HomeMy WebLinkAboutordinance.council.005-09Ordinance No. 5
(SERIES OF 2009)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE A
SPECIALLY PLANNED AREA AMENDMENT AND A GROWTH MANAGEMENT
REVIEW FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO THE PITKIN
COUNTY JAIL BUILDING LOCATED AT 485 RIO GRANDE PLACE, LEGALLY
KNOWN AS LOTS 1 AND 5, PITKIN COUNTY CENTER, CITY OF ASPEN,
COLORADO
Parcel Identification Number 2737-073-47-851 & 2737-073-06-855
WHEREAS, Stan Clauson Associates, Inc. located at 412 North Mill Street, Aspen,
Colorado on behalf of Pitkin County, 530 E. Main Street, Aspen, Colorado, submitted a request for
a Specially Planned Area Amendment dated October 6th, 2008 to the Community Development
Department; and
WHEREAS, the subject property is located at 485 Rio Grande Place, Aspen, the parcels aze
identified as pazcel numbers 2737-073-47-851 & 2737-073-06-855, and the legal description of the
property is: Pitkin County Center, Lot 1 and 5, City of Aspen, County of Pitkin, State of Colorado;
and
WHEREAS, the Specially Planned Area approval for the Property was originally approved
by the Aspen City Council in 1977 and again for the Rio Grande Master Plan in Ordinance No. 10
Series of 1993; and
WHEREAS, the current request is to receive approval from the City Council for a
Specially Planned Area amendment to amend the SPA and Growth Management Review to permit
the construction of a 324 squaze feet addition to allow for storage of data equipment and computer
servers; and
WHEREAS, the Planning and Zoning Commission reviewed and considered the
application for a Specially Planned Area Amendment Review and Growth Management Review,
and has taken and considered public comment at a duly noticed public hearing on December 16th,
2008 and January 6~', 2009 respectively. The Planning and Zoning Commission approved
Resolution No. 36 of Series 2008 and Resolution No. 1 of Series 2009 to recommend that the City
Council approve the application; and,
WHEREAS, the City Council reviewed and considered the application for a Specially
Planned Area Amendment Review pursuant to Code section 26.440.050 under the applicable
provisions of the Municipal Code as identified herein and Growth Management Review as pursuant
to Code section 26.470.090, has reviewed and considered the recommendation of the Community
Development Director and the Planning and Zoning Commission, and has taken and considered
public comment at a duly noticed public hearing on December 16th, 2008; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the request; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this
Resolution furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO IN REGULAR MEETING ASSEMBLED, THAT:
Section 1•
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves the of the Specially Planned Area Amendment and Growth
Management review as requested for the Property.
The recommendation of approval granted herein is conditioned on the following:
1. The applicant is required to remove snow or store accumulated snow on site. Snow is not
permitted to be relocated to the Rio Grande Park to limit damage to the sprinkler heads.
2. The applicant will be required to apply for a lot line adjustment or otherwise remedy the
building location proposed to be over a lot line. The Building Code does not permit
buildings to span lot lines.
3. The Parks Department requires a landscaping plan be provided with the building permit
that provides for:
a. Tree Protection: A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site and their represented
drip lines. A formal plan indicating the location of the tree protection will be
required for the bldg permit set. 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 remaining on site. This fence must be inspected by
the city forester or his/her designee before any construction activities are to
commence.
b. Plant Spacing: Appropriate spacing will be required for all new plantings.
Coniferous Trees will require adequate spacing between trees and distance from
buildings or structures to allow for mature growth. Deciduous Trees will require
adequate spacing from structures to accommodate mature growth in height.
c. Seed Mix and Irrigation: Applicant shall use the City of Aspen approved native
seed mix and a temporary or permanent irrigation system will be required for
establishment.
d. Weed Management: Applicant shall detail and define how it will manage noxious
weeds during the seed establishment period.
Section 3:
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
z
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 Resolution 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 5:
All material representations and commitments made by the Applicant pursuant to the approvals as
herein awazded, whether in public hearing or documentation presented before the Planning and
Zoning Commission or City Council, aze hereby incorporated in such approvals and the same shall
be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 5:
A public hearing on this ordinance shall be held the 23`d day of March, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice shall be published 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 23rd day of February, 2009.
Attest:
Kathryn S. ' ch, City Clerk
FINALLY adopted, passed and approved this
Attest:
Kathryn S. I h, City Clerk
Approved as to form:
. Wor ester, City Attorney