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HomeMy WebLinkAboutordinance.council.002-13 RECEPTION#: 606029, 12/02/2013 at 11:01:18 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 2 (SERIES OF 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY AND SUBDIVISION-OTHER AMENDMENT, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A- I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735-124-81-100 WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of a Growth Management Review to Determine Employee Generation, Subdivision and a Growth Management Review as an Essential Public Facility, to construct the Jewish Community Center, located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, the Community Development Department Director determined that the parsonage is accessory to the Jewish Community Center which is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the subject property is a designated landmark and is located within the Main Street Historic District; and, WHEREAS, the Aspen Planning and Zoning Commission adopted Resolution 24, Series of 2006 approving 9 parking spaces and an employee generation of 9.63 FTEs for the project including a sanctuary, preschool, administrative building, social hall, and the historic preservation of six historic 1940s era tourist cabins along the alley and Third Street; and, WHEREAS, the Aspen City Council adopted Ordinance 36, Series of 2006 approving Subdivision and Growth Management for an Essential Public Facility, including a mitigation rate of 44% for the 9.63 FTEs generated, for the project with a total of 19,665 square feet for a sanctuary, preschool, administrative building, social hall, and the historic preservation of six historic 1940s era tourist cabins along the alley and Third Street; and, WHEREAS, the Aspen Historic Preservation Commission adopted the following resolutions related to the design of the project: HPC Resolution 19, Series of 2006 (conceptual approval); HPC Resolution 5, Series of 2007 (final approval); HPC Resolution 40, Series of 2007 (substantial amendment); HPC Resolution 7, Series of 2011 (substantial amendment); and HPC Resolution 20, Series of 2012 (conceptual approval for parsonage and parking); and, Ordinance No. 2, Series of 2013 Page 1 of 4 WHEREAS, Aspen Historic Preservation Commission Resolution 7, Series of 2011 reduced the size of the social hall and reduced the total floor area for the entire project to 17,100 square feet; and, WHEREAS, the Aspen City Council adopted Resolution 17, Series of 2010 extending the vested rights of the project to March 1, 2013; and, WHEREAS, the Aspen Planning and Zoning Commission adopted Resolution 23, Series of 2012 determining an employee generation rate for the subject application and recommending approval of a growth management review; and, WHEREAS, the Aspen City Council has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen 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 Community Plan; and, WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the City Council on February 11, 2013, at which time the Council considered and found the application to meet the review standards, and approved a Growth Management Review of an Essential Public Facility and Subdivision—Other Amendment with conditions, by a vote of five to zero (5 —0); and WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section I General Approvals: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions a Growth Management Review for an Essential Public Facility and Subdivision — Other Amendment to amend the approved project located at 435 W. Main Street by replacing the 4,575 square foot social hall with an approximately 4,000 square foot parsonage. The total Floor Area for the Essential Public Facility is 16,525 square feet (12,525 square feet for Phase 1 including the sanctuary and six cabins, and 4,000 square feet for Phase 2 including the parsonage) Ordinance No. 2, Series of 2013 Page 2 of 4 Section 2: Affordable Housing The City Council hereby determines that maintaining the 9.63 FTEs determined by the Planning and Zoning Commission via Resolution 24, Series of 2006 for the original project remains valid as well as the mitigation rate of 44%to be provided on-site. An employee audit consistent with the recorded Subdivision Improvement Agreement for the project (Pitkin County Clerk and Recorder reception # 543901), Section 5, part d, remains a requirement. Section 3• Amendment to the Subdivision Improvements Agreement The Applicant, within 180 days of this ordinance's approval, commits to amending the existing Subdivision Improvements Agreement, to the satisfaction of the city attorney, requiring the parsonage to be an accessory use to the Aspen Jewish Community Center and prohibit its use as a single family residence unrelated to the center. Section 4: The approvals set forth in City Council Ordinance 36, Series of 2006 and Planning and Zoning Commission Resolution 24, Series of 2006 remain valid unless specified herein. Section 5: 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 6: This resolution 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 7: 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 8: A public hearing on this ordinance shall be held on the IIth day of February, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen 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. Ordinance No. 2, Series of 2013 Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28h day of January, 2013. Attest: Kathryn S. ch,City Clerk Michael C. Ireland,Mayor FINALLY,adopted,passed and approved this 11TH day of February,2013. Attest: Kathryn S. K h, City Clerk Michael C. Ireland,Mayor Approved as to form: ity Attorney Ordinance No. 2, Series of 2013 Page 4 of 4 t Ad Name: 8868787A LEGAL NOTICE Customer: Aspen (LEGALS) City of ORDINANCE#2,2013 PUBLIC HEARING Your account number: 1013028 reading a#2,Series of 2013,was adopted on 28, reading at the City Council meeting January 28, 2013. This ordinance,if adopted will amend a pre- viously approved site plan for the Jewish Commu- nity Center by developing a parsonage onsite rath- er than a social hall. The public ary 11,2 3,this ordinance is scheduled for February 11,2013,at 5 PM,City hall,130 South Galena. To see the entire text,go to the city's legal notice website http://www.aspenpitkin.com/Departments/Clerk/Le- gal-Notices/ TZ: A2:1 TIM:: If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. Published in Aspen Times Weekly on February 7, STATE OF COLORADO, 2013. [8868787] COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 2/7/2013 and that the last publication of said notice was in the issue of said newspaper dated 2/7/2013. In witness whereof,I have here unto set my hand this 03/15/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/15/2013. Mary E.Borkenhagen,Notary Public „"011 yy Commission expires:September 12,2015 ` 1\ O NOTARY`•9ms Z- �BLtC OF COLO�Pa�,,a Expxes p9'