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HomeMy WebLinkAboutordinance.council.013-04ORDINANCE NO. 13 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AN AMENDMENT TO THE RIO GRANDE PARKING GARAGE AND PLAZA SPAECIALLY PLANNED AREA TO ACCOMMODATE SURFACE PARKING FOR POLICE AND SHERIFF EMERGENCY RESPONSE VEHICLES, LOT #2 RIO GRANDE SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737.073.06.852 WHEREAS, the Rio Grande Parking Garage and Plaza Specially Planned Area (SPA) approvals for Lot #2 of the Rio Grande Subdivision, granted via City Council Resolution No. 3, Series of 1989, entitled development of the parking garage, at 427 Rio Grande Place, and Galena Plaza (located on the roof of the garage); and, WHEREAS, the development of surface parking along the alleyway to accommodate Police and Sheriff vehicles requires an amendment to the SPA, due to the reduction in open space by approximately 2,000 square feet, and such an amendment may be approved by the City Council, at a duly notice public hearing, alter receiving a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, pursuant to the review process and criteria of Chapter 26.440 of the City of Aspen Land Use Code; and, WHEREAS, the development application has been reviewed by the City's Development Review Committee and the Community Development Director has recommended approval of the amendment finding compliance with the applicable criteria; and, WHEREAS, during a regular meeting of the Aspen Planning and Zoning Commission, the relevant review criteria, the recommendation of the Community Development Director, and comments from the general public were considered by the Planning and Zoning Commission and the Commission recommended City Council approve the SPA amendment by a __ to __ (~-~ vote. 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 Community Development Director, the Planning and Zoning Commission, the applicable referral agencies, and has taken and considered public comment at a public heating; 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 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: Ordinance No.__, Series of 2004. Page 1 An amendment to the Rio Grande Parking Garage and Plaza Specially Planned Area, Lot #2 Rio Grande Subdivision, to accommodate surface parking along the alleyway for Police and Sheriff emergency response vehicles is hereby approved, subject to the following conditions of approval. Section 1: Conditions of Approval: 1. The surface parking area shall not exceed 2,200 square feet and be developed consistent With the representations made to the Planning and Zoning Commission and the City Council. 2. The parking area shall be signed 'and regulated by the City for Police and Sheriff vehicles only. A dimensioned plan of the improvements shall be filed with the City Engineering Department reflecting the changes to the Plaza level of the building as an update to the Final SPA Plans. No other SPA Plans or Agreements are necessary. 4. The City Asset Department shall obtain necessary tree removal permits and the contractor shall coordinate with the City Parks Department to relocate the trees. Section 2: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or 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 other specific conditions. Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance ora development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 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, valid for a period of three (3) years, 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: Lot #2, Rio Grande Subdivision, by Ordinance No. __, Series of 2004, of the Aspen City Council. Ordinance No.__, Series of 2004. Page 2 Section 4: This Ordinance 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 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any mason 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 Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: A public heating on the Ordinance shall be held on the 24th day of May, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which heating a public notice of the same shall be published in a newspaper of general cimulation within the City of Aspen. Section 8: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of May, 2004. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Ordinance No.__, Series of 2004. Page 3