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Home My WebLink Aboutordinance.council.032-08ORDINANCE N0.32, (SERIES OF 2008) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND GROWTH MANAGEMENT REVIEW FOR AN EXPANSION AND RENOVATION OF THE PAEPCKE AUDITORIUM, LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION, COMMONLY KNOWN AS THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET PARCEL ID: 2735-121-29-809 WHEREAS, the property commonly known and referred to as the "Aspen Meadows" has previously been designated a specially planned area (SPA) on the City of Aspen Official Zone District Map; and WHEREAS, Ordinance No. 14, Series of 1991, of the City Council of the City of Aspen, granted final approval of the Aspen Meadows Specially Planned Area (SPA) final development plan, subdivision approval, rezoning and zoning map amendments, residential growth management allotment, excess growth management allotment, growth management exemption for essential public facilities, condominiumization, and vesting of development rights was approved; and WHEREAS, in 1992, the First Amended Plat was approved to reconfigure the subdivision to create Lot 1-B, a parcel that is 13.160 acres and has three existing buildings; the Bechter Building, the Seminar Facility, and the Paepcke Auditorium building. WHEREAS, in 1995, the Second Amended Plat was approved, allowing modifications to the Seminar Building, defining dimensions and setbacks with a supplemental site plan. WHEREAS, the applicant, The Aspen Institute, represented by Jim Curtis, Planner, requested conceptual major development approval for the remodeling and renovation of the Paepcke Auditorium, located at 1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1 B, City and Townsite Aspen; and WHEREAS, for Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, at their regular meeting on July 23`d (after the hearing was noticed, opened, and continued from May 28, 2008), the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the application with conditions by a vote of5to0. Ordinance No.32, Series of 2008 1 WHEREAS, the Applicant also applied fora (Consolidated) SPA amendment for the changes to the Paepcke Auditorium, and for Growth Management Quota System to be determined an Essential Public Facility; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on September 16, 2008, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. 29, Series of 2008 by a five to zero (5-0) vote; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, during a duly noticed public hearing on October 27, 2008, the Aspen City Council approved a (Consolidated) SPA amendment for the changes to the Paepcke Auditorium, and for Growth Management Quota System to be determined an Essential Public Facility, as described herein, by a vote of four to one (4-1): NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: The consolidated SPA application shall address comments in the following sections: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby grants approval of a Consolidated Specially Planned Area (SPA) Amendment and Growth Management Quota System Review for an Essential Public Facility. Additionally, The City Council recommends the City of Aspen, The Aspen Institute, MAA, RFTA, and the West End Neighborhood work together on the components of traffic, parking, parking enforcement, transit, pedestrian paths, and cleaning up rights-of--ways. Section 2: Building The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. Accessible routes to any public right-of--way and accessible parking spaces will be required. The proposed project will be subject to the newly adopted Use Tax on building materials. The proposed project may be required to comply with a newly developed Efficient Building Program for Commercial projects. Section 3: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, and all design and construction standards published by the Engineering Department. Ordinance No.32, Series of 2008 2 Section 4: Affordable Housing Audit The applicant shall submit an employee audit prior to building permit issuance and two years after issuance of C.O. the form and methodology of the audit shall be reviewed by APCHA and be consistent for both audits. The applicant shall provide mitigation for any increase in employees unless otherwise waived by City Council. Section 5: Fire MitiEation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 6: Public Works 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. Utility placement and design shall meet adopted City of Aspen standards. Section 7: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. ACSD will not approve service to food processing establishments retrofitted for this use at a later date. Oil and Grease interceptors are required for all food processing establishment. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells, elevator shafts drains must flow thru o/s interceptor. Below grade development may require installation of a pumping system. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. All ACSD fees must be paid prior to the issuance of an excavation/foundation or access/infrastructure permit. Section 8: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior LightinS All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: Dimensional Standards The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.440, Specially Planned Area; attached as Exhibit A. Ordinance No.32, Series of 2008 3 Section 11: Parks An approved tree permit is required before submission of the building permit set. Parks requests alternate plans for proposed on-site mitigation. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. All new plantings will need to be irrigated and the landscape plan reviewed by Parks Department Section 12: Transportation Transportation requests that the Institute meet with Staff prior to each summer season to discuss their schedule of events and associated transportation/parking impacts as well as mitigation such as increased shuttle service, etc. Transportation requests that the Institute communicate with event staff/attendees about alternative transportation options prior to large events. Section 13: Zoning The applicant shall clarify the remaining or "floating" floor area within the Institute SPA. The applicant shall verify the height and review the elevations with Zoning Staff prior to building permit submittal, showing all proposed mechanical equipment to be located on the roof. Section 14: 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 15: 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 conducted and concluded under such prior ordinances. Section 16• 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 17: A public hearing on this ordinance shall be held on the 10th day of November, 2008, at a meeting of the City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. [Signatures on following page] Ordinance No.32, Series of 2008 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14~' day of October, 2008. Attest: Kathryn S. ch, City Clerk Michael C. reland ayor FINALLY, adopted, passed and approved this 27th day of October, 2008. Attest: Approved as to form: ,--, ~ ` OB ~---'~"To in orcester, City Attorney r / i 7 Gt8 Michael C. Ireland, Mayor List of Exhibits Exhibit A -Approved Site Plan, Lot Area, Paepcke Auditorium Building Floor Area Dimensions Ordinance No.32, Series of 2008 aLL /r WTT i W ~~ ~~ ~ ~ y ~ H' • ~!ti p a M q m ~ M r < ~ N ~ 6 O ~ ~ W J Z r ~ ~ et N ~.c~ W'~ ...~ j ~ ie m m ~ ~ O O ~ 3 LL 0 0 ~ w O ~ ~ (7 f'Gr'~ ~ K r j K v.O t W j ~ U a ~ m c W K LL I ~ ~ .xai ~v a c O w }w z.- gOZ st $ ~ ~ ~3~~ ~~r-...~