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HomeMy WebLinkAboutordinance.council.022-93 .~..'" ~, 'i(", ~a ., i." L~ " ORDINANCE NO.22 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM R-6 MEDIUM DENSITY RESIDENTIAL TO PUBLIC (PUB), GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, AND APPROVAL OF A FINAL PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN FOR THE ASPEN ARTS AND RECREATIONAL CENTER (F.K.A. THE RED BRICK ELEMENTARY SCHOOL) LOCATED AT 110 E. HALLAM (LOTS A-I AND K-S, INCLUDING THE ALLEY IN BLOCK 64, AND LOTS E,F,G AND PART OF LOTS A,B AND C, BLOCK 71), IN THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, on January 14, 1993, the City of Aspen purchased the former Red Brick Elementary school for the purpose of creating a community-oriented arts and recreation facility; and WHEREAS, the City Council appointed a citizen I s advisory group known as the Red Brick Committee to recommend appropriate uses and development scenarios for the structure; and WHEREAS, the city intends to lease portions of the building for non-profit arts related organizations for offices and studio spaces, for-profit studio spaces, and for use by the City Recreation Department for office space and the gymnasium; and WHEREAS, the Aspen Area Community Plan established a goal to rezone the former school site to Public; and WHEREAS, the City of Aspen submi tted an (Applicant) application (the "Plan") to the Planning Office for rezoning of the former school site from R-6 (medium Density Residential) to Public (PUB), GMQS Exemption for Essential Public Facilities, Special Review for Parking, and Final (Consolidated) PUD review, in conjunction with a code amendment to the Public (PUB) zone district to allow "arts, cultural and recreational activities, buildings and uses"; and 1 ,".-','- .. 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WHEREAS, the Planning Office received referral comments from the city Engineer, Housing Office, and Water Department; and WHEREAS, upon review of the application, referral comments, and the applicable code standards, the Planning Director forwarded a recommendation for approval of the Plan with conditions to the Planning and zoning Commission; and WHEREAS, the Planning and Zoning commission reviewed the development proposal in accordance with those procedures set fo~th at section 24-6-205(A) (5) (b) of the Municipal Code and did conduct a public hearing thereon on April 13, 1993; and WHEREAS, upon review and consideration of the plan, agency and public comment thereon, and those applicable standards as contained in chapter 24 of the Municipal Code, to wit, Division 9 of Article 7 (Planned Unit Development), Division 4 of Article 7 (Special Review), Division 11 of Article 7 (Zoning Map and Text Amendment), section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota System Exemptions by city council for Essential Public Facilities) , the Planning and Zoning commission has recommended final approval of the Aspen Arts and Recreation Center subject to conditions, to the city Council; and WHEREAS, the Planning and Zoning commission further granted Special Review approval for parking in a Public (PUB) zone district; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, reviewed considered has and those 2 ~, ~t. 'ei ~, '" ~. recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standards and that the approval of the Plan, 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 public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24-7-903 B.4. of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the city Council finds as follows in regard to the Plan's planned unit development dimensional requirements component: 1. The Developer's final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The Plan is consistent with the Aspen Area Community Plan. 3. The Plan is consistent with the character of existing land uses in the surrounding area. 4. The Plan will not adversely affect the future development of the surrounding area. 5. The Plan approval is being granted only to the extent to which GMQS exemptions are obtained by the applicant. Section 2: Pursuant to the findings set forth in Section 1 above, the City Council grants consolidated Final PUD development plan approval for the Aspen Arts and Recreation Center subject to the following conditions: 3 ~ . ~. ~\ "'<. 1. Prior to issuance of the certificate of Occupancy the .35 on-site parking spaces shall be striped and signed for use by users of the Aspen Arts and Recreation Center. 2. Prior to or within 6 months of the issuance of the certificate of occupancy, a landscaped buffer shall be installed between the parking area and the trail on the north side of the subject property. 3. Prior to the issuance of a certificate of occupancy, a drop-off parking area shall be dedicated in front of the building along East Hallam street pursuant to recommendations of the Parking and Transportation Director. 4. Any improvement to of-way must be Department. the parking in the Garmisch st. righ~- coordinated with the Engineering 5. Prior to the issuance of a Certificate of Occupancy,an easement must be established for a l4 I wide trail, electric switchgear, and other utility or pedestal needs. 6. ae'" ~ \~. 7. Prior to the issuance of a Certificate of Occupancy the two water service lines to the building must be properly metered. The applicants shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 8. The actual dimensions shall be the dimensional requirements of this PUD development plan: a. Minimum distance between buildings - 10' b. Maximum height (including viewplanes) - 25' c. Minimum front yard - 10' ,( except 4' at southeast entry) d. Minimum rear yard - 15' e. Minimum side yard - 5' f. Minimum lot width - 60' g. Minimum lot area - 6,000 square feet h. Trash access area - see provided survey i. External and internal floor area ratio - .75:1 j. Minimum percent open space - no requirement .'11,..,' ! I' ~" 9 . The Final PUD Development Plan and PUD Agreement shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the documents within a period of one hundred and eighty (180) days following approval by the City Council shall render the approvals invalid, unless reconsideration and approval of both the Commission and city Council' is 4 ."','" ,) t< e, \1 ~~"" lilt" \0, "'~'.~-' obtained before their acceptance and recording. 10. The city shall require that annual tenant leases and/or sub-leases include stipluations for auto-disincentives and measures to reduce parking demand anq congestion in the immediate neighborhood. 11. The traffic mitigation portion of the PUD plan shall be reviewed by city council after the first and third years of operation. section 3: Pursuant to section 24-8-104 C.1.b. of the Municipal Code, the City Council finds as follows in regard to the Applicant's request for Growth Management Quota System development exemption for essential public facilities: Arts and recreation have historically provided cultural enrichment to the citizens of the City of Aspen without which the City would not have attained its present character and standing in the national and international community. The City'S proposal for use of the former school building as a center for non-profit arts related studios and offices, limited area for for-profit studios, and recreation offices and activities will enhance the art and recreation experiences for the citizens of the city of Aspen and the general public. 2. The use of the building for for-prof it artist studio space is limited to 5% of the structure pursuant to the financial bonding requirements for the building. Furthermore, the artist studio space is intended to be educationally oriented to allow citizens of Aspen and the general public the opportunity to observe artists practicing their skills. 1. section 4: Pursuant to section 24-7-1l02 of the Municipal Coqe, the city council finds as follows in regard to the zoning map amendment component of the Plan: 1. The proposed zoning amendment as set forth in the plan are not in conflict with the provisions of Chapter 24 of the Municipal Code or the Aspen Area Community Plan. 2. The proposed zoning amendment is compatible with the surrounding zone districts and land uses. 3. The proposed zoning amendment will not adversely impact 5 ,1.".,',' ~. '<" e", , x ''l " ',,-, \1. traffic generation or road safety when taken into consideration with the other aspects of the Plan. 4. The proposed zoning amendment will promote the public interest and character of the city of Aspen. Section 5: Pursuant to Section 24-7-1102 and 24-7-1103, and Division 2 of Article 5 of Chapter 24 of the Municipal code, and findings set forth in Section 5 above, the city Council does grant the following amendment to the Official Zone District Map and does designate the following zone district for the development subject to the conditions as specified below: 1. The Public (PUB) zone district shall be applied to Lots A-I and K-S, including the alley in Bloc], 64, and Lots E,F,G and part of Lots A,B,and C in Block 71, in the city and Townsite of Aspen. Section 6: All material representations and commitments made by the developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and zoning Commission and 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 other specific conditions. section 7: The Official Zone District Map for the city of Aspen, Colorado, shall be and is hereby amended to reflect the rezoning action as set forth in section 6 above and such amendment shall be promptly entered on the Official Map in accordance with Section 24-5-103 B. of the Municipal Code. section 8: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now 6 .. *,;..,',., '8 ) ';\ tA, \\. . 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 9: 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 10: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appendeq to said notice shall be the ordinance granting such approval. section 11: That the City Clerk is directed', upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. section 12: A public hearing on the Ordinance shall be held on the /c? day of ~, 1993 at 5:00 in the city council Chambers, Aspen city Hall, Aspen Colorado, fifteen (l5) days prior to which hearing a 7 ',\,,~',,", @ t ""\. et $ \~< '-" .' '(\ ,~ :- ,-" . _I __ public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, of the city of Aspen on the :l.k day of by the City Council ~ 1993. ru 13~ John Bennett, Mayor . Koch, City Clerk FINALLY, adopted, passed and approved this /'~~day of 7J?7 ,1993. IJ~ John ennett, Mayor Attest: ~. ) ~.;e{<< Kathryn . .:;h. city Clerk 8