HomeMy WebLinkAboutordinance.council.037-00 ORDINANCE NO. 37
(SERIES OF 2000)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE RED BRICK
ARTS A_ND RECREATION CENTER PLANNED UNIT DEVELOPMENT
AMENDMENT TO CONSTRUCT A CONFERENCE ROOM AND SNOW-SHED
CANOPY ON THE RED BRICK ARTS AND RECREATION CENTER, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-124-36-850
WHEREAS, the Community Development Department received an application from
the City of Aspen Recreation Department, represented by Tim Anderson, Recreation
Director, for an amendment to the Red Brick Arts and Recreation Planned Unit Development
(PUD) to construct a conference room on the west end of the structure and construct a snow-
shed canopy on the east end of the structure; and,
WHEREAS, the subject property is a located in the Public (PUB) Zone District; and,
WHEREAS, the Aspen City Council approved Ordinance No. 22, Series 1993 that
granted rezoning from R-6 to Public, Growth Managemem Quota System Exemption for
Essential Public Facilities, and approval for a Final PUD Development Plan for the Aspen
Arts and Recreation Center (F. K. A. The Red Brick Elementary School) located at 110 East
Hallam (Lots A-I and K-S, including the alley in block 64, and lots E, F, G, and part of lots
A, B, and C, Block 71) in the Townsite of Aspen, Pitkin County, Colorado;
WHEREAS, pursuant to Sections 26.445, the City Council may approve an
amendment to an approved Planned Unit Development, during a duly noticed public hearing
after considering a recommendation from the Planning and Zoning Commission made at a
duly noticed public hearing, comments from the general public, a recommendation from the
Community Development Director, and recommendations from relevant referral agencies;
WltEREAS, the Community Development Director reviewed the PUD amendment
and recommended approval; and,
WHEREAS, the Historic Preservation Committee offered a unanimous endorsement
of the proposed developments during a special meeting on July 13, 2000; and
WHEREAS, during a duly noticed public hearing on August 1, 2000, the Planning
and Zoning Commission approved Resolution No. 00-35, Series 2000, by a seven to zero (7-
0) vote, recommending City Council approve the Red Brick Arts and Recreation PUD
Amendment; 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, during a duly noticed public hearing on September 11, 2000, the City of
Aspen City Council approved a second reading of Ordinance No. 37, Series 2000, by a four
to zero (4-0) vote, approving the Red Brick Arts and Recreation PUD Amendment; and,
WHEREAS, the City Council fmds 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 RESOLVED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Red Brick Arts and Recreation PUD Amendment to construct a conference room on the west
end of the structure and construct a snow-shed canopy on the east end of the structure is
approved with the following conditions:
1. This project shall meet all of the codes and requirements of the Aspen Fire
Protection District. This includes but is not limited to maintaining fire alarm
coverage in the new conference area;
2. Site development approvals must include the requirement meeting runoff design
standards of the Land Use Code Section 26.580.020(A)(6)(a) and a requirement
that, prior to the building permit application, a drainage mitigation plan (24"x36"
size plan sheet or on the lot grading plan) must meet the requirements of the
Engineering Department Interim Design Standards and must be submitted for
review and approval by the Engineering Department. The mitigation plan must also
address the temporary Sediment control and containment plan for the construction
phase. The drainage may be conveyed to existing landscaped areas if the drainage
report demonstrates that the percolation rate and the detention volume meet the
design storm;
3. That a full soils report and drainage report are needed prior to the application of a
building permit;
4. That the applicant receive approval from the City Engineering Department for
design of improvements, including grading, drainage, transportation/streets,
landscaping, and encroachments within public right of way;
5. That the applicant receive approval from the Streets Department for mailboxes,
finished pavement, surface materials on streets, and alleyways;
6. That the applicant obtain either right-of-way permits or encroachments licenses as
required for any work or development in the public right-of-way, from the
Engineering Department; and
7. That the current drawings submitted are insufficient to determine if the proposed
additions meet the height, setback, and floor area requirements of the PUD. The
2
applicant shall provide adequate and scaled site plans indicating exact locations of
all proposed structures so that they do not exceed the height, setback, and floor area
requirements of the PUD prior to the approval of the PUD Amendment and the
application for building permits.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing 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 3:
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 4:
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 14th day of August, 2000.
Attest. :
Kathryn Sgfl~och, City Clerk
FINALLY, adopted, passed and approved this 11th day of September, 2000.
Attest:
Kathryn S~o'ch, City-(~lerk ~.~ a~
Approved as to form:
John ~ol~to~(, C~ity Attorney