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HomeMy WebLinkAboutordinance.council.026-02 Page: 1 of 4 09/05/2002 09: 15A $ILVIA D~VIS pITKIN GOUNTY ~0 R ~)1 .OO O 0.00 --~ O NANCE , ,,,.,tSz:~uES'-'"t~r 2002) AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CiTY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO TIlE ~ G~DE SPECIALLY PLANNED AREA TO INSTALL' FouR PARI~NG sPACES, LANDSCAPING, AND A NEW CURB CUT OFF OF EAST BLEE~ STREET ON LOT 5, RIO GRANDE SUBDIVISION/SPA, CITY OF JkSPEN; PITKIN COUNTY, COLORADO. Parcel No. 2737-073-06-855 WIIEREAS, the Community Development Department received an application from Pitkin County for an amendment to the Rio Grande Specially Planned Area to install four parking spaces, landscaping, and a new curb cut off of East Bleeker Street on Lot 5, Rio Grande Subdivision/SPA; and, WHEREAS, City Council ResOlution N°i 42, Series of 1993 approved the Rio Grande Master Plan; and, WIIEREAS, pttrsuant to the Rio Grande Master Plan and apPlicable provisions of the Municipal Code, development review for site specific projects for the Rio Grande parcels shall be reviewed through the Specially planned Area development review; and, WIIEREAS, City Council Ordinance No. 10, Series of 1993 granting the Subdivision of the Rio Grande ProPerty, indicated that Lot 5, Rio Grande Subdivision is intended for the future expansion of the Pitkin County Jail; and, WIIEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve a Specially Planned Area Review during a duly noticed Public heating after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WIlEREAS~ during a duly noticed public heating on July 2, 2002, the Planning and Zoning Commission recommended, by a four to one (4-1) vote, approval of an amendment to the Rio Grande Specially Planned Area to install four parking spaces and a new curb cut to access the parking spaces off of East Bleeker Street, with the conditions contained herein; and, WIIEREAS, the Community Development Department reviewed the Project and recommended approval with conditions; and, WIIEREAS, 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, Page: 2 or' 4 69/05/2002 09: tS~q 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 Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. Now, TI EREI*ORE, BE n' BY CITY cOtrSC I c rv ' OF ASPEN, COLORADO, TItAT: Section 1 An amendment to the Rio Grande Specially Planned Area to install four parking spaces, landscaping, and a new curb cut off of East Bleeker Street, is approved with the following conditions: 1. The Applicant shall submit a detailed drainage plan to the Community Development Engineer for approval prior to commencing construction. 2. The Community Development Director may approve minor site plan amendments that are required to accommodate changes in the existing vehicular access and lot configuration that may come about as a result of the Obermeyer COWOP Application. 3. The Applicant shall erect a construction fence between the trail and the area of excavation during construction. The Applicant shall also erect warning signs along the trail at both ends of the project during construction. 4.All finished landscaping shall be placed no closer to the trail than 2 feet for user safety. 5. The Applicant shall submit the ingredients of the proposed landscaping seed mixes to the Parks Department for approval prior to planting. 6. A detailed in:igation plan shall be provided to the Parks Department for approval prior to commencing construction. 7. The Applicant shall not plant any landscaping that covers up the building mounted fire hydrant connection. 8. The depth cover for the fire hydrant line shall not be reduced by more than one foot as a result of the grading at the entrance to the parking area. 9. Snow storage shall be on-site and not within the public right-of-way or the pedestriar~bike trail. Page: 3 of" 4 09/05/2002 09; SILVIA DAVIS PITKIN COUNTY CO R 2~,,00 D 0.00 10. The Applicant is aware that amendments to the parking site plan on Lot 5 may be required to accommodate the land swap that is proposed in the Obermeyer COWOP application (if approved) to relocate the East Bleeker Street z/ght-of- way. This condition shall not obligate the Applicant to financial costs associated with amendments to the parking site plan that may be necessitated as part of the Obermeyer COWOP application. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whethcn' 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 3: Tl'fis 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 amended 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 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 5: A duly noticed public hearing on this Ordinance was held on the 26th day of August, 20002 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as Provided by law, by the City Council of the City of Aspen On the 22nd day of July, 2002. City Clerk Page: 4 of 4 09/05/2002 09: 15~ 5ILVIA DAVIS PITK N COUNTY CO R 21.00 D 0,00 ~ FINALLY, adopted, passed and approved by a five to zero (5-0) vote on this 26th day of August, 2002. ele K in fi[J~fi~lr~l~ Mayor City Clerk Approved as to form: c J-ohmiC. W'6~-~ e s t e r, city Attorney