HomeMy WebLinkAboutLand Use Case.110 E Hallam St.A045-03- - -A045-UJ
Red Brick PUD Extension of Vested
Rights
ij
12
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
City of Aspen Parks and Recreation Department 110 E. Hallam St. Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots A -I & K-S, Block 64 and Lots E-G, Block 71, City and Townsite of Aspen
Legal Description and Street Address of Subject Property
PUD Amendment to Build Conference Room
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Ordinance #37-2000, 9/11/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
September 23, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
September 24, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 23rd day of September, 2000, by the City of Aspen Community
Dlopment Director.
Zia, a �
Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots A -I and K-S, Block 64, and Lots E-G, Block 71, City
and Townsite of Aspen, by ordinance of the City Council numbered 37, series of 2000.
For further information contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen
Publish in The Aspen Times on September 23, 2000
PARCEL ID: 2737-073-13801 DATE RCVD: 5/23/00 # COPIES:F— CASE NO A065-00
CASE NAME]Red Brick PUD Amendment PLNR:I
PROJ ADDR: 110E Hallam CASE TYP: PUD Amendment STEPSF
OWN/APP: City of Aspen Recre ADR 110 E. Hallam C/S/Z: Aspen/CO/81611 PHN:F
REP: ADR: I C/S/Z: F PHN:
FEES DUE: INone FEES RCVD: None STAT: I
REF: BYJ� DUE: +
MTG DATE REV BODY PH NOTICED
I 1 F-
DATE OF FINAL ACTION:
CITY COUNCIL:-:�
REMARKS
PZ:
BOA:
CLOSED:-�! BY:
DRAC: I
PLAT SUBMITD: PLAT (BK,PG): ADMIN:)
OF r
CASE NUMBER
A045-03
PARCEL ID #
2737-073-13801
CASE NAME
Red Brick PUD Extension of Vested Rights
PROJECT ADDRESS
110 E. Hallam
PLANNER
James Lindt
CASE TYPE
Extension of Vested Rights
OWNER/APPLICANT
City of Aspen Recreation Department
REPRESENTATIVE
DATE OF FINAL ACTION
9/22/03
CITY COUNCIL ACTION
Reso. 88-2003
PZ ACTION
ADMIN ACTION
Approved w/ Condition
BOA ACTION
DATE CLOSED
09/24/03
BY
D DRISCOLL
•
PARCEL ID: 2737-073-13801 DATE RCVD: 8/ 18/03 # COPIES:— CASE NO A045-03
CASE NAME: Red Brick PUD Extension of Vested Rights PLNR: James Lindt
PROJ ADDR: 110 E. Hallam CASE TYP: Extension of Vested Rights STEPS: r—
OWN/APP: lCity of Aspen Recre ADR 110E Hallam C/S/Z: Aspen/CO/8161 1 PHN: 920-5140
REP: ADR:� C/S/Z: PHN:
FEES DUE: None FEES RCVD: None STAT: F
REFERRALS
REF: ` BYJ DUE:
MTG DATE REV BODY PH NOTICED
DATE OF FINAL ACTION:
REMARKS CITY COUNCIL:1 ' > 5
PZ:
CLOSED:— BY: BOA:
DRAC: r ,
PLAT SUBMITD: PLAT (BK,PG): ADMIN:
RETAIN FOR PERMANENT RECORD
0
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
City of Aspen Parks and Recreation Department, 110 E. Hallam Street, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
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, of the City and Townsite of Aspen
Legal Description and Street Address of Subject Property
Three- Year Extension of Vested Rights to Construct a 546 square foot conference room.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Resolution No. 88, Series of 2003, 9/22(03
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 4, 2003
Effective Date of Development Order (Same as date of publication of notice of approval.)
October 5, 2006
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 41h day of October, 2003, by the City of Aspen Community
Dev,elonment Director.
XI-)
Ann Woods, Community Development Director
RETAIN FOR PERMANENT RECORD
• •
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots A -I, and K-S, including the Alley of Block 64, and
Lots E, F, and G, and Part of Lots A, B, C, of Block 71, of the City and Townsite of
Aspen, by resolution of the City Council numbered 88, series of 2003. This approval is a
three-year extension of the vested rights granted in Ordinance No. 37, Series of 2000.
For further information contact Julie Ann Woods, at the City of Aspen Community
Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/City of Aspen Account
Publish in The Aspen Times on October 4, 2003
RETAIN FOR PERMANENT RECORD
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 (Applicant), 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 at the Red Brick Arts and Recreation Center;
and,
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:
RETAIN FOR PERMANENT RECORD
•
0
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
remaining 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 to zero (3-0) vote this 22nd day of
September, 2003.
Approved as to form: Approved as to content:
John Worcester, City Attorney Helen Kalin Klanderud, Mayor
RETAIN FOR PERMANENT RECORD
Attest:
Kathryn S. Koch, City Clerk
RETAIN FOR PERMANENT RECORD
1
MEMORANDUM
To: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director
FROM: James Lindt, Planner
P127
Apfvouc4
Tv�V y
o,45
RE: Red Brick Arts and Recreation Center Extension of Vested Rights -Public O
Hearing
DATE: September 22, 2003
APPROVED LAND USE:
Approval obtained to construct a
conference room on the west end of the
Red Brick. Arts and Recreation Center
pursuant to City Council Ordinance No. 37,
Series of 2000.
REVIEW PROCEDURE:
Extension of Vested Rights. City Council
may by resolution at a public hearing approve
or approve with conditions an extension of
vested rights.
BACKGROUND:
The Applicant, City of Aspen Parks and
Recreation Department, represented by
Tim Anderson, requests an extension of
the vested property rights on the Red Brick
Arts and Recreation Center PUD
Amendment that was approved in
September of 2000. Initially, City Council
granted a PUD amendment for the
Applicant to construct a snow -shed canopy
roof and a new conference room in the Red
Brick Arts and Recreation Center (please
see approved plans attached as Exhibit
"C"). The snow -shed canopy was
constructed shortly after approval was
granted, but the conference room has yet to
be built.
The project's vested rights expired on
September 11 "'. However, the Applicant
submitted an application for the extension
prior to the expiration deadline. The
Applicant is requesting that City Council
extend the vested rights granted by
Ordinance No. 37, Series of 2000 to
construct the approved conference room of
546 square feet on the west end of the Red
Brick Arts and Recreation Center.
STAFF COMMENTS:
In reviewing the proposed request for an extension of vested rights, staff believes that the
approval granted by Ordinance No. 37, Series of 2000 is still consistent with the Red Brick
Master Plan that was created in 1997, in that the proposal would allow for storage to take the
place of the existing conference room as was called for in the Master Plan. Additionally,
RETAIN FOR PERMANENT RECM
P128
staff believes that the additional storage space that would be provided in the existing
conference room would aid the tenants of the building, which are primarily non-profit and
arts related organizations as is consistent with the Aspen Area Community Plan goals relating
to Arts, Culture, and Education. Moreover, staff believes that the addition of the conference
room on the west side of the building as was approved, would still enhance the exterior
esthetics of the structure. Therefore, staff recommends that the City Council approve the
proposed extension of vested rights for one year.
STAFF RECOMMENDATION:
Staff recommends approval of the extension of vested property rights for one year to
establish an expiration date of September 22, 2004 to allow for the construction of the
conference room that was approved pursuant to City Council Ordinance No. 37, Series
of 2000, with the following condition:
That 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
that are in affect at the time of building permit, unless an exemption therefrom is
granted in writing.
RECOMMENDED MOTION:
"I move to approve Resolution No.� Series of 2003, approving with a condition, a one
year extension of vested property rights for the Red Brick Arts and Recreation Center PUD
as was originally approved by.Ordinance No. 37, Series of 2000. The new expiration date
will be September 22, 2004."
CITY MANAGER'S COMMENTS: 1 / /�
cci, s i ��.-a / -.�f �✓�l( ,pre �4,
v
rem y5 14e-1- -1" a C_77e
ATTACHMENTS:
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Ordinance No. 37, Series of 2000 Approving the Red Brick Arts and
Recreation Center PUD
Exhibit C -- Plans Approved Pursuant to Ordinance No. 37, Series of 2000
Exhibit D -- Application Letter
2 _
1)
•
0 P129
RESOLUTION NO.
(SERIES OF 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE 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 (Applicant), 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 at the Red Brick Arts and Recreation Center;
and,
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 26.3 08.01 O(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 a one year 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:
P130
0 . 0
Section 1:
The Aspen City Council does hereby approve a one-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
remaining 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 this 22nd day of September, 2003.
Approved as to form:
John Worcester, City Attorney
Approved as to content:
Helen Kalin Klanderud, Mayor
P131
Attest:
Kathryn S. Koch, City Clerk
P132 0 •
E`CHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
SECTION 26.308.010 VESTED PROPERTY RIGHTS
E.rtension or Reinstatement of Vested Rights In reviewing a request for the extension or
reinstatement of a development order and associated vested rights, the City Council
shall consider, 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 constricting 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 constricted 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 of a 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 use 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.
•
• P133
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.
M
P134 • •
ORDINANCE NO. 37
(SERIES OF 2000)
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, COLORA.DO.
Parcel ID: 2735-124-36-850
WHEREAS, the Community Development Department 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 (F. 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 part 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 at a
duly noticed public hearing, comments 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 recommended 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 (7-
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 development
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 at 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
to zero (4-0) vote, approving the Red Brick Arts and Recreation PUD Amendment; and,
P135
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 this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE 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 stricture and construct a snow -shed canopy on the east end of the structure is
approved with the following conditions:
This project shall meet all of the codes and requirements of the Aspen Fire
Protection District. This includes but is not limited to 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 to 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;
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 improvements, 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
Ic r
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
1)
P136 • •
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:
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 Planning and Zoning 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 existing litigation and shall not operate as an abatement of
ing no�v pending under or by virtue of the ordinances repealed or amended any action or proceed
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. shall not affect the validity of the
remaining portions thereof.
1-1
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 14`h day of August, 2000.
Attest:
Kathryn S�k;ch, City Clerk R• hel Richards, May
FINALLY, adopted, passed and approved this 11 f day of September, 2000.
Attest:
' ) 2xi�l
Kathryn S. och, City Clerk
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Approved as to form:
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MEMORANDUM
TO: JAMES LINDT, COMMUNITYDEVELOPMENT DEPT.
FROM: TIM ANDERSON, RECREATION DIRECTOR
DATE: AUGUST 22, 2003
RE: EXTENSION OF RED BRICK VESTED RIGHTS
James,
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 Improvements 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 stream 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 you,
Tim Anderson
City of Aspen
Recreation Director
PUBLIC NOTICE
RE: RED BRICK ARTS AND RECREATION CENTER
EXTENSION OF VESTED'i'GHTS
NOTICE LS HEREBY GIVl.c hearing
Sethat
tember Z2! 2003 at a
will be held on Monday. Pn before the Aspen
meeting to begin at 5:00 P Hall, 130 S.
City Council, Council G,ambers, Cityan Hall,
sub
Galena St.. Aspen, to consider Recreation Depart'
mitted by the City of Asl� ear extension
ment requesting approval of r one y pursuantrnte
of the CO 0iOris I at
Noe37aSerles of 2000.
to City
The property located Is located at 110 E. Hallam
St and Is legally described as Lots A-L and Kn IG.
cluding the alley of Block 64. and Lots E, F, o t he
and pats of lots A. B, and C, of Block 71,
City and To
wnsite of Aspen. at
For further information, contac James ment De -
the City of Aspen Community CO (970) 920
partment, 130 S. Galena St.. Aspen,
SOBS, lamesl®ci.aspen-co.us.
s/Helen Ka11nen City CMouncil
Assp
Published in The AKen Times on September 6.
2003.(0745)
•
•
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
gnature
a')
The foregoing "Affidavit of Notice" was acknowledge befo e me this day
of , 200� by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGA9
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYIIIAIL
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
Js
ADDRESS OF PROPERTY:
Aspen, CO
SCHEDULED PUBLIC HEARING DATE: C , 200_
STATE OF COLORADO )
) ss.
County of Pitkin )
1/1 C4 (name, tilease print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public.notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide '
r; and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postafe
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to thz
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
•
•
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: cy U�. Aspen, CO
SCHEDULED PUBLIC HEARING DATE: C' 200
STATE OF COLORADO )
) SS.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the p blic hearing and was continuously visible from the'?J&lay of
200_1, to and including the date and time of the public
hearine A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date 'of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
S' nature
The f9q�,r�egoing "Affidavit of Notice" was acknowledged before me thisa y
of (/av�t� , 200-, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires.
-
Notary -Public �p,RY p,,
O e<
?, 0
SA.RAH
N : Op,Tc S
O
ATTACHMENTS: 'c COLON
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
0 0
3
o l
•
PUBLIC NOTICE
RE: RED BRICK ARTS AND RECREATION CENTER EXTENSION OF
VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,
September 22, 2003 at a meeting to begin at 5:00 p.m. before the Aspen City Council,
Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application
submitted by the City of Aspen Recreation Department requesting approval of a one year
extension of the vested rights that were granted pursuant to City Council Ordinance No.
37, Series of 2000. The property located is located at 110 E. Hallam St and is legally
described as Lots A -I, and K-S, including the alley of Block 64, and Lots E, F, and G,
and pats of lots A, B, and C, of Block 71, of the City and Townsite of Aspen. For further
information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl ,ci.aspen.co.us.
s/Helen Kalin Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on September 6, 2003
City of Aspen Account
g:\planning\aspen\notices\920whal.doc