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HomeMy WebLinkAboutordinance.council.032-93 ~558408 07/01/95 15:51 Rec ~55.00 BK ?l& PG 595 ORDINi~CE N0.32 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A FINAL PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN AND GROWTH! M~NAGEMENT QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES AND VESTED RIGHTS FOR THE ASPEN CITY SHOP LOCATED AT 1080 POWER PLANT ROAD, A 1.24 ACRE METES AND BOUNDS PARCEL IN THE CITY OF ASPENt PITKIN COUNTY, COLORADO. WHEREAS, the Aspen City Shop has occupied the historic Castle Creek Hydroelectric Power Plant location since the mid 1950's without any major expansions or renovations; and WHEREAS, the Streets Department has needed more modern and efficient operating conditions to optimize the maintenance functions for the City's fleet of vehicles and heavy equipment; and WHEREAS, after input from the City's "Blue Ribbon Committee", a Master Plan for the city Shop was endorsed by the City Council and adopted by the Planning and Zoning Commission in November of 1992; and WHEREAS, the City Shop parcel is zoned Public (PUB) with a PUD (Planned Unit Development) overlay; and WHEREAS, the City of Aspen Streets Department (Applicant) submitted an application (the "Plan") to the Planning Office for Final (Consolidated) PUD review, GMQS Exemption for Essential Public Facilities, Stream Margin Review, Special Review for Parking, and Conditional Use for a maintenance shop in the Public (PUB) zone; and WHEREAS, the Planning Office received referral comments from the City Engineer, Housing Office, Fire Marshal's office, Parks Department, Sanitation District, and the Environmental Health ~558408 07/01/9~ 15:51 Rec $55.00 BK ?~& PG ~9~ Silvia Davis~ F.I.t~..I.n Cnty C].er'k~ Doc $.00 Department; and W~EREAS, 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 W~EREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A) (5) (b) and Section 24-7-903(C) (3) of the Municipal Code and did conduct a public hearing thereon on May! 4, 1993; and Wq{EREAS, 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 (Planned Development), 4 of 7 (Special 7 Unit Division Article Review), Division 5 of Article 7 (Development in an Environmentally Sensitive Area - Stream Margin Review), Section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota System Exemptions by City Council for Essential Public Facilities), and Division 3 of Article 7 (Conditional Use Review), the Planning and Zoning Commission has recommended final approval of the Aspen City Shop project subject to conditions, to the City Council; and W~EREAS, the Planning and Zoning Commission further granted Special Review approval for parking in a Public (PUB) zone district, Stream Margin Review, and Conditional Use approval for a maintenance facility in a Public (PUB) zone district; and W~EREAS, the Aspen City Council has reviewed and considered 4,K~58408 07/0],/95 15: 5]. Rec: 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 the City Shop Master Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows= Section 1: Pursuant to Section 24-7-903 B. Unit (Planned Development review standards) of the Municipal Code, and subject %o those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plan's planned unit development 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 extentl to which GMQS exemptions are obtained by the applicant.i Section 2: Pursuant to the findings set forth in Section 1 above, 3 ,I:I,:'358408 (37/])~ /~?;~ "~" "' Silv:i.a Davis.¢ F'itl.,:in Cnty E.I. er'l.,.~ Doc the City Council grants consolidated Final PUD development plan approval for the Aspen City Shop subject to the following conditions: 1. The applicant shall revise the site development plan as discussed in the Engineering Department referral memo prior Engineering's sign-off of any building permits. 2. A public right-of-way shall be dedicated through the property for Power Plant Road. The right-of way shall be approximately 32' wide at the south property line, flaring to 45' at the north property line. It shall be no closer than 5' to the historic structure. Dimensional limitations of the project may change because of the r.o.w, dedication, but will not effect the PUD approval. The dimensional limitation of the project shall be stated in the PUD agreement and shalll be illustrated on the recorded PUD Plan. 3. Prior to the issuance of any building permits, the plans for hazardous material storage (oil, antifreeze, etc.) shalli be reviewed by the Environmental Health Department for conformance with State and EPA requirements. 4. 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. 5. The Castle Creek bank along the east side of Power Plant Road shall be cleaned up as part of the general_site/stream bank clean-up. The Applicant shall work with staff to address the erosion and street sand sedimentation problems. Solutions may include, but shall not be limited'to curb and gutters, drop inlets with clean-outs, valley pan run-off control, and channel drains which can be cleaned out. Seotion 3: Pursuant to Section 24-8-104 C.l.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: 1. The City's proposal for renovation and expansion of the City Shop facility is essential for the public purpose of maintaining the City's fleet of vehicles and road maintenance equipment for the citizens of the cityl of 4 ~1,~558408 07/01/95 .L~.~. Rec ~"~5. "- BK ?~& PG ~ ~ . · ~ .'~.. ~"~+'l."~n Cntv Clepk~ Doc ~.00 Sllvia Uavi -~ ~ ....... ~ Aspen and the general public. 2. The renovation and expansion of the City Shop facilities causes no increased impacts of additional employees, parking, road and transit services, or basic services including water, sewage and drainage, emergency services, and solid waste disposal and does not adversely affect the air, water, land, energy resources, and is visually compatible with the surrounding area. Section 4: Pursuant to the findings set forth in Section 3 above, the City Council grants Growth Management Exemption for an essential public facility for the following new development and renovation at the Aspen City Shop: 1) the renovated power plant building of 5,171 s.f.; 2) a new 3,480 s.f. cold storage shed replace the existing building; 3) a 8,245 s.f. maintenance shop building with upper mezzanine for storage; and 4) a 1,920 s.f. administration building for offices, employee areas and restrooms. Section 5: All material representations and commitments madelby the developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Committee, 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 6: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the Aspen City Shop Final PUD Plan as follows: 1. The rights granted by the site specific development plan 5 ~~84~8 -?/~]~/9~ '~5:~ ~'~- ~"s " ': '- '"-.' ~"~ ..... ~ ....... ~. ~..~-~ ~: ?l& PG &O0 )l:v:a Dav~.s~ ~:kl....~.n Cnty Cler. I.;:~ Doc: approved by this Ordinance shall remain vested 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 7: 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 repeaied or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: 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 9: 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 SJ. lvia Dav:[ss~ Pi'tki~n Cnty L,l~rk, Doc $.00 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 10: 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 11: A public hearing on the Ordinance shall be held on the /~ day of ~=~_~, 1993 at 5:00 in the City Council Chambers, // Aspen City ~all, Aspen 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 t,,~ity Council of the City of Aspen on the ~/ day of Joh~ Bennett, Mayor ( ~ F~N~LLY, a4opte4, passed anO agprovod ?is ~ day of K~rff~ ~/~o~ch, ~ity Clerk