HomeMy WebLinkAboutordinance.council.045-04 Page: 1 o¢ B
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ORDINANCE NO. 45
(SERIES OF 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AN AMENDMENT TO THE ASPEN MEADOWS SPECIALLY
PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN INSTITUTE'S
GMQS EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR
A PREVIOUSLY APPROVED LODGE BUILDING TO BE CONSTRUCTED AS A
CONFERENCE AND MEETING HALL, 845 MEADOWS ROAD, LOT lA OF THE
ASPEN MEADOWS SUBDIVISION/SPA, CITY OF ASPEN, PITKIN COUNTY,
COLORADO
Parcel No. 2735-121-29-008
WHEREAS, the Community Development Department received an application
from The Aspen Institute ("Applicant") requesting an amendment to the Aspen Meadows
Specially Planned Area (SPA) and an amendment to the Aspen Institute's GMQS
exemption for an Essential Public Facility to allow for the construction of a Conference
and Meeting Hall on Lot lA, of the Aspen Meadows Subdivision/SPA; and,
WHEREAS, the Aspen Institute has provided written consent to apply for a SPA
Amendment from the Music Associates of Aspen and the Aspen Center for Physics per
the requirements for an amendment to the Aspen Meadows SPA; and,
WHEREAS, City Council Ordinance No.14, Series of 1991, zoned the subject
property to Academic with a SPA Overlay and approved the final SPA development plan
subject to this amendment; and,
WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council
may approve an amendment to a Specially Planned Area during a duly noticed public
hearing after considering a recommendation from the Planning and Zoning Commission
made at a duly noticed public heating, and after considering comments from the general
public, .a recommendation from the Community Development Director, and
recommendations from relevant referral agencies; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Streets Department, and the Community
Development Department reviewed the proposal and recommended approval; and,
WHEREAS, during a duly noticed public hearing on November 16, 2004, the
Planning and Zoning Commission recommended, by a five to zero (5-0) vote, that City
Council approve an SPA amendment to the Aspen Meadows Specially Planned Area
(SPA) and an amendment to the Aspen Institute's GMQS exemption for an essential
public facility to allow for the construction of a Conference and Meeting Hall in the place
of the unbuilt lodge structure on Lot lA, of the Aspen Meadows Subdivision/SPA; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements of the Aspen Area Community Plan; and,
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SILVIA DAVIS PITKIN COUNTY CO e 3t.ee O e.ee
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 ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1
That City Council hereby approves an SPA amendment for the Aspen Meadows
Specially Planned Area (SPA) and an amendment to the Aspen Institute's GMQS
Exemption for an essential public facility to allow for the construction of a Conference
and Meeting Hall on Lot 1A of the Aspen Meadows Subdivision/SPA, with the following
conditions:
A amended SPA agreement representing the changes to the Aspen
Meadows Subdivision/SPA discussed herein shall be recorded at the
Pitkin County Clerk and Recorder's Office within 180 days of the final
approval by City Council.
An amended SPA Plan shall be recorded in the Pitkin County Clerk and
Recorder's Office within 180 days of the final approval by City Council
shall include the following:
A final plat meeting the requirements of the City Engineer and
showing: easements, encroachment agreements and licenses (with the
reception numbers) for physical improvements, and location of utility
pedestals.
b. An illustrative site plan of the project showing the proposed
improvements, landscaping, parking, and the dimensional
requirements as approved.
c. A drawing representing the project's architectural character.
The dimensional requirements approved for the Conference and meeting
Hall are as follows:
Per Final SPA Plans
Per Final SPA Plans
11,917 SF
Per the Meadows SPA approved
pursuant to Ordinance No. 14, Series
of 1991
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SILVIA DAVIS PITKIN COUNTY CO g 3t.eo o emee
The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution, as well
as the Final HPC Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
Building permit plans shall include a detailed plan submitted for
stream margin protection. The detailed plan shall identify; Location of
silt fencing and erosion control along the hillside. The City can
provide specifications if needed: minimum requirements include a silt
fence and straw bales placed in a manner preventing erosion and
protect the river from residual mn-off.
Building permit plans shall include a detailed plan submitted for
Construction staging. This plan shall detail how the construction will
take place with staging, storage of materials and locations of vehicles
so that trees remaining on site will not be impacted and remain
protected.
Building permit plans shall include a detailed plan submitted for Tree
Protection. Tree protection fences must be in place and inspected by
the city forester or his/her designee (920-5120) before any
construction activities are to commence. No excavation, storage of
materials, storage of construction backfill, storage of equipment, foot
or vehicle traffic allowed within the drip line of any tree on site. There
should be a location and standard for this fencing denoted on the plan.
Proposed art wall will need to be identified on site plans and
constructed in a manner that impacts the least amount of existing
vegetation. Construction plan for wall shall include tree removals and
protection.
h. All new plantings will need to be irrigated and landscape plan
reviewed by Parks Department
i. A restoration plan should be developed for the disturbed areas around
the terrace and patio.
A drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and
debris on-site during and after construction. If a ground recharge
5ILVIA DAVIS PITKIN COUNTY CO e 31.00 D 0.00
system is required, a soil percolation report will be required to
correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements.
k. A construction management plan pursuant to the requirements
specified in Condition No. 9 included herein.
A fugitive dust control plan to be reviewed and approved by the
Environmental Health Department, as detailed in Condition No. 4
included herein.
Throughout the structure, the Applicant shall install a fire alarm system
meeting the requirements of the Fire Marshal. The Applicant shall also install
a fire sprinkler system that meets the requirements of the Fire Marshal.
6. Prior to issuance of a building permit:
10.
a. The primary contractor shall submit a letter to the Community
Development Director stating that all conditions of approval have been
read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an
alternative agreement to delay payment of the Water Tap and/or Parks
Impact fee is finalized, those fees shall be payable according to the
agreement.
The Applicant shall submit to the Environmental Health Department a fugitive
dust control plan which includes, but is not limited to fencing, watering of
disturbed areas, continual cleaning of adjacent paved roads to remove mud
that has been carried out, or other measures necessary to prevent windblown
dust from crossing the property line or causing a nuisance. This shall be
required with the submittal for building permits.
The Applicant shall comply with the City of Aspen Water System Standards,
with Title 25, and with applicable standards of Title 8 (Water Conservation
and Plumbing Advisory Code) of the Aspen Municipal Code, as required by
the City of Aspen Water Department.
The Applicant shall comply with the Aspen Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains)
to sanitary sewer lines shall be allowed. All improvements below grade shall
require the use of a pumping station.
The Applicant shall abide by all noise ordinances. Construction activity is
limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday.
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11. There will be no construction material or dumpstcrs stored on the public
rights-of-way unless a temporary encroachment license is granted by the City
Engineer. In addition, the Applicant shall submit a full set of construction
management plans that are consistent with the City Construction Management
Plan Guidelines at the time of building permit submittal.
12. The Applicant shall submit a food service plan for review by the
Environmental Health Department and obtain a food service license if
required, prior to serving food from the catering kitchen. If determined to be
necessary by the Aspen Consolidated Sanitation District, the Applicant shall
install an oil and grease intemeptor in the catering kitchen.
13. All exterior lighting shall meet the City of Aspen Lighting Code pursuant to
Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended
from time to time.
14. The applicant has agreed to meet with representatives of the Pitkin Green
Homeowner's Association to discuss screening measures for the new building.
Section 2:
That the 1,500 undeveloped square feet remaining from the Conference and Meeting Hall
(given it's slightly smaller dimensions than the previously approved lodge structure) be
reserved for future expansion of the Health Club located on the same campus, subject to a
Substantial SPA Amendment.
Section 3:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in pubhc heating 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 4:
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.
Section 5:
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.
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Section 6:
A public hca_ring on the Ordin~cc shall be held on the 13th day of December, 2004, at
5:00 p.m. in ~e City Council Ch~bcrs, Aspen City Hall, Aspen Colorado, fiReen (15)
days p~or to which being a public notice of thc s~e w~ published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of November, 2004.
::h, City Clerk
Helen lC Klanderud, Mayor
FINALLY, adopted, passed and approved this ~'~ day of~004.
Approved as to form:
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