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HomeMy WebLinkAboutordinance.council.029-83 RECORD OF PROCEEDINGS ~ 100 Leaves ORDINANCE NO. 29 (Series of 1983) AN ORDINANCE ADOPTING AN APPROVED SPA PRECISE PLAN FOR LOT 3 OF THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT, THE ELEMENTS OF WHICH PRECISE PLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR LOT 3 OF THE TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT AS PROVIDED FOR UNDER SECTION 24-7.2 OF THE ASPEN MUNICIPAL CODE WHEREAS, Lot 3 of the Trueman Neighborhood Commercial Project is part of an existing SPA plan and the development of the lot requires that an amendment to the SPA be processed by approval of the specific development plat for Lot 3, and WHEREAS, the applicant has made efforts to respond to the very sensitive nature of surrounding land uses, and WHEREAS, one important concession offered by the applicant is the dedication to the Ctiy of the rear 115 feet of the property for use as a park, and WHEREAS, the Planning and Zoning Commission and the City Council feel that the relocation of the trail to the west side of the property affords open space views and is preferable to its location on the east side, but will require that certain easements be secured, and WHEREAS, the project does conform to all area and bulk requirements of the underlying S/C/I zone, except for the location of the Koch Lumber Co. building (which will contain the manager's office and apartment) which necessitates the adoption of a 5 foot front yard setback requirement, and WHEREAS, the project has been reviewed in accordance with the criteria of Section 24-12.5 and was found to be in substantial compliance, and WHEREAS, the Aspen Planning and Zoning Commission held public hearings on April 5, 1983, and April 26, 1983, at which time it RECORD OF PROCEEDINGS 100 Leaves did consider adoption of a precise plan for Lot 3 of the Trueman Neighborhood Commercial Project, and WHEREAS, the Aspen Planning and Zoning Commission subse- quently approved Resolution 83-4 of the precise development plan for Lot 3 of the Trueman Neighborhood Commercial Project, and WHEREAS, the site design as finally approved represents the precise plan for development of Lot 3 of the Trueman Neighborhood Commercial Project, will set the area and bulk requirements for the property and will constitute a duly enacted amendment to the general SPA plan for the Trueman Neighborhood Commercial Project, and WHEREAS, the City Council has reviewed the proposed precise plan presented and wishes to approve the same as provided for under Section 24-7.2 of the Municipal Code of the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby adopt the precise plan for specially planned area, pertaining to Lot 3 of the Trueman Neighborhood Com- mercial Project, Aspen, Pitkin County, Colorado, a copy of which is attached hereto and incorporated herein by this reference. All development in Lot 3 of the Trueman Neighborhood Commercial Pro- ject shall be in conformance with the elements of the precise plan, and the definitional, regulatory and other general provi- sions of Chapter 24 of the Aspen Municipal Code shall, when not in conflict with the approved plan, continue with equal force and effect within such area. Subsequent to the effective date of this ordinance, a copy of this approved precise plan shall be recorded in the office of the Pitkin County Clerk and Recorder and remain of public record; and, shall constitute the development regula- tions applicable to Lot 3 of the Trueman Neighborhood Commercial RECORD OF PROCEEDINGS 100 Leaves Project unless and until amended by the authority of the City of Aspen. Section 2 The permitted uses according to the precise plan are those uses permitted in the S/C/I zone. Section 3 That area and bulk requirements for the site are determined by the precise plan for SPA and shall be as follows: Lot Area 1.147 acres Minimun Lot Width 100 feet Minimum Front Yard 5 feet (from Puppy Smith Street) Minimum Side Yard No requirement Minimum Rear Yard No requirement Maximum Building Height 32 feet Minimum Distance Between Buildings No requirement Proposed Structures As depicted on SPA Submission Plan Off-street parking As per Section 24-4.5 Aspen Zoning Code External Floor Area Ratio 1:1 Internal Floor Area Ratio No requirement Such precise plan shall include the dedication to the City of the rear 115 feet of the property for use as a park. Section 4 That approval of the precise plan for SPA is made subject to the following conditions: (1) Retention of the existing easement for storm drainage and access to Jenny Adair Park along the westerly property line. (2) Evidence of agreement from the Aspen Sanitation District and Holy Cross Electric with the plan regarding existing facili- ties, setback needs and potential relocations prior to final Coun- cil approval. RECORD OF PROCEEDINGS 100 Leaves (3) Evidence of assurance from adjacent property owners that easements are available to accommodate the trail relocation, grad- ing and landscape needs prior to moving the trail. (4) Repositioning the location of the storage buildings and the Koch Lumber Co. structure such that a 5 foot front yard exists on Puppy Smith Street. (5) Grading and access requirements for the parcel be sub- mitted to and accepted by the City Engineering Department prior to construction. (6) The Koch Lumber Co. building (manager's office and resi- dence) be hooked up to City Water and AMSD sanitary sewer lines. (7) Signage be provided on-site to notice vehicle operators of the 15 minute idling ordinance. (8) All run-off from paved areas and roof drainage be con- tained on the site. (9) Provision of three parking spaces at the Koch Lumber Co. building site. (10) Fencing be provided of natural materials which is high enough to obscure the view of first level storage activity. (11) Lighting be low-key and have limited hours of use in consideration of the wildlife sanctuary. Section 5 That the City commits to negotiate and, if possible, purchase the easement on the west side of the property for trail and land- scape purposes. Section 6 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 'Section 7 A public hearing on the ordinance shall be held on the day of , 1983, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published RECORD OF PROCEEDINGS 100 Leaves once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the __ day of , 1983. Herman Edel, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 1983. Herman Edel, Mayor ATTEST: Kathryn S. Koch, City Clerk