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HomeMy WebLinkAboutLand Use Case.110 E Hallam St.A045-03 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DA TE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DA TE CLOSED BY ~ g->....:l A045-03 2737 -073-13801 Red Brick PUD Extension of Vested Rights 110 E. Hallam James Lindt Extension of Vested Rights City of Aspen Recreation Department 9/22/03 Reso. 88-2003 Approved w/ Condition 09/24/03 D DRISCOLL ~ \ ~t(J(+,~ RETAIN FOR PERMANENT RECORD --j DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Dev~lopment Order is associated with the property noted below for the site specific development plan as described below. City of Aspen Parks and Recreation Department, 110 E. Hallam Street, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots A-I, and K-S, including the alley of Block 64, and Lots E, F, and G, and Part of Lots A, B, and C, of Block 71, ofthe City and Townsite of Aspen Legal Description and Street Address of Subject Property Three- Year Extension of Vested Rights to Construct a 546 square foot conference room. Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Resolution No. 88, Series of2003, 9/LlL03 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) October 4, 2003 Effective Date of Development Order (Same as date of publication of notice of approval.) October 5, 2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 4th day of October, 2003, by the City of Aspen Community D elopment Director. ~ J, 'e Ann Woods, Community Development Director RETAIN FOR PERMANENT RECORD ~ PUBLIC NOTICE Of DEVELOPMENT APPROVAL 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 the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots A-I, and K-S, including the Alley of Block 64, and Lots E, F, and G, and Part of Lots A, B, C, of Block 71, of the City and Townsite of Aspen, by resolution of the City Council numbered 88, series of 2003. This approval is a three-year extension of the vested rights granted in Ordinance No. 37, Series of2000. For further information contact Julie Ann Woods, at the City of Aspen Community DevelopmentDept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on October 4, 2003 RETAIN FOR PERMANENT RECORD ~ RESOLUTION NO. 88 (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANl'F,:J)BY ORJ)INA.NCE NO. 37, SERIES OF 2000, FOR THE DEVELOPMENT APPROVALS GRANTED TO THE RED BRICK ARTS AND RECREA1IONCEN1F,:R, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-073-13-801 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department (Applicant), represented by Tim Anderson, for a one-year extension of vested rights approved pursuant to Ordinance No. 37, Series of2000 to allow for the addition of a conference room at the Red Brick Arts and Recreation Center; and, WHEREAS, City Council adopted Ordinance No. 37, Series of 2000, which approved a PUD amendment for the addition of a snow-shed canopy and a 546 square f06t conference room to the Red Brick Arts ang R~,(;re~tioIl c::ent~r l()cat~d ~t .11 0 E;. Hallam (Lots A-I, and K-S, including the alley of Block 64, and lots E, F, and G, and part of lots A, B, and C, of Block 71) City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.308.010(C), Vested Property Rights ofthe Land Use Code, City Council may grant an extension of vested rights; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of an extension of vested rights for the Red Brick Arts and Recreation Center, finding that the review criteria have been met; and, WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for the red Brick Arts and Recreation Center underth~ applicable provisions ofthe Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: RETAIN FOR PERMANENT RECORD r"\ ~ Section 1: The Aspen City Council does hereby approve a three-year extension of the vested rights granted by Ordinance No. 37, Series of 2000, to allow for the addition of a 546 square foot conference room and the conversion of the existing conference room within the Red Brick Arts and Recreation Center to a storage area for use by the tenants, with the following conditions: 1. The establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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: This Resolution 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 Resolution 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 Resolution was held on the 22nd day of September, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved by a three to zero (3-0) vote this 22nd day of September, 2003. Approved as to form: Approved as to content: John Worcester, City Attorney Helen Kalin Klanderud, Mayor RETAIN FOR PERMANENT RECORD r'\ r.< . C" Att'est: Kathryn S. Koch, City Clerk RETAIN FOR PERMANENT RECORD rl. " P127 ;:uJi- FJ . f\Xf\PiJ'rJuQd Mayor and City Council -"r Julie Ann Woods, Community Development Director~ ~...~tvre~~~Q~v", I -- I . ) c. :eLA. {t1~f'( James Lindt, Planner --.J L-- O. I ~,-7 ~:; --- <3--0 Red Brick Arts and R~creation Ce~ter: Exten~ioll ofY~~t~5L~~hts-J)llblic, Hearing To: THRU: FROM: RE: DATE: September 22, 2{)03' ApPLICANT: City of Aspen Parks and Recreation Department REPRESENT A TIYE: Tim Anderson PARCEL ID:' 2735-073-13-801 ADDRESS: 110 E.Hallam St. ZONING: Public with a PUD Overlay ApPROVED LAND USE: Approval obtained to constmct. a conference room on the vyest end of the Red Brick Arts and Recreation Center pursuant to City Council Ordinance No. 37, Series of2000. REVIEW PROCEDURE: Exten.sion. of Vested Rights. City Council may by resolution at a public hearing approve or approve with conditions an extension of vested rights. BACKGROUND: The Applicant, City of Aspen Parks and Recreation Department, represented by Tim Anderson, requests an extension of the vested property rights on the Red Brick Arts and Recreation Center PUD Amendment that was approved in September of2000. Initially, City Council granted a PUD amendment for . the Applicant to constmct a snow-shecl canopy roof and a new conference roomjn the Red.... Brick Arts and Recreation Center (please see approved plans attached as Exhibit "C"). The snow-shed canopy was constmcted shortly after. approval was granted, but the conference room has yet to be built. The project's vested rights expired on September 11 tho However, the Applicant sllbmitted an application for the extension prior to the expiration deadlip.e,The Applicant is requesting that City Council extend the vested rights granted by Ordinance' No. 37, Series of 2000 to construct the approved conference room of 546 square feet on the west end of the Red Brick Arts and Recreation Center. . STAFF COMMENTS: . . . In reviewing the. proposed request for an extension of vested rights, staff believes that the approval granted by Ordinance No: 37, Series of 2000 is still consistent with the Red Brick Master Plan that was created in 1997, in that the proposal would allow for storage to take the place of the existing conference room as was called for in the Master Plan. Additionally, RETAIN FOR P~ISUA'II!!'" . .. . " .. ~nmI'lRr;nT RICORQ ,,'n:.'s-;."Y ,.---....., /'\ STAFF RECOMMENDATION: ~: Staff recommends approval of the extension of vested property rights for one year to establish an expiration date of September 22, 2004 to allow for the construction of the conference room that was approved pursuant to City Council Ordinance No. 37, Series of 2000, with the following condition: 1. That the establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes that are in affect at the time of building permit, unless an exemption therefrom is granted ill writing. . RECOMMENDED MOTION: "I move to approve Resolution No. ~3: Series of2003,approving with a condition, a one year extension of vested property rights for the Red Brick Arts and Recreation Center PUD as was originally approved by Ordinance No. 37, Series of2000. The new expiration date will be September 22, 2004." CITY MANAGER'S COMMENTS: Sf- ; 5 pO'~ S Sf/Ie -{''-<--,.-'1-.R'-~9 , . ./ c-~/e/.n""- trF ~,s-.~r();J , ., v ff ~ II J' h 5 <-;-;op<fl/T <7 f' ~ 6 r : ~ / ~r r 'J/?V r-.e. ~-r;f'''''''''1 i''''' C:.-"J<"41 cE-.;1 ~i ... ~". "" "'l r '_- "2. ~- Cc.-....., , ; d.~=-I-,.d........r LA/,r If /re c-A.-A. / ,"",- "?--(.')o~_ I;:: Cr~ G'-'---.:r-1 /5 ,,,--,--I C-";->'1 ""' &--~ y.d, 'J ._.0 r-;P - ~ .r- 0/ ~ 5 I>-~ ~. -t rd-e-- v ~.5 led /" r-.?p~ y e.,,-')../I_ ; II. 'S ~_,L 0 C?7 .::2. r t.u ~ >> ATTACHMENTS: Exhibit A --Review Criteria & Staff Findings Exhibit B -- Ordinance No.3 7, Series of 2000 Approving the Red Brick Arts and Recreation Center PUD Exhibit C -- Plans Approved Pursuant to Ordinance No. 37, Series 01'2000 Exhibit D -- Application Letter 2 ~ r1. RESOLUTION NO~ S! (SERIES OF 2003) . " A RE..S. .0. L.. UTIO. N. O.F. .THE..." .ASP...B...N.. .,.C. ITY.. ,..C,otJN. C.ILAP. p.. R.O. . VING...,..A.. .... O..NE.. YE... . AR....... EXTENSION OF T:HEVESTEDIuGIITSGRANTEDBYC>RDINXNCE NO. 37,. SERIES OF2000, FOR THE DEVELOPIVIENT APPROVALS GlUNTED TO THE RED BRICK ARTS AND RECREATION CENTER, CITY OF ASPEN, PITKIN COUNTY, COLORADO. . 'C"" "', - '".' c Parcel No. 2735-073-13-801' , , WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department (Applicant), represented by Tim Anderson, for a one year extension of vested rightsapprovedpurs~l~nt toOrdillan~eNo.37;Serieso~2000 to allow for the addition ofa conference room at the Red Brick Arts and Recreati()n Center; and, 'WHEREAS, Council adopted which approved a PUD amendment for the addition of a snow-shed 'canopy and a 546 square foot conference room to the Red Brick Arts and Recreation Center locatedat no E. Hallam (Lots A-I, and K-S, including the alley of Block 64, and lots E, F, and G, and part of lots A,B, and C, of Block 71) City and Townsite of Aspen, Colorado; and, vVHEREAS, pursuant to Section26.308.010(C), Vested Property Rights of the Land. Use Code, CityColU1cil may grant an extension of vested rights; and, WHEREAS, the Community Development Directorhas reviewed the application and recommendedapproval of a one year extension of vested rights for ,the Red Brick'Aits and Recreation Cel1ter, finding that the review criteria have been met; and, . WHEREAS, the. Aspen City Council has reviewed and considered the extension of vested rights for the red Brick Arts. and Recreation Center under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goalscmd elements of the A.spenArea Community Plan; and, WHEREAS, the City Councilfinds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOvV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: .~ I ." P130 Section 1: The Aspen City Council does hereby approve a one-year extension of the vested rights granted by Ordinance No. 37, Series of 2000, to allow for the addition of a 546 square foot conference room and the conversion of the existing conference rbom within the Red Brick Arts and Recreation Center,. to a storage area for use by the tenants, with the following conditions: 1. The establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 2: All material representatiqns and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the 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: This Resolution 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 Resolution 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 Resolution was held on the 22nd day of September, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALL Y, adopted, passed and approved this 22nd day of September, 2003. Approved as to form: Approved as to content: John Worcester, City Attorney Helen Kalin Klanderud, Mayor I""'" ~ Attest: /~>:.. P132 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.308.010 VESTED PROPERTY RIGHTS Extension or Reil1.stat~mel1tof Vested Rights In reviewing a request for the extension or reinstatement of a deve~opment order and associated vested rights, the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any .conditions reqUirIng performance prior to the date of application. for extension or reinstatement; . STAFF FINDING: The conditions of approval that were established in approving the original development proposal are all to. take effect in conjunction with the building permit submittal. Therefore, staff does not believe that there are any outstanding conditions of approval that have. to be met prior to applying for an extension of vested rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures madeby the applicant in pursuing the project; STAFF FINDING: The Applicant has constmctedthe snow-shed canopy that was approved as part of the PUD amendment granted pursuant to Ordinance No. 37, Series of 2000. The Applicant has indicated that they would like to pursue funding for constructing the conference room this year. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; STAFF FINDING: Other than the improved safety of the snow-shed canopy that was constructed over the walkway into the Red Brick, the City has not already received benefits from this approval. However, Staff believes that the approval of the conference room and the vested rights that were afforded the Applicant are still in keeping with goals that were outlined in the Red BrickMaster Plan that was adopted in 1997. The Master Plan called for the creation of a storage area in the location where the current conference room exists. In order to allow for the existing conference space to be converted to storage for use by the tenants of the building, the new conference space would have to be constructed to create a meeting area for the tenants ofthe building. Staff finds this criterion to bemet. " .J ~ P133 d. The needs of the City and the applicant that would be served by approval oJ the extension or reinstatement request. STAFF FINDING: . . ..... . ...... ...... ..... ... The Aspen Area Community Plan (AACP) encourages actions that promote the Arts, - Culture, and Education. The existing conference room is to be converted into a storage area for the tenants of the Red Brick, which are primarily non-profit and art related organizations. Therefore, because the addi!ion of the conference room that was approved pursuant to Ordinance No. 37, Series of 2000 allows for the existing conference room to be converted into storage for use by the tenants of the Red Brick, staff believes that the proposed extension of vested rights would benefit the local arts and non-profit communities that utilize the Red Brick Arts and Recreation Center. 111erefore, Staff believes that the proposed. extension of vested rights would benefit the City by encouraging the Applicant to pursue the approved development in the future that furthers several of theAACP' s goals. Staff finds this criterion to be met. 4 P134 '8t1i1hjt \Ijl/l ORDINANCE NO. 37 (SERIES OF 2000) AN ORDINAl~CE OF THE ASPEN CITY COUNCIL APPROVING THE RED BRICK ARTS AND RECREATION CENTERPLAl~ED UNIT DEVELOPlYIENT AlvlENDMENT TO CONSTRUCT A CONFERENCE ROOlYl AND SNOW-SHED CAl~OPY ON THE RED BRlCK ARTSA1~D RECREATION CENTER, CITY AND TOvVNSITE OF ASPEN, PITKIN COUNTY, COLORADO. .<: Parcel ID: 2735-'124-36-850 vVHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Tim Anderson, Recreation Director, for an amendment to the Red Brick Arts and Recreation Planned Unit Development (PUD) to constmct a conference room on the west end of the structure and construct asnow- shed canopy on the east end of the structure; and, WHEREAS, the subject property is a located in the Public (PUB) Zone District; and, vVHEREAS, the Aspen City Council approved Ordinance No. 22, Series 1993 that granted rezoning from R-6 to Public, Grovvth Management Quota System Exemption for Essential Public Facilities, and approval for a Final PUD Development Plan for the Aspen Arts and Recreation Center (F. K. A. The Red Brick Elementary School) located at 110 East 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 Townsite of Aspen, Pitkin County, Colorado; "WHEREAS, pursuant to Sections 26.445, the City Council may approve an amendment to an approved Planned Unit Development, during a duly noticed p.ublic hearing 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; vVHEREAS, the Community Development Director reviewed the PUD amendment and recommended approval; and, vVHEREAS, the Historic Preservation Committee offered a unanimous endorsement of the proposed developments during a special meeting on July 13,2000; and vVHEREAS, during a duly noticed public hearing on August 1, 2000, the Planning and Zoning Commission approved Resolution No. 00-35, Series 2000, by a seven to zero (7- 0) vote, recommending City Council approve the Red Brick Arts and Recreation PUD Amendment; and, vVHEREAS, the Aspen City C01.illcil 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, WHEREAS, during a duly noticed public hearing on September 11,2000, the City of Aspen City Council approved a second reading of Ordinance No. 37, Series 2000, by a four to zero (4-0) vote, approving the Red Brick Arts and Recreation PUD Amendment; and, '( ... 1""'\ 1""'\.. ,~ WHEREAS, the City Council fnidsthat iliedevelopment 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 AIea Comrmmity Plan; and, 'rVHEREAS, the City COlmcil fmds that tbis Ordinance:tUrtb.ers andis necessarY' for the promotion of public health, safety, and welfare. . NOW, THEREFORE,BEITRESb:LYEDBY THE ASPEN CITY COUNCIL As FOLLOWS: ' Section 1 Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, the Red Brick Arts and RecreationPUD Amendment to construct a conference room on the west end of the structure. and construct asnow-shedcanopyon the east end of the structure is approved with the following conditions: 1. This project shall meet all of the codes and requirements of the Aspen Fire . Protection pistrict. This includes but is not limited. to maintaining fire ala.rm coverage in the new conference area; 2. Site development approvals must include the requirement meeting runoff design standards of theLand Use Code Section 26.580.020(A)(6)(a) and a requirement that, prior to the building permit application, a drainage mitigationplan (24"x36" size plan sheet or on the lot grading plan) must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. The drainage maybe conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm; ,','..,i 3. 4. That the applicant receive approval from the City Engineering Department for design of improvements, inclucling grading, drainage, transportation'/streets, landscaping, and encroachments within public right of way; 5. That the applicant receive approval from the Streets Department for mailboxes, finished pavement, surface materials on streets, and alleyways; 6. That the applicant obtain either right-of-way permits or encroachments licenses as required for any work or development in the public right-of-way, from the Engineering Department; and 7. That the current drawings submitted are insufficient to determine if the proposed additions meet the height, setback, and floor area requirements of the PUD. The ','.'P'" \,... ~ 2 ,~ P136 applicant shall provide adequate and scaled site plans indicating exact locations of all proposed structures so that they do not exceed the height, setback, and floor area requirements of the PUD prior to the approval of the PUD Amendment and the application for building permits. Section 2: All material representations and commitments made by the applicant pursuant to the cj.evelopment proposal approvals as herein awarded, whether in public hearing or documentation presented before the Plarming and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied 'vvith as if fully set forth herein, uruess amended by an authorized entity. Section 3: 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 lillder such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion ofthis 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 atIect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City COlillcil of the City of Aspen on this 14th day of August, 2000. Attest: Kathryn S . ,- och, City Clerk FINALLY, adopted, passed and approved tills 11 th day of September, 2000. Attest: I chelFUchards,~1ayo .,1- '(' r .., .J ~ 1""\ P137 Approved as to form: . ~/ltt~ John V · rc ~to , City Attorney ...:. ,..: 4 p138 . I 6 I' '1 ~ i- b z. i<> -~ 1'i 71- ,i ; -');. :D " m -i o. Ul " '" " z " ,,;>; ,,...---...,. E9 r-- I I I I I I I I I I I I I I I I I I , I I I \\ i I I I I I I I I I L .. .. ., .. , :. .~, c'_', '. !":"'t:::~:.:.:"....,:~,-.::,,,,-,.:, .w_.-=-':...... 11/ III /, " / / oo===;o===> '/ ::B~ ~E' g~ ~'" ~~ i:.'J ! ~ ." !i: ;;; x ... N ~ ki .!1 .~ d~ I ,,;11'" , \JJ ~ e . . J;\,.o""","~~~'~:'~~ ~..--~~.::"'_:;" , , - / , " / . I '..- m ," ::\ :,\ 2t ~; :") '" ~~ i:t .1': ':1 ~:i ~, ":1 .ii ,~ (:,1 ;.~ ;~ ~ "'~ ~.~. <' r -'r I,: ~ :n I '" z: ~.I~.!.J:.:~":':":::::-,,:,,"'::';'~~::~!j;.::":';'.;;:.' :'''.'!_~'''- ) ~); 'J~ -p :s. ~ ~L ~I l-O D \ I In >< :s-- 0- r-: (\ ..;: ..~ '"" " 1 P140 ~x LIl )'!~ Jt \\/jl< MEMORANDUM TO: JA1VfES LINDT, COMlV/UNITY DEVELOPMENT DEPT. FROM: TIM ANDERSON, RECREATION DIRECTOR DA TE: AUGUST 22, 2003 RE: EXTENSION OF RED BRICK VESTED RIGHTS James, I am formally requesting an e~te~s18I1 oftlle Vested Rights of the Red ~rick Arts and Recreation Center. More specifically, the request for and extension.in vested rights pertains to the West End Improvements of the building. At this time the Red Brick CoIIlIIliUE:e.and myself have met with City Manager Steve Barwick who has requested that we identify a 1 a-year capital plan and revenue stream for the building before moving forward with the request from City Council to pursue these improvements. We want to insure that the facility has ample funds to maintain the existing conditions beforemoying forward on any new improvements. The Red Brick Committee is currently seeking a company to provide information on needed infrastructure improvements and pricing over a 1 a-year period. At this time we can provide a capitalization plan for the facility to include the West End Improvements. Our time line at this time is to complete the study and capitalization plan in time to present Council with the West End Improvement Plan during the 2004 budget process: We would continue to plan on beginning the improvements in the spring to early summer 2004. Please advise of any other necessary considerations for this request of an extension or the continuation of this process. Thank you, Tim Anderson City of Aspen Recreation Director A TT ACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE \ [/ ~ or: ~;;:,~~ f2~~l ADDRESS OF PROPERTY: SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) !, ~~Q$ L/~J~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code iI~ the following manner: ~Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. P{;JsJt1Jgpfnotice: By posting of notice, which fom was obtained from the /t1~9mm~iy Development Department, which was made of suitable, . l'?' ,-Waterproof materials, which was not less than twenty-two (22) inches wide' !i . f an~t;venty-si~ (261 inc~es high: and :vhich was composed ofle!ter~ .n?t ..... ..... tH5.J, le~~thCL~on~ Iny}l In h~lght. SaId notIc~ was post~d.at least fifteen (15) da)~ \,7\ pnor to the pubhc heanng and was contInuously vISIble from the day of ';";~>.,., ..... ... . . .......... ./y ... ,200_, to and including the date and time ofthe public '<::t1~~:aring:" Aph'otograph of the posted notice (sign) is attached hereto. ..<,'X?z-'/'......; Mailing of notice. By the mailing of a notice obtained from the Cornmuility Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class post<lj. e prepaid U.S. mail to any federal agency, state, county, municipal gove~nt, school, service d~st~ct or other governmental or quasi-governmen~l agenp that owns property Wlthm three hundred (300) feet of the property subject to the development application. The. names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal ofthis Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been'available for public inspection in the planning agency during aU business hours for fifteen (15) days prior to the public hearing on such amendments. ;;!w~ ~~J- Ignature The foregoing "Affidavit of Notice" was ackuow edged befot.,e me this of ~A-) ,2003 by C'7~" J-) , ~"L.. r day WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 11 /;;23~~' 4/ -77",,,,--4 'PUBLIC NotiCE" ; ",~",,,;o""'""R'tt'KARtS AND RECREhtIO..N RE: RED B iHtS ExtENSION OF VESt~~VE that a public hearing NOTICE IS HEREBY . e tember ~2, 2003 at a will be held on Monda~o Pm. before the Aspen '. "-'et',.n g to begmat 5, . p, .C',ty Hall 130 S, me . '\ C . mbers, . ';City-Council, CQuncl ",," -. der an application sub~ Ga\en~ St.. Aspe;'. to 't01~~enRecreation Depart' "mitted byttle .lty 0 1 01 a one year extension :pl.entJ~ttuesting approv,\" gra11:ted- pursuant of the vested rights that w;~~ 37. Series of 2000, to City Council Ordlna~c~cat~d at 110 E, Hallam 'The"property located .' . as Lots A-I. and K-S. m. Stand is legally descflbed 4 .and Lots E,F. and G. eluding the' alley 01 Block ~ C of Block 71. of the d pats Of lots h. B. an . ."', dtY and townsite of ~pe~~ntact James Lindt at' For further inlormagon'munity qeve\opment. De- the City of Aspen om St hspen. CO (970) 920- part1herit:' 130 S. Galena 0 u~, ....' 5095, james\@cl.aspen,c\'Kalin 'Klatiderud. Mayo~ . ..... ........" '...'.,....,.sIHeen.. . . Aspen City counCIl "s'np".-"".,!:',>>" ~(nies 'on September" 6. published in The h en I. , 2003 (0745) ,'_ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION GRAPH OF THE POSTED NOTICE (SIGN) RS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL . .~ ,. ~. ATTACHMENT 7 AFFIDAVIT OF PUBL,IC NOII(~E; REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE .. . , Aspen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I,TC?{~~$ .L,I1AJ~ .. ... (name, please print) being or'representing an Applicant to the City of Aspen, Colorado'- hereby personally celiifythat I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following mmmer: . Publication ofnotic,e: By the publication in the legal notice sectionofml official paper or a paper of general circulatio,n inthe City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. XPosting of notice: By posting of notice, ~hich for~ was obtained from the COllLmunity Development Department, which was made of suitable, . ,1}<~~~i~~o~R:aterial~, which .was not les~than twenty-two (22) inches wide , .,f."f'. anll twenty-Sl,*(26) mches hIgh, and whIch was composed of letters not ~?:i"less thanb~e ihch in height. Said notice was posted atleast fifteen (15) days fi:[ pf6r"to the'p ~ic hearing and was continuously visible from the 2Cf1hiay of \~.o\, .' 2003, to and including the date and time of the public . "",', hearin . A photograph of the posted notice (sign) is attached hereto. JYfliatng of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.06Q(E)(2) of the Aspen LmldUse Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to mlY federal agency, state, county, municipal government, school, service district or other governmental or quasi:"govemmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax recOrds of Pitkin County as they appeared no more thml sixty (60) days prior to the date 'of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) , . Rezoning or text amendment. \Vhenever the official zoning district map is in any way to be changed or amended incidental to or as pmi of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to m1d listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. . ~.>.........~b-bJ~J} S nature The foregoing "Affidavit of Notice" was ack,nowledged before me thi~9 day of f\v~&-S~ . , 2003, by 3~'S. . J-.l~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires~4 ~ .16a/c::;/~ ATTACHMENTS: . '. COpy OF THEPUBLICATION PHOTOGRAPH OF THE POSTED NQTICE{SlGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL -;" .. ~. .. ~ PUBLIC NOTICE RE: RED BRICK ARTS AND RECREATION CENTER EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 22,2003 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen Recreation Department requesting approval of a one year extension of the vested rights that were granted pursuant to City Council Ordinance No. 37, Series of2000. The property located is located at 110 E. Hallam St and is legally described as Lots A-I, and K-S, including the alley of Block 64, and Lots E, F, and G, and pats oflots A, B, and C, of Block 71, ofthe City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, iamesl~ci.aspen.co.us. sIHelen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on September 6, 2003 City of Aspen Account g:\planning\aspen\notices\920whal.doc