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HomeMy WebLinkAboutordinance.council.012-92 ORDINANCE # 12 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADo APPROVING THE ASPEN WINTER GANDEN AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION~ FINAL ~UD DEVELOPMENT PLAN, SUBDIVISION, AND GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES FOR LOTS A THROUGH I~ BLOCK 91~ CITY AND TOWNSITE iOF ASPEN WHEREAS, the Aspen Winter Garden property has been designated park (P) with PUD overlay on the official Zone District Map; and WHEREAS, the Aspen Winter Garden Conceptual PUD Development Plan received Conceptual approval with conditions from the Aspen City Council in July of 1990; and WHEREAS, the Savanah Limited Partnership submitted to the Planning Office on September 25, 1991, a Final PUD Development Plan application for the development of an Ice Rink and Park on Lot 6, and requests for Subdivision, Growth Management Exemption for Essential Public Facilities, Waiver of park dedication fees, Waiver of water tap fees, Conditional Use for the skate rental and maintenance building, and Special Review for parking in the Park zone; and WHEREAS, the development application submission has been made in accordance with The First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision (PUD Agreement) which requires that Lot 6 of the property become an Ice Rink and Park; and 1 WHEREAS~ referral comments were received from the Engineering Department, Water Department, Parks Department, Environmental Health Department, Ice Garden, and the Aspen/Pitkin County Housing Authority; and WHEREAS, there is nothing inconsistent between the foregoing described review standards and the type and level of development activity contemplated in the PUD Agreement for the Ice Rink and Park; and WHEREAS, the Planning Commission reviewed the application in consideration of the review standards for: final PUD development plan (Section 24-7-903), Subdivision (Section 24-7-1004), Growth Management Quota System (Article 8 of Chapter 24), Special Review (Section 24-7-404), Conditional Uses (Section 24-7-301), and the comments received from referral agencies; and WHEREAS, the Planning and Zoning Commission held a duly noticed Public Hearing on January 7, 1992, after which it recommended approval with conditions for the Aspen Winter Garden final PUD development plan, Subdivision, Growth Management Exemption for Essential Public Facilities, and approved with conditions Conditional Use, and Special Review for Parking in the Park Zone; and WHEREAS, the City Council may grant approvals to final PUD development plan (Section 24-7-903), Subdivision (Section 24=7- 1004) Growth Management Exemption for Essential Public Facilities (Article 8 of Chapter 24), and amendment to the PUD Agreement; and 2 WHEREAS, the city Council has determined that the applicant's request for waiver of the water tap fees does not meet the standards established by Ordinance ~90-8, Series of 1990, whereby tap fees are only waived for 100% employee housing as approvedlby the City Council and administered by the Aspen/Pitkin County~ Housing Authority; and WHEREAS, the PUD Agreement specifically states that Lot 6 shall not be assessed a Park Dedication Fee; and WHEREAS, the City Council, having considered the Planning and Zoning Commission's recommendations for the Aspen Winter Garden, does wish to grant the approvals with conditions. NOW, THERFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY!OF ASPEN, COLORADO THAT: Section 1: The City Council finds that the final PUD development plan for the Aspen Winter Garden (ice rink/park) is consistent with the conceptual PUD development plan. Section 2: The City Council finds that the development meets the standards from Section 24-7-903 of the Aspen Municipal Code, which are not inconsistent with the development plan for the property approved by the PUD Agreement, and does hereby grant final PUD development plan approval with the following conditions: 1. Upon submission of a finalized landscape plan, a detailed description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. 3 If the three trees located at the mid block of the parcel 2. spruce (near Durant Avenue) are removed, they shall be replaced with four (4) 12' to 16' spruce trees onsite~ 3. The two cottonwood trees located on the corner of Durant Avenue and Galena Street may be removed from the property and replaced with three (3) 12' to 16' spruce trees onsite. 4. A "drop off" area shall be designated on the north side of vacated Dean Street and depicted on the final development plan~ 5. Prior to issuance of the Certificate of Occupancy for the ice rink, the off-street parking spaces located on the north side of vacated Dean Street shall be designated with signage as parking for the Ice Rink/Park users only. Nine (9) parking spaces shall be provided on the north side of vacated Dean Street° 6. Consistent with the original PUD approvals, the open space,on Lot 6 shall be utilized and credited to support the open space requirements for the development activity on Lot 5 including any open space in excess of two (2) feet below the existing gradelof the adjacent street. 7. In that Lot 6 (ice rink/park) has been restricted as a community activity center and public ice skating rink pursuant tol a Declaration of Restrictive Covenant recorded on 6/29/90 (Book 624, Page 52), all special events to be conducted on Lot 6 that ~exclUde the public shall be subject to the ~ special event approval procedure. Any service of liquor, wine, or beer shall be by special events permit 8. The ice rink/park shall be open during the hours of 10 am pm, seven (7) days per week, throughout the years unless otherwise approved by the City° During the winter months commencing ion Thanksgiving and continuing through December, January, February, and March, the ice rink shall have no less than eight (8) hours!of public skating per day, weather permitting° 9. The trash access area shall be depicted on the final PUD development plan0 10. An evaluation of the ventilation system for the Ice Rink should be conducted to insure that fumes will not reach unhealthy levels. 11. The applicant should readdress the landscape plan as it relates to the evergreen planting located at the west end of the parcel° 12. The architect should consider the hazards of snow slides from the roof in the roof design° 13. It is the intent of the operator and the city that the local public use of the ice rink/park shall be encouraged and that the facility be accessible to the local public at reasonable timeslat reasonable rates. There shall be no special pricing treatment for the individual guests of the Ritz-Carlton Aspen Hotel over the general public unless approved by the City. Pricing alternatives shall include discounted local passes, group discounts, children's rate, value sessions, and use packages. Group/business and reserved use of the skating rink will be supplemental and ancillary to public use. The operator shall submit to the City an annual operating plan consisting of a summary of the prior year's usage by price category and month and use projections with pricing for 5 the coming winter skating season, on or before September 1 of each year. The operator shall be available to meet with the city review operations and pricing upon the City's request. 14. The food service area for the ice rink/park shall be limited to the concession area which is depicted on the final development plan, except in the case of special events° The concession area shall provide seating for twenty-five (25) people or less. 15. The concession area shall undergo conditional use review prior to operation of the concession area° If conditional use approval is not granted, then the concession area may not be utilized on the site for food service. 16o The ice rink cooling system shall be designed by a professional engineer. 17. In the event that the City should, by February 12, 1993, require Savanah to landscape the right-of-way areas along Durant Avenue and Mill Street adjacent to the ice rink/park, then Savanah shall be obligated to landscape the area(s) to the satisfactioniof the City Engineer and Planning Director and shall maintain the landscaping in this area. The City and Savanah should insure that the landscape plan does not impact existing utilities along Durant Avenue and Mill Street. Costs associated with the relocationior maintenance or repair of any utilities (e.g. water, sewer linesior buried cable) shall be borne by the city. The landscaping along Durant Avenue should extend approximately eight (8)~et from the existing face of the curb and approximately fifteen (15) feet from the existing face of the curb on Mill Street. The sidewalks along 6 Durant Avenue and Mill Street should remain in their present location as depicted on the final development plan. 18. The operator should utilize CFC-22 in the refrigeration system for the ice rink° Section 3: Having found that the development meets the standards contained in Division 10 of the Land Use Code, City Council grants approval of Subdivision with the following conditions: 1. The curb line along the northern boundary (adjacent to Durant Avenue) shall be maintained at its existing location~ unless a curb extension is approved by the city engineer° 2. The plat amendment shall include and indicate the electric transformer easement as needed by the city Electric Departmenti 3. The applicant shall consult city engineering for design considerations regarding development within public rights-of way and shall obtain permits for any work or development within public rights-of-way from the city streets and engineering departmentl 4. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 5. The sidewalk adjacent to Durant Avenue shall be eight (8) feet in width° ~ 6. The applicant shall relocate and underground all electrical, telephone and cable television lines along vacated Dean Street between Galena Street and Mill Street. The applicant shall also construct new curb and gutter along the entire Lot 6 boundary!on Dean Street, a new sidewalk along the property boundary on Galena 7 Street, and a new sidewalk along the boundary on Durant Avenue and Mill Street° 7. The applicant shall provide a guarantee for one hundred (100) percent of the current estimated cost of the landscaping improvements in the approved landscape plan as estimated by the city engineer, except that twenty five (25) percent shall be retained by the City until the improvements have been maintained in a satisfactory condition for two (2) years° 8. The applicant shall provide a guarantee for one hundred (100) percent of the current estimated cost of public improvements within the public right-of-way to accomodate the development as estimated by the city engineer. Section 4: The City Council finds that the development meets the standards of Article 8 of Chapter 24 of the Aspen Municipal COde and does hereby grant Growth Management System Exemption for Essential Public Facilities with the following conditions: 1. The applicant is required to mitigate for 2 employees ~ in connection with the ice rink and 1 employee in connection with the concession area. The applicant shall deed restrict three rooms!in the Grand Aspen Hotel according to the Category 1 Price and Income Guidelines established by the Aspen/Pitkin County Housiing Authority. At the time of redevelopment of the Grand Aspen Hotel, the applicant shall provide comparable deed restricted replacement housing for the 3 employees 2. Prior to the issuance of any building permits, the applicant shall file an appropriate Deed Restriction with the Pitkin CoUnty 8 Clerk and Recorder for the housing mitigation described above and the Deed Restriction language shall be approved by the Planning Department and the Housing Authority° Section 5: All material representations made by the applicant!in the application and during public meetings with the Planning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions° Section 6: The City Council finds that the PUD Agreement specifically states that Lot 6 (Ice Rink and Park) shall not be assessed a Park Dedication Fee and no fee shall be required° Section 7: The City Council finds that the applicant's water tap fee waiver request does not meet the standards for a waiver under Ordinance 90-8 (Series of 1990), and does hereby deny a waiveriof water tap fees. Section 8~ Within 180 days of approval by City council, the PUD Agreement, Final Development Plan and Amended Subdivision Plat must be recorded with the Pitkin County Clerk and Recorder. Failurelto do so will render any approvals invalid unless an extension!to recordation is granted by City Council. The final development plan shall consist of final drawings depicting the site plan, landscape plan, utility plan and building elevations. Section 9: If any section, subsection, sentence, clause, phraselor portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, sUch provision and such holding shall not affect the validity of the 9 remaining portions thereof° Section 10: This ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or preceeding 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 11: A public hearing on the Ordinance shall be held on the ninth day of March, 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READkND!ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the tenth day of February 1992. ~h ,~~rk J°~n~/~e~  /~ ~ FINALLY, adopted, passed and approved this /9 _ dayiof · John t j tdm: aspen, winter, ord.