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HomeMy WebLinkAboutresolution.apz.035-94EXHIBIT B RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING TO ASPEN CITY COUNCIL THE AMENDMENT TO THE SPECIALLY PLANNED AREA FINAL DEVELOPMENT APPROVAL FOR THE ASPEN YOUTH CENTER Resolution No. 94-~ WHEREAS, the Aspen Youth Center (AYC) has requested to amend the final Specially Planned Area development plan; and WHEREAS, a Specially Planned Area development plan for the AYC was approved in 1990 and the intended purpose of the development of the AYC was to provide a focal point of activities for resident and visiting youth of the community; and WHEREAS, the AYC board would like to expand the uses of the building beyond only youth oriented activities, to activate the kitchen on a year-round basis, and to provide a building for community oriented activities; and WHEREAS, staff has interpreted this request as a substantial change to the final development plan proposal for the AYC; and WHEREAS, pursuant to Section 24-7-804E.2., substantial amendments to a final development plan require a review by both the Planning and Zoning Commission and the city Council; and WHEREAS, the Planning and Zoning Commission (Commission} reviewed the amendment request at a public hearing September 20, 1994, and again November 1, 1994; and WHEREAS, during their review, the Commission was supportive of the proposal to expand the uses of the building and agreed that appropriate use of the building would more efficiently helpsustain the youth-oriented programs; and WHEREAS, the Commission also expressed the need to preserve the integrity of the zone district, which is a Public zone, and to remain consistent with the concept of the original approval which was an exemption for the growth management process for an Essential Public Facility; and WHEREAS, the Commission imposed conditions of approval in order to allow the AYC board programmatic flexibility while preventing the building from becoming a commercial entity; and WHEREAS, the Commission also supported the theory that the on- site kitchen will be used as an accessory to the Youth Center and Rio Grande park as long as the use of the kitchen is ~perated as a vocational lab for students of the school district~and the lease between the food operator and the AYC states that the kitchen should operate as an educational extension of the schools to the greatest extent possible; and WHEREAS, the Commission also expressed the need for an annual review of the operation of the AYC to ensure that the building is being used for its permitted uses. NOW, THEREFORE BE IT RESOLVED by the Commission that it does hereby adopt Resolution No. 94- , to amend the final development plan for the Aspen Youth Cente~-- expanding the permitted uses of the building. AND, NOW, THEREFORE BE IT RESOLVED by the Commission that is does hereby recommend to the city Council of the city of Aspen the amendment to the final development plan for the Youth Center with the following amended conditions: 1. All activities shall be either of a public nature, or sponsored by the Youth Center to generate funds for the Center. 2. The City and County shall not be required to pay rent for the use of the building. 3. The kitchen will operate as an accessory use to the Youth Center as a year-round learning center for vocational courses for students of the school district. The lease for the operator of the kitchen/diner shall be written to the extent possible to emulate the lease used by the City at Iselin Park and will be reviewed by the city Attorney. Aspects of the lease shall include rent payable to the Aspen Youth Center, employment or internships for youth during the school year, provision of food for Aspen Youth Center youth programs at cost, establishment of a reasonable price structure for affordability by youth and families, provision of a percentage of revenues to the Aspen Youth Center if any special events are catered either in the Center or outside the Center, operation of the kitchen should be an educational extension of the schools to the greatest extent possible, and no advertising as a retail food establishment other than on-site signage consistent with the city sign code. 4. The city Attorney's office may have the right to review any leases or uses of the Center by other users. 5. The fee structure to use the Center shall be similar to the city Recreation Department fees and Colorado Mountain College fees. 6. These conditions of approval and the amendment to the SPA approval shall be reflected in an amended lease between the City/County and the Youth Center. 7. All material representations made by the applicant during the public hearings with the Planning and Zoning Commission and City Council and in the ~pplication shall be adhered to and considered conditions of approval unless otherwise amended by specific conditions of approval. Jan Cagey, Deputy ~ Clerk 8. An annual review of this amended programming shall be conducted with the Planning and Zoning Commission at staff or Commissioner's request until such time as the Planning and Zoning Commission, in its sole discretion, 'by resolution, terminates this condition. APPROVED by the Commission at their regular meeting on January 17, 1995. ASPEN PLA~NG AND/ ZON~N~ CO, M~ISSION Bruce Kerr, Chairman Date Signed