HomeMy WebLinkAboutordinance.council.025-93 1~,,58 Rec _
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0RDINi~CE NO.~$
(SZRI~S OF i99~)
i~ ORDINANCE OF THE ASPEN CITY COUNCIL Gl~NTING A ~ONING M.~P
AMENDMENT DESIGNATION AS AN SPA (SPECIALLY PLANNED AREA), FINAL SP~
DEVELOPMENT PL~ ~D ~ USE V~IATION TO THE UNDERLYING RR (RURAL
RESIDENTIAL) SONE DISTRICT PE~ITTED USES TO ALLOW BUSINESS ~D
PROFESSIONAL OFFICES, ~D VESTED RIGHTS FOR THE BENEDICT OFFICE
BUILDING SITUATED ON LOT 16 OF THE C~LL~ SUBDIVISION IN THE CITY
OF ASPEN~ PITKIN COUNTY~ COLO~DO.
~ERE~S, Article 9 of Chapter 24 of the Aspen Municipal Code
places limitations on maintenance and extension of non-conforming
uses within the City of Aspen; and
~ERE~S, the Benedict office Building was completed in 1974
under a vali~ building permit and was subsequently zoned to ~
(Rural Residential), thus becoming a grandfathered non-conforming
use; and
WHEREAS, the Planning Director did receive from Fritz and Fabi
Benedict and the Benedict Land and Cattle Company (Applicants) and
has reviewed an recommended for approval an application (the
"Plan") for a zoning map amendment to designate the Benedict Office
Building parcel as an SPA (Specially Planned Area), Final SPA
Development Plan, and SPA use variation to the underlying ~ (Rural
Residential) zoning to allow business and professional offices at
the subject parcel and vest rights; and
~EREAS, this application is made conjunction with an
application for a text amendment allowing consolidated (two-step)
SPA review; and
~EREAS, the Planning and Zoning Co~ission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205(A) (5) of the Municipal Code and did conduct a
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public hearing thereon on April 6, 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 8 of Article
7 (Specially Planned Area) and Division 11 of Article 7 (Zoning Map
Amendments), the Planning and Zoning Commission has recommended
approval of the Benedict office Building SPA Designation, Final
SPA Development Plan, and use variation subject to conditions, to
the City Council; and
W~EREAS, the application originally contained a request to
include a relocated cabin for use as deed restricted affordable
housing, but deleted this element of the SPA application prior to
City Council review of the Plan; and
W~EREAS, the Aspen city Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified herein,- has reviewed and considered those
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
W~EREAS, 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
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OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-8-903 B. 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 specially planned area development component:
1. The Developer's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is compatible with and enhances the mix of
development in the immediate vicinity.
3. Sufficient public facilities exist to serve the development.
4. The parcel is generally suited for development considering
topography and natural hazards.
5. The Plan employs land planning techniques to limit impacts to
the environment and provides public and private amenities.
6. The Plan is in compliance with the Aspen Area Community Plan.
7. The Plan does not require the expenditure of public funds for
the subject parcel or the neighborhood.
8. No development is proposed on slopes of 20% or greater.
9. No GMQS allocations or exemption are necessary for the Plan.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants Final SPA development plan approval for the
Benedict office Building parcel subject to the following
conditions:
1. 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.
2. The Final SPA Development Plan and SPA Agreement
(including use variation for professional and business
offices) 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
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city Council shall render the approvals invalid, unless
reconsideration and approval of both the Commission and
City Council is obtained before their acceptance and
recording, or an extension or waiver is granted by City
Council for a showing of good cause.
3. The Final SPA Development Plan shall designate as open
space the existing areas on the site which are absent
parking, structures and similar improvements.
4. Prior to the recordation of the SPA Plan/Agreement, the
amount of square footage being conveyed to the 10th
Mountain Hut Association shall be deed restricted in
perpetuity for occupancy by non-profit entity(s).
5. All material representations made by the applicant in the
application and during public meetings with the Planning
and Zoning Commission and city Council shall be adhered
to and considered conditions of approval, unless
otherwise amended by other conditions.
Section 3: Pursuant to Section 24-7-1102 of the Municipal Code,
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
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 4: 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 3 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. An SPA (Specially Planned Area) overlay shall be applied
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to Lot 16 of the Callahan Subdivision in the City of
Aspen.
Section 5: Pursuant to Section 24-7-804.D.2. the City Council does
grant a variation to the uses permitted in the underlying RR (Rural
Residential) zone district for the Benedict Office Building to
allow business and professional offices.
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 4 above and such amendment shall be
promptly entered on the official Map in accordance with Section
24-5-103 B. of the Municipal Code.
Se~tlon 8: This 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 9: Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
Benedict office Building SPA as follows:
1. The rights granted by the site specific development plan
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approved by this Ordinanoe shall remain veste~ for three
(3) years from the date of final adoption specified
below. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights. Failure to
timely and properly record all plats and agreements as
specified herein and or in the Municipal Code shall also
result in the forfeiture of said vested rights.
2. The approval granted hereby shall be subject to all
rights of referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or
the general rules, regulations or ordinances or the City
provided that such reviews or approvals are not
inconsistent with the approvals granted and vested
herein.
4. The establishment herein of a vested property right shall
not preclude the application of ordinances or regulations
which are general in nature and are applicable to all
property subject to land use regulation by the city of
Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this
regard, as a condition of this site development approval,
the developer shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless
an exemption therefrom is granted in writing.
Section ~0: 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 appended to said
notice shall be the ordinance granting such approval.
Section ~: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
Siivi~ Daviss~F"-itkin' F'_.n%y Clepk~" Doc ~00
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 12: 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 13: A_public hearing on the Ordinance shall be held on the
~<~ day of ,///?~, 1993 at 5.00 in the City Council Chambers,
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Aspen City Hall, A~pen 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the ~ day of
John Bennett, Mayor
Zathryn JKooh, city Clerk
FINALLY, adopted, passed and approved this ~ day of
John ~ennett, Mayor
Attest:
Kathryn ~. Koch, City Clerk
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