HomeMy WebLinkAboutcoa.lu.an.Hallam Lake Wildlife Sanctuary.1982-AN1ACES -Hallam Lake Wildlife —
Sanctuary
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AN ORDINANCE OF THE CITY COUNCM MTHE CITY OF ASPEN, COLORADO, TO
APPROVE T COAL/FINAL SP CIALLY PLANNED AREA (SPA)
_ DEVELOPMENT PLARAND TO REZONE THE ASPEN CENTER FOR ENVIRONMENTAL
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-
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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
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 L• 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.
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 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:
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l . The applicant and the City Council shall enter into an SPA agree ent 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,
eeasements, and landscaping; building elevations; and the Specially Planned Area (SPA)
' l 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
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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 ei h (180)
days following its approval by city council shall render the plan invalid. econsideration of fe
rJ a opmen pas and SPAagreementby-the- ion an city council will be required
,A b fore its acceptance and recording.
3. The final development plan shall be recorded prior to submission of any building permits for the
proposed housing units.
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
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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 VrOE�41"
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 hearings
shall be adhered to and considered conditions of approval, unless otherwise amended.
Section 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.
ti : 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.
Section 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. h, City Clerk
i�
John Jennett, Mayor
FINALLY adopted, passed and approved this 24th day of February, 1997.
Attest:
Kathryn S. K , City Clerk
suzannew\aspen\cases\spa\aces\ord.doc
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John B mett, Mayor
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PETITION FOR ANNEXATION TO THE CITY OF ASPEN, COLORADO
Aspen Center for Environmental Studies, the undersigned
Petitioner, being the land owner of one hundred percent (100%) of
the land contained within the exterior boundaries of the territory
hereinafter described, respectfully requests the City Council of
the City of Aspen to approve the annexation of the proposed area
to be annexed in accordance with the provisions of 31- 12-101, et
seq., C.R.S. 1973, as amended, and in support thereof allege as
follows:
1. It is necessary and desirable that the territory
described herein be annexed to the City of Aspen.
2. The requirements of Sections 31-12-104 and 31-12-105,
C.R.S. 1973, as amended, exist or have been met.
3. The undersigned is the owner of one hundred percent
(100%) of the property proposed to be annexed.
LAND DESCRIPTION:
The legal description of the land owned by Petitioner for
which annexation is sought is as follows:
A tract of land situated in the East 1/2 of Section 12, Town-
ship 10 South, Range 85 West and in the West 1/2 of Section
7, Township 10 South, Range 84 West of the 6th P.M., Pitkin
County, Colorado, being more fully described as follows:
Beginning at a point whence the 1/4 corner common to said
Sections 7 and 12 bears N 22041118" E 632.67 feet;
Thence S 34*55117" E 38.09 feet;
Thence S 82*05140" E 178.19 feet;
Thence S 74018100" E 25.73 feet;
Thence S 62*39100" E 194.52 feet;
Thence N 02*00100" W 41.23 feet;
Thence S 74*18100" E 39.70 feet;
Thence N 02°00'00" E 324.00 feet to a point in the centerline
of the Roaring Fork River;
Thence following said centerline the following courses and
distances:
N 64027'00" W 115.50 feet;
N 05027100" W 63.32 feet;
N 40030100" E 144.50 feet;
N 20025'00" E 164.75 feet;
N 14*11100" W 24.64 feet;
N 38013100" W 123.19 feet;
N 34006'00" W 105.54 feet;
N 27030' W 136.58 feet;
N 13026'00" W 106.82 feet;
N 20000100" W 56.00 feet;
N 26020100" W 317.00 feet;
N 06022100" W 125.65 feet;
Thence departing from said centerline;
N 65053120" W 215.51 feet;
Thence S 35015100" W 55.29 feet;
Thence 57.58 feet along the arc of a curve to the right hav-
ing a radius of 254.94 feet;
Thence S 28*08100" E 80.86 feet;
Thence S 62048100" W 45.50 feet;
Thence S 80*28100" W 159.78 feet;
Thence S 50004100" W 86.70 feet;
Thence S 03045100" E 101.63 feet;
Thence S 07045100" E 121.86 feet;
Thence S 89011100" W 37.85 feet;
Thence S 29°07'00" E 115.46 feet;
Thence S 37006100" E 81.60 feet;
Thence S 07000100" E 40.30 feet;
Thence S 19*08100" W 63.50 feet;
Thence S 30*50100" W 116.43 feet;
Thence S 05°09'00" W 124.93 feet;
Thence S 77055100" W 33.89 feet;
Thence S 17025100" E 88.84 feet;
Thence S 49055100" E 127.22 feet;
Thence S 44034100" W 33.50 feet;
Thence S 51014100" E 73.99 feet;
Thence N 79005100" E 69.18 feet;
Thence S 49*41100" E 45.80 feet;
Thence S 34025100" E 78.60 feet;
Thence N 55035100" E 49.93 feet;
Thence S 40*36153" E 5.17 feet;
Thence S 09024125" E 210.13 feet;
Thence S 34055117" E 92.50 feet to the
containing 21.634 acres, more or less.
ATTACHMENTS:
point of beginning,
Accompanying and incorporated in this Petition by reference
are the following:
a. Circulator's Affidavit;
b. Four prints of an annexation map containing the informa-
tion required by Section 31-1J2-107, C.R.S. 1973.
DATED:
ASPEN CENTER FOR ENVIRONMENTAL
STUDIES
Byrj//�/174An
Michael Str nahan, President
9 9 6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
County of Pitkin )
lows:
The undersigned, being duly sworn, deposes an states as fol-
1. She is over 21 years of age;
2. She is the circulator of the foregoing Petition;
3. Each signature thereon is the signature of the person
whose name it purports to be.
Katherine Roulhac G n
STATE OF COLORADO
ss.
County of Pitkin )
Subscribed and sworn to before me this -cV day of March,
1982, by Katherine Roulhac Garn.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: �4, y f�
Notary Pub c
•
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Resolution
Board of Trustees
Aspen Center for Environmental Studies
WHEREAS Aspen Center for Environmental Studies ("ACES") is
the sole owner of a twenty one and one-half (21�) acre parcel of
land situated in Pitkin County, Colorado and known as the Hallam
Lake Wildlife Sanctuary ("Sanctuary"); and
WHEREAS the Board of Trustees of ACES has determined that it
would be in the best interest of ACES if the Sanctuary were
annexed to the City of Aspen.
BE IT RESOLVED, that ACES hereby authorizes its president,
Michael Stranahan, and its attorney, K. Roulhac Garn, to execute
and file a Petition for Annexation with the City of Aspen, Pitkin
County, Colorado, in accordance with
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the requirements of law.
Dated: retruol 1
ASPEN CENTER FOR ENVIRONMENTAL STUDIES
By ff WY
,�ZL J4
Michael Stra ahan
Attest:
S•
Se et ry
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