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Home My WebLink Aboutordinance.council.042-00I IIIIII IIIII IIIIII IIIIll III lllllll Jill III Ill[ llll IIII I o~' 4 R 20.00 D 0.00 N 0.00 pI'TKXN COUNTY CO ORDINANCE NO. 42 (SERIES OF 2000) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REZONING FROM R-6 (MEDIUM DENSITY RESIDENTIAL) TO PUB (PUBLIC), AMENDMENTS TO THE ASPEN LAND USE CODE, AND AN EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY FOR THE YELLOW BRICK SCHOOL LOCATED ON LOTS A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, AND S, AND A FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR LOTS A, B, C, D, E, F, G, H, and I FOR THE YELLOW BRICK SCHOOL LOCATED AT 215 NORTH GARMISCH STREET, BLOCK 57, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-124-36-850 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Tim Anderson and Glenn Horn of Davis Horn Inc. for rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School located at 215 North Garmisch Street, City of Aspen, Pitkin County, Colorado; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Fire, Streets, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning from R-6 (Medium Density Residential) to PUB (Public'), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of six to one (6 - 1), to City Council to approve the rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan made at a duly noticed public hearing on August 15, 2000, that included comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; 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 I IIIlll IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII Iii IIII 447783 t8/85/2088 10:5'1R ORDXN~INC DI:IVXS SXLVX 2 o+' 4 R 28.88 D 0.00 N 0.88 PXTKXN COUNTY CO 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 Commtmity Plan; and, WHEREAS, the City Council approved Ordinance 42 by a vote of five to zero (5 - 0) at a regular public hearing held on September 25, 2000 approving the 1) the rezoning from R-6 (Medium Density Residential) to PUB (Public), 2) amendments to the Aspen Land Use Code, 3) Exemption from the Growth Management Quota System for an Essential Public Facility for the Yellow Brick School located on Lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 57 and 4) a Final Planned Unit Development (PUD) Plan for the Yellow Brick School building on Lots A, B, C, D, E, F, G, H, and I of Block 57, for the Yellow Brick School located at 215 North Garmisch Street, City and Townsite of Aspen, Pitkin County, Colorado." 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 rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School is approved with the following conditions: 1. That any new sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 2. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 3. That prior to remodel, expansion or demolition of any pan of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 447703 10/05/2000 10:511:10RDXNI:INC DI:IVX$ SXLVX 3 of' 4 R 28.08 D 0.00 N 0.00 PXTKXN COUNTY CO 4. That priority be given to children's educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children's educational use cannot accommodate the space on the main level of the Yellow Brick School; and 5. The Final Planned Unit Development (PUD) must be recorded with the Pitkin County Clerk and recorder. Section 2 Section 26.710.250 (A. and B.) of the City of Aspen, Colorado Land Use Code is hereby amended to read as follows: A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental: quasi-governmental and non-profit facilities for cultural, educational, civic and other non-profit purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district: 1. Library; 2. Museum; 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Public transportation stop; 7. Terminal building, and transportation related facilities; 8. Public surface and underground parking areas; 9. Fire station; 10. Public and private school; 11. Public park; 12. Arts, cultural and recreational activities, buildings and uses; 13. Accessory buildings and uses; and 14. Public and Private non-profit uses providing a community service; 15. Childcare center. Section 3: 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 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 I Illlll Illll Illlll Illlll Ill lllllll lllll III Illll llll IIII 447783 X5/05/2800 '15:51~ ORDXNglNC D~VX$ SXL.VX 4 of' 4 R 25.$$ D $.$$ N $.$$ PXTKXN COUNTY CO 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of August, 2000. ~chards FINALLY, adopted, passed .and approved this 25th day of September, 2000. Attest:; . Clerk ~ Rachel Richards, ~ayor Approved as to form: J~t~', ~2ity Attorney