NO. 88 (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 37, SERIES OF 2000, FOR THE DEVELOPMENT APPROVALS GRANTED TO THE RED BRICK ARTS AND RECREATION CENTER, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-073-13-801 WHEREAS, the Community Development Department received an application from the City-of Aspen Recreation Department IApplicant), represented by Tim Anderson. for a one-year extension of vested rights approved pursuant to Ordinance No. 37, Series of 2000 to allow for the addition of a conference room al the Red Brick Arts and Recreation Center; arid, WHEREAS, City Council adopted Ordinance No. 37, Series of 2000, which approved a PUD amendment for the addition of a snow-shed canopy and a 546 square foot conference room to the Red Brick Arts and Recreation Center located at 110 E. Hallam (Lots A-I, and K-S, including the alley of Block 64, and lots E, F, and G, and part of lots A, B, and C, of Block 71) City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.308.010(C), Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the Red Brick Arts and Recreation Center, finding that the review criteria have been met; and, WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for the red Brick Arts and Recreation Center under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three-year extension of the vested rights granted by Ordinance No. 37, Series of 2000, to allow for the addition of a 546 square foot conference room and the conversion of the existing conference room within the Red Brick Arts and Recreation Center to a storage area for use by the tenants, with the following conditions: 1. The establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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 an authorized entity. Section 3: This Resolution shall not effect 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 Resolution 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 remmning portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 22nd day of September, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen. Colorado. FINALLY, adopted, passed and approved by a three ro zero (3-0) vote this 22nd day of September, 2003. Approved as to form: Approved as to content: John Wor[~ter, i2-ity Attorney Attest: KathrYn S. I~h, Cit~ Cie EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.308.010 VESTED PROPERTY RIGHTS Extension or Reinstatement ~£ Vested Rights In reviewing a request for the extension or reinstatement of a development order and associated vested rights, the City Council shall considerj but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; STAFF FINDING: The conditions of approval that were established in approving the original development proposal are all to take effect in conjunction with the building permit submittal. Therefore, staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of vested rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; STAFF FINDING: The Applicant has constructed the snow-shed canopy that was approved as part of the PUD amendment granted pursuant to Ordinance No. 37, Series of 2000. The Applicant has indicated that they would like to pursue funding for constructing the conference room this year. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; STAFF FINDING: Other than the improved safety of the snow-shed canopy that was constructed over the walkway into the Red Brick, the City has not already received benefits from this approval. However, Staff believes that the approval of the conference room and the vested rights that were afforded the Applicant are still in keeping with goals that were outlined in the Red Brick Master Plan that was adopted in 1997. The Master Plan called for the creation ora storage area in the location where the current conference room exists. In order to allow for the existing conference space to be converted to storage for nsc by the tenants of the building, the new conference space would have to be constructed to create a meeting area for the tenants of the building. Staff finds this criterion to be met. 3 d. The needs of the City and the applicant that would be served by approval of the extension or reinstatement request. STAFF FINDiNG: The Aspen Area Community Plan (AACP) encourages actions that promote the Arts, Culture, and Education. The existing conference room is to be converted into a storage area for the tenants of the Red Brick, which are primarily non-profit and art related organizations. Therefore, because the addition of the conference room that was approved pursuant to Ordinance No. 37, Series of 2000 allows for the existing conference room to be converted into storage for use by the tenants of the Red Brick, staff believes that the proposed extension of vested rights would benefit the local arts and non-profit communities that utilize the Red Brick Arts and Recreation Center. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the Applicant to pursue the approved development in the future that furthers several of the AACP's goals. Staff finds this criterion to be met. 4 ORDINANCE NO. 37 (SERIES OF 20005 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE RED BRICK ARTS AND RECREATION CENTER PLANNED UNIT DEVELOPMENT AMENDMENT TO CONSTRUCT A CONFERENCE ROOM AND SNOW-SHED CANOPY ON THE RED BRICK ARTS AND RECREATION CENTER, CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-36-850 WHEREAS, the Community Developmem Departmem received an application from the City of Aspen Recreation Department. represented by Tim Anderson, Recreation Director, for an amendment to the Red Brick Arts and Recreation Planned Unit Development (PUD) to construct a conference room on the west end of the structure and construct a snow- shed canopy on the east end of the structure; and, WHEREAS, the subject property is a located in the Public (PUB) Zone District; and, WHEREAS, the Aspen City Council approved Ordinance No. 22, Series 1993 that granted rezoning from R-6 to Public. Growth Management Quota System Exemption for Essential Public Facilities, and approval for a Final PUD Development Plan for the Aspen Arts and Recreation Center (I: K.A. The Red Brick Elementary School) located at 110 East Hallam (Lots A-I and K-S, including the alley in block 64, and lots E, F, G, and parr of lots A, B, and C. Block 71) in the Townsite of Aspen, Pitkin County, Colorado; WHEREAS, pursuant to Sections 26.445, the City Council may approve an amendment to an approved Planned Unit Development, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made ar a duly noticed public hearing, commems from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; WHEREAS, the Community Development Director reviewed the PUD amendment and recormnended approval; and, WHEREAS, the Historic Preservation Committee offered a unanimous endorsement of the proposed developments during a special meeting on July 13, 2000; and WHEREAS, during a duly noticed public hearing on August 1, 2000, the Planning and Zoning Commission approved Resolution No. 00-35, Series 2000, by a seven to zero 0) vote, recommending City Council approve the Red Brick Arts and Recreation PUD Amendment; and, WHEREAS, the Aspen City Council has reviewed and considered the developmem proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director. the applicable referral agencies, and has taken and considered public comment ar a public hearing; and, WHEREAS, during a duly noticed public hearing on September 11, 2000. the City of Aspen City Council approved a second reading of Ordinance No. 37, Series 2000, by a four ro zero (4-0) vote, approving the Red Brick Arts and Recreation PUD Amendment; and, WHEREAS. the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan: and. WHEREAS, the City Council finds that tl:fis Ordinmnce furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY TIlE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Red Brick Arts and Recreation PUD Amendment to construct a conference room on the west end of the structure and construct a snow-shed canopy on the east end of the structure is approved with the following conditions: 1. This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes but is not limited t¢ maintaining fire alarm coverage in the new conference area: 2 Site development approvals must include the requirement meeting runoff design standards of the Land Use Code Section 26 580.020(A)(6)(a) and a requirement that. prior m the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm; 3. That a full soils report and drainage report are needed prior to the application of a building permit: 4. That the applicant receive approval from the City Engineering Department for design of improvemems, including grading, drainage, transportation/streets. landscaping, and encroachments within public right of way; 5. That the applicant receive approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 6. That the applicant obtain either right-of-way permits or encroachments licenses as required for any work or development in the public right-of-way, from the Engineering Department; and 7. That the current drawings submitted are insufficient to determine if the proposed additions meet the height, setback, and floor area requirements of the PUD. The 2 applicant shall provide adequate and scaled site plans indicating exact locations of all proposed structures so that they do not exceed the height, setback, and floor area requirements of the PUD prior to the approval of the PUD Amendment and the application for building permits. Section 2: Ail material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planrfing and Zon/ng Commission 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 an authorized entity. Section 3: This Ordinance shall not effect any ex/sting 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 tl'fis 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 nor affect the validity of the remaining portions thereof. INTRODUCED. READ _aND ORDERED PUBLISHED as provided by taw, by the City Council of the City of Aspen on this 14t~ day of August, 2000. Attest: FINALLY, adopted, passed and approved this 11th day of September, 2000 Attest: ... ~d~Kathryn S~o~h, City Clerk ~ Approved as to form: John ~;fol~to~, C'ity Atto~rn y 4 MEMORANDUM TO: JAMES LIND T, COMMUNITY DEVELOPMENT DEPT. FROM: TIM ANDERSON, RECREATION DIRECTOR DATE: AUGUST22, 2003 RE: EXTENSION OF RED BRICK VESTED RIGHTS I am formally requesting an extension of the Vested Rights of the Red Brick Arts and Recreation Center. More specifically, the request for and extension in vested rights pertains to the West End Improvemems of the building. At this time the Red Brick Committee and myself have met with City Manager Steve Barwick who has requested that we identify a 10-year capital plan and revenue strean~ for the building before moving forward with the request from City Council to pursue these improvements. We want to insure that the facility has ample funds to maintain the existing conditions before moving forward on any new improvements. The Red Brick Committee is currently seeking a company to provide information on needed infrastructure improvements and pricing over a 10-year period. At this time we can provide a capitalization plan for the facility to include the West End Improvements. Our time line at this time is to complete the study and capitalization plan in time to present Council with the West End Improvement Plan during the 2004 budget process. We would continue to plan on beginning the improvements in the spring to early summer 2004. Please advise of any other necessary considerations for this request of an extension or the continuation of this process. Thank ~ou, Tim Anderson City of Aspen Recreation Director