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HomeMy WebLinkAboutordinance.council.040-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE ESTABLISHING THE PERMITTED AND CONDITIONAL USE OF STRUCTURES IN CERTAIN PROPERTY WHICH IS ZONED AS A SPECIALLY PLANNED AREA WHEREAS, the property described in Exhibit "A" attached hereto is presently owned by the Meadows Corporation, a wholly-owned subsidiary of the Aspen Institute for Humanistic Studies (collectively called hereinafter "The Aspen Insti- tute'') and zoned S.P.A. (Specially Planned Area), and WHEREAS, the Aspen Institute has submitted an applica- tion which requests the adoption by the City of Aspen of a precise development plan for said area including the estab- lishment of permitted and conditional uses of the land and of the structures located on said property, and WHEREAS, the proposed precise development plan submitted by the Aspen Institute requests the establishment of per- mitted and conditional uses to allow for the development of a Commercial Conference Center as hereinafter defined and not a resort hotel, and WHEREAS, said property remains as the largest undevel- oped tract of land within the City of Aspen and its develop- ment will have significant impact on the Aspen Community, and WHEREAS, said property includes areas of limited suita- bility for development, and WHEREAS, said property is bounded by river frontage and severe slopes on the North and West, and a low-density resi- dential neighborhood to the south and east, all of which limit accessibility and create unique problems for the devel- opment of the site as a commerical conference center, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, said property has minimal vehicular and pedes- trian access, and WHEREAS, the available vehicular access to said property has a carrying capacity substantially less than that required if development was allowed to proceed at a greater density than requested in said precise plan for a commercial confer- ence center, and WHEREAS, the creation of permitted uses and allowable density in a special planned area should not be granted absent the imposition of conditions which require that the development and use of the lands shall have no significant adverse effect on the adjacent landowners, stream and air quality, road congestion, wildlife, adopted master plan, and the general public interest, and WHEREAS, in conjunction with the approval of the precise plan for said S.P.A zone the City of Aspen is directed and required to establish the permitted and conditional uses, and WHEREAS, the Aspen Institute has submitted and withdrawn applications which request the approval of a preliminary P.U.D. plan and a preliminary subdivision plat, and WHEREAS, the Aspen Institute must resubmit and obtain approvals of both a preliminary and final P.U.D. plan and subdivision plat, and WHEREAS, on May 29, 1979, the Aspen Planning and Zoning Commission recommended approval of a precise plan for the property subject to certain conditions, and WHEREAS, the Planning and Zoning Commission has deter- mined that it is more parking, lot yards and minimum open space and which contribute to the appropriate to establish the required setback requirements, maximum heights, any other planning and zoning matters development and use of the area as a RECORD OF PROCEEDINGS 100 Leaves whole (with the exception of permitted and conditional uses and the permitted density) as well as the location and char- acteristics of streets, other rights-of-way, and utilities, the dimensions and grading of parcels and the dimensions and siting of structures at the time and during the P.U.D. and subdivision approval process when greater detail and infor- mation is available. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. S.P.A. Approval. The City Council approves the precise plan for said S.P.A. zone with said approval being limited to permitted and conditional uses and permitted density all in conformity with this ordinance with the reservation of all other planning and zoning matters which contribute to the development and use of the area as a whole to future consideration and approval as part of P.U.D. plan and subdivision plat approval. For the purposes of this ordinance the "precise plan for said S.P.A. zone" means and includes the narrative of this ordinance. The Council does not approve of the narrative or site plan submitted by the Aspen Institute. This approval is condi- tioned upon the applicant obtaining full P.U.D. plan and sub- division plat approval. Section 2. Definitions. (a) COMMERCIAL CONFERENCE CENTER. "Commercial Conference Center" means and includes a facil- ity dedicated to handling group meetings and providing program development and educational support. For the purpose of this ordinance, the permitted uses of a Commercial Conference Center are limited to residential, meeting, food and beverage, recreational, retail and RECORD OF PROCEEDINGS 100 Leaves (b) (c) (d) (e) (f) (g) laneous facilities and uses as hereinafter defined. COMMERCIAL CONFERENCE CENTER FOOD AND BEVERAGE FACILITIES. "Commercial Conference Center Food and Beverage Facilities" include a res- taurant which is capable of providing general dining, banquet and room service, hospitality suites, and a cocktail lounge. Entertainment may be provided in such facilities. COMMERCIAL CONFERENCE CENTER MEETING FACILITIES. "Commercial Conference Center Meeting Facilities" include an auditorium, large and small conference rooms, and sup- porting services. "Supporting services" means and includes a lobby, library, audio-visual service, print shop, duplicating facilities, computer service, office facilities, and other similar uses. COMMERCIAL CONFERENCE CENTER MISCELLENEOUS FACILITIES. "Commercial Conference Center Miscellaneous Facilities" include parking, in- house laundry, kitchen, storage and other similar facilities required to provide service or maintenance of land, building, equipment, etc. COMMERCIAL CONFERENCE CENTER RECREATIONAL FACILITIES. "Commercial Conference Center Recreational Facilities,, include card and game rooms, racquetball courts, tennis courts, jog- ging track, walking paths, bicycle paths, cross country ski trails, swimming pools, and other related or similar facilities. COMMERCIAL CONFERENCE CENTER RESIDENTIAL FACILITIES. "Commercial Conference Center Residential Facilities" include employee hous- ing restricted to rental and sale price terms within housing price guidelines established by the City Council and to occupancy limitations within housing income-eligibility guidelines established by the City Council, guest rooms, and rooms to accommodate the housing of facul- ty and staff. COMMERCIAL CONFERENCE CENTER RETAIL FACILITIES "Commercial Conference Center Retail Facill- ties" include a tennis pro shop for sales of recreational equipment and accessories and for the rental of such items as bicycles, cross country ski equipment, etc. and a convenience shop to be conducted entirely within the prin- cipal building and retailing such items as newspapers, magazines, stationary, postcards, toiletries and other guest convenience items. RECORD OF PROCEEDINGS 100 Leaves (h) COMMERCIAL CONFERENCE CENTER ACCESSORY USES. "Commercial Conference Center Accessory Uses" include uses which are naturally and normally incidental to, subordinate to, and devoted ex- clusively to the principal use of the prem- ises, and does not change the basic character thereof, as determined by its principal use. For the purpose of this ordinance, accessory uses include accommodation of transients provided that the facilities are publicly advertised only as a commercial conference center and not publicly advertised as an accommodation for transients. Section 3. Establishment of Permitted Uses. Pursuant to Section 24-7.2(a)(1) of the Code of the City of Aspen the following permitted and conditional uses are established for the property described in Exhibit "A" attached hereto: (a) Permitted Uses: Commercial Conference Center and accessory uses. (b) Conditional Uses: None. Section 4. Permitted Density. Purusant to Section 24-7.2(a)(1) of the Code of Aspen the following density is established for ty described in Exhibit "A" attached hereto: of the City the proper- USE (a) Food & beverage facilities (b) Meeting facilities (c) Miscellaneous facilities (d) Recreational facilities (e) Residential facilities 1. Faculty/guest housing 2. Employee housing 3. Faculty/guest housing common area 4. Employee housing common area (f) Retail facilities which shall be divided among the structures provided for in Exhibit "B" attached hereto. EXTERNAL FLOOR AREA 7,500 sq. ft. 28,750 sq. ft. 8,015 sq. ft. 14,560 sq. ft. 99,840 sq. ft. 33,500 sq. ft. 14,450 sq. ft. 1,500 sq. ft. 1,400 sq. ft. and in the manner RECORD OF PROCEEDINGS Leaves The employee residential housing shall be divided into nineteen (19) residential units (5 studio or one bedroom apartments w/ living room/dining room and kitchen, 13 two bedroom apartments w/living room/dining room and kitchen and 1 three bedroom apartment w/ living room/ dining room and kitchen). The number of units designated above as employee residential housing is a minimum and the Institute is required to house a total number equal to 60% of its total staff in housing at prices within the housing price guide- lines established by the City Council even if such housing requires the use of faculty/guest residential housing. In the event that 60% of the Institute staff does not desire to be housed within this housing, the Institute shall offer the remaining space to other qualified employees of the commu- nity. The faculty/guest residential housing shall be divided into units containing 227 bedrooms and allowing no greater than 12 additional areas which are defined as living room/ kitchen/dining room facilities. Section 5. Non-reliance. The approval of the permitted and conditional uses as well as of the permitted density should not be relied upon by any individual including the Aspen Institute as an act of approval of the general plan or of any specifics therein. Nor should reliance be placed upon this act to believe that the City of Aspen shall approve either a final P.U.D. plan or subdivision plat. Section 6. Non-severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall affect each and every provision or applica- RECORD OF PROCEEDINGS 100 Leaves tion of the ordinance, and to this end the provisions of this ordinance are declared to be non-severable. Section 7. Public Hearing. That a public hearing on this ordinance be held on the __day of , 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, law by the City Council of the City of Aspen, its regular meeting held on the day of 1979. READ AND ORDERED published as provided by Colorado, at ATTEST: Kathryn S. Koch City Clerk FINALLY adopted, passed and of Herman Edel Mayor ~ ~ approved on the day , 1979. ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk