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Home My WebLink Aboutordinance.council.046-05 \..-. ORDINANCE NO. 46 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SPECIALLY PLANNED AREA AMENDMENT AND A GMQS REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR A 3,327 SQUARE FOOT ADDITION TO THE RESNICK HEALTH AND WELLNESS CENTER, LOT lA, ASPEN MEADOWS SPA, CITY AND TOWNSITE OF ASPEN, COLORADO. ParcelID: 2735-121-29-008 WHEREAS, the Community Development Department received an application from the Aspen Institute, owners, represented by Curtis & Associates requesting approval of a Specially Planned Area (SPA) Amendment and a GMQS Review for an Essential Public Facility to construct a 3,327 square foot addition to the Resnick Health and Wellness Center, Lot lA, of the Aspen Meadows SPA, City and Townsite of Aspen; and, WHEREAS, the Music Associates of Aspen and the Aspen Center for Physics have provided letters of consent for the Aspen Institute to make an application to amend the Aspen Meadows SPA as is required by the Aspen Meadows Subdivision Agreement; and, .......r.". '''- WHEREAS, the Aspen Institute received approval in 1991 for an 1,800 square foot addition to the Health Center that was never constructed; and, WHEREAS, Ordinance No. 45, Series of 2004, reserved 1,500 square feet of FAR that was originally allotted for the construction of lodging units in the originally approved Aspen Meadows SPA, for an expansion of the Health Center; and, WHEREAS, the Applicant has requested that 27 square feet of FAR that was allotted for the construction of the conference center but was not used, be reallocated for the Health Center expansion along with the unused FAR of 3,300 square feet granted in the 1991 and 2004 approvals; and, WHEREAS, the Historic Preservation Commission approved the conceptual design of the Health Center expansion pursuant to Resolution No. 36, Series of 2005; and, WHEREAS, pursuant to Land Use Code Section 26.440, Specially Planned Area, the City Council may approve, approve with conditions, or deny a Specially Planned Area Amendment request during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, '.,,, 1111 \ 111111111111111111 ::~~~:;1 ~0 221 JANICE K VOS CRUDILL PITKIN COUNTY co R 36.00 0 0.00 '<..,-"" WHEREAS, pursuant to Land Use Code Section 26.470.040(D)(3), Essential Public Facilities, the City Council may approve, approve with conditions, or deny a GMQS Review for an Essential Public Facility request during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Community Development Director reviewed the application and recommended approval with conditions, finding that the applicable review standards are met; and, WHEREAS, during a duly noticed public hearing on October 4, 2005, the Planning and Zoning Commission continued review of the proposal until October 18, 2005; and, WHEREAS, during a continued public hearing on October 18, 2005, the Planning and Zoning Commission approved Resolution No. 32, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, the Specially Planned Area Amendment and GMQS Review for an Essential Public Facility to construct a 3,327 square foot expansion to the Resnick Health and Wellness Center on Lot lA of the Aspen Meadows SPA, City and Townsite of Aspen; and, ,.-. WHEREAS, during a duly noticed public hearing on November 28, 2005, the "- Aspen City Council approved Ordinance No. 46, Series of 2005, by a five to zero (5-0) vote, approving with conditions, the Specially Planned Area Amendment and GMQS Review for an Essential Public Facility to construct a 3,327 square foot expansion to the Resnick Health and Wellness Center on Lot lA of the Aspen Meadows SPA, City and Townsite of Aspen; 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, 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. 1111111111111111111111 ::~7~~:;1 ~0 22' JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 0 0.00 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section I: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approved the Specially Planned Area Amendment and GMQS Review for an Essential Public Facility to construct a 3,327 square foot expansion to the Resnick Health and Wellness center on Lot lA, of the Aspen Meadows SPA, subject to the conditions contained herein. Section 2: BuUdin!! Permit Application The Applicant shall submit a building permit application prior to commencing construction activities. The building permit application shall include the following items: 1. Detailed utility, landscaping, soils reports, excavation/stabilization plan, drainage report and plans. a. The utility plan to be submitted with the building permit application shall include the snowmelt service lines and access points. The service lines shall be planned in a manner that will not require trenching under existing trees or under proposed landscaping. The utility plan shall also indicate only one water tap to the main water line per building. ,j',""''-o - b. The landscaping plan to be submitted to the Historic Preservation Commission for final review and then as part of the building permit application shall include a detailed tree protection plan as described in Condition No. 14 below. c. The drainage plan to be submitted shall have been prepared by a licensed engineer and prepared to the specifications for a 5-year storm frequency. The drainage plan shall not show any clear water connections. Roof drains shall discharge onto landscape areas and not directly into the storm sewer. All drywells shall be located at least ten (10) feet from existing and proposed water lines and shall be located away from the steep slopes abutting the building subject to this application. 2. A construction management plan shall be submitted with the building permit application and shall meet the requirements of the City of Aspen Building Department. The construction management plan shall include a construction parking plan, a construction staging and phasing plan, haul routes, a construction ,~,- 1111111111111111 111I II ~~7~ ~:;1 ~ 0 : 22' JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 0 0.00 .."""""'. access plan outlining access to and from the construction area within the site, dust control measures, representation to cover dirt hauling trucks. The construction management plan shall also address compliance with noise limitations and methods to prevent tracking dirt onto Meadows Road. The haul route specified in the construction management plan shall be Meadows Road to North Seventh Street, and then to Highway 82. "- 3. The building permit application shall also include a PM-lO Mitigation Plan that includes the following methods of PM-lO mitigation: a. Provide secured and covered bike storage on the site. b. The Aspen Meadows shall join the Transportation Options Program. ,!fI""~' "- Section 3: Approved Dimensional ReQuirements The approved dimensional requirements shall be as represented in the SPA amendment application dated July 29, 2005; specifically the total allowable floor area of the Health Center shall be 8,884 square feet as is shown on the Area/History diagram included in the application. The approved height of the additions shall be as represented on the elevation drawings included in the application and the siting ofthe additions shall be as represented on the proposed site plan that included in the application. Section 4: Snow Stora!!e and Removal The building permit application shall contain a snow storage plan identifYing sufficient snow storage around the addition to the Health Center. Section 5: Fire Miti!!ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements ofthe Fire Marshall throughout the entire Health Center. Section 6: Water Department ReQuirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the 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. In upsizing the water tap to accommodate the fire sprinkler system, there shall be a single penetration in the water main and the existing water tap shall be abandoned prior to installing new service lines. Section 7: Aspen Consolidated Sanitation District ReQuirements The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. All existing clear water connections to ACSD lines shall be eliminated. One tap to the main sanitary line is allowed for each of the buildings within the development. All ACSD fees shall be paid prior to issuance of a building permit. ,..... The open area next to the new maintenance facility shall drain through an oil and sand separator that will then direct flow to a drywell or storm sewer system. "- Section 8: Exterior Lil!htinl! and Sil!nal!e All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. All new signage shall comply with the City's sign code regulations pursuant to Land Use Code Section 26.510, Signs. Section 9: Wildlife Trash Containers The Applicant shall install a wildlife-proof trash container meeting the requirements of the Environmental Health Department. c Section 10: Landscapinl! The Applicant shall submit a detailed landscaping plan, including a tree protection plan (should include an on-site construction access plan, detailing tree protection measures for trees in close proximity to construction access ways) as part of the final HPC application. The landscaping plan shall include a restoration plan for restoring the native vegetation on the slope adjacent to the new additions and around the leisure pool and hot tub. Tree protection fencing shall be erected around the driplines of any trees to be preserved prior to the commencement and throughout the duration of construction activities. The City Forester shall inspect the tree protection fencing prior to the commencement of construction activities. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic shall be allowed within the driplines of any tree to be preserved on the site. Section II: Pool and Spas All design, installation, and maintenance of the pools and spa shall comply with the Colorado Department of Health's "Swimming Pool and Mineral Bath Regulations". The Aspen Consolidated Sanltation District shall review and approve the drain size for the new outdoor swimming pool facility prior to installation. Each pool facility shall require fencing meeting the requirements of the International Building Code. Access to and into pool facilities shall meet ADA accessibility requirements. Section 12: Soil Stability and Sediment Control The Applicant shall submit a detailed erosion control and soil stability plan for maintaining the stability of the hillside adjacent to the proposed additions prior to building permit submittal. These plans shall include the location of silt fencing and erosion control measures. Section 13: Recessed Foundation The north westernmost comer of the building foundation for the northwest building addition that is to contain the new yoga studio shall be recessed as is shown on the site plan dated September 19,2005. /"'~ "- jl'IJ,III~'I~ ~~;~rJ ;.". R 36.00 0 0.00 \""- Section 14: 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 construed and concluded under such prior ordinances. Section 15: 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 16: A public hearing on the ordinance was held on the 28th day of November, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of November, 2005. r "- ,/A' ~'''''''",;-. ." F ~ "", 'I. Q II S....."" ~" 1'.' . t) Attest: ..~ '\ S E ^ L: . , FINALLY, adopted, passed and approved by a vote of five to zero (5-0), this 28th day of November, 2005. .'......-, "-- c Approved as to form: 1111111111111111111111 ~~7~~:;1 ~0221 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 36.00 0 0.00