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HomeMy WebLinkAboutordinance.council.021-80RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 21 (Series of 1980) AN ORDINANCE ESTABLISHING THE PERMITTED AND CONDITIONAL USES OF STRUCTURES ON CERTAIN PROPERTY WHICH IS DESIGNATED AS A SPECIALLY PLANNED AREA WHEREAS, the property described in Exhibit "A" attached here- to (the "Property") is presently owned by the Meadows Corporation, a wholly-owned subsidiary of the Aspen Institute for Humanistic Studies (collectively called hereinafter "The Aspen Institute") and designated S.P.A~ (Specially Planned Area), and WHEREAS, the designation of the Property as a specially planned area was a recognition by the City of its size and his- toric uniqueness as an educational institution in the community and the designation was intended to allow for flexibility in the development of a facility to meet the needs of The Aspen Insti- tute, and WHEREAS, at the request of the City of Aspen The Aspen Insti- tute has submitted an application which requests the adoption by the City of a precise development plan for the Property including the establishment of permitted and conditional uses of the land and of the structures located on the Property, and WHEREAS, the proposed precise development plan submitted by The Aspen Institute requests the establishment of permitted and conditional uses to allow for the development of a Commercial Con- ference Center as hereinafter defined, and WHEREAS, It is the policy of the City of Aspen that the creation of permitted uses and allowable density in a specially planned area should not be granted absent the imposition of condi- tions which require that the development and use of the lands shall have no significant adverse effect on the adjacent land- RECORD OF PROCEEDINGS 100 Leaves owners, stream and air quality, road congestion, wildlife, adopted master plan, and the general public interest, and WHEREAS, the property remains as the largest undeveloped tract of land within the City of Aspen and its development will have significant impact on the Aspen co~munity, and WHEREAS, the property includes areas of limited suitability for development, and WHEREAS, the property is bounded by river frontage and severe slopes on the North and West, and a low-density residential neigh- borhood to the south and east, all of which limit accessibility and create unique problems for the development of the site, and WHEREAS, the property has minimal vehicular and pedestrian access, and WHEREAS, the available vehicular access to the property has a carrying capacity substantially less than that required if devel- opment was allowed to proceed at the density requested in said precise plan without restriction of structure~ and WHEREAS, severe ecological and as a result of development, and WHEREAS, development can alter the use of the land and of the envirnmental damage may occur and degrade the aesthetics and quality of life of the neighborhood and of the Aspen community, and WHEREAS in conjunction %~ith the for said S.P.A designation the City of required to establish the permitted and conditional uses, and WHEREAS, the Aspen Institute has submitted, and at the request of the City of Aspen withdrew, applications for the approval of a preliminary P.U.D. plan and a preliminary subdivi- sion plat, and approval of the precise plan Aspen is directed and 2 RECORD OF PROCEEDINGS 100 Leaves WHEREAS, Institute must resubmit and obtain approvals of both plan and subdivision plat, and WHEREAS, on May 29 1979, mission recoi~nended approval of the City of Aspen [las indicated that The Aspen a P.U.D. the Aspen Planning and Zoning Com- a precise plan for the Property subject to certain conditions, and WHEREAS, on July 23, 1979, the Aspen City Council held a pub- lic hearing pursuant to the Zoning Code of the City of Aspen which requires that "... the applicant, and all parties interested therein, shall be given an opportunity to be heard, to present and rebut evidence, and to procure an adequate record ...", and WHEREAS, following the public hearing the Council determined that denial of the precise plan was appropriate, and WHEREAS, the Zoning Code of the City of Aspen requires that the City Council "shall make findings adequate to apprise the applicant of the reasons for ... denial and the specific grounds relied on for such action", on August 27, 1979, the Aspen City Council adopted Resolution No. 17, setting forth its findings, and WHEREAS~ on August 21, 1979, The Aspen Institute brought suit in the District Court in and for the County of Pitkin against the City of Aspen and others for judicial review and other claims, and WHEREAS, on March 24~ 1980, the Aspen City Council agreed to consider a precise plan for the Property, and WHEREAS, the continued presence of the Aspen Institute for Humanistic Studies, the Aspen Music Associates and the Aspen Center for Physics as three cultural and educational facilities is of primary concern to the Aspen City Council. 3 RECORD OF PROCEEDINGS 100 Leaves WHEREAS, on _ ~,~ /~ , 1980, the precise plan was approved by the Aspen Planning and Zoning Co~lission, and WHEREAS, the City Council has suggested and the Planning and Zoning Co[~,]ission has determined that it is more appropriate, when greater detail and information is available, to establish the necessary parking, a transportation plan, lot yards and setback requirements, maximum heights~ minimum open space and any other planning and zoning matters which contribute to the development and use of the area as a whole (with the exception of permitted and conditional uses and the permitted density which are covered by this ordinance) as well as the location and characteristics 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. 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. designation of the Property with said approval being limited to permitted and conditional uses all in conformity with this ordin- ance with the reservation of all other planning and zoning mat- ters, consistent with this ordinance, ~lich contribute to the development and use of the Property as a whole to future consider- ation and approval as part of P.U.D. plan and subdivision plat approval. The precise plan which is receiving approval differs in some respects from the narrative and site plan originally sub- originally submitted by The Aspen Institute and therefore Council is not approving the narrative and site plan originally submitted by The Aspen Institute. This approval is conditioned upon the 4 RECORD OF PROCEEDINGS 1 O0 Leaves applicant obtaining full P.U.D. plan and subdivision plat approval. Section 2. Definitions. (a) COMMERCIAL CONFERENCE CENTER. "Commercial Conference Center" means and includes a facility dedicated to handling group meetings and providing program develop- ment and educational support. For the purpose of this ordinance, the Commercial Conference Center shall design programs which cater essentially to the corporate, association and educational institutions market for intensive educational or training sessions whose pro- grams primarily require daytime use of the facilities and rely upon full use of the conference facilities as opposed to those of the community in order to maximize conferee interaction. For the purpose of this ordin- ance, the permitted uses of a Commercial Conference Center are limited to residential (including lodging)~ meeting, food and beverage~ recreational, retail and miscellaneous facilities and uses as hereinafter defined. (b) COMMERCIAL CONFERENCE CENTER FOOD AND BEVERAGE FACILITIES. "Commercial Conference Center Food and Beverage F~cilities" include a restaurant, kitchen, and similar facilities which are capable of providing gen- eral dining, banquet, and room service, hospitality suites, and a cocktail lounge. Entertainment may be provided in such facilities. (c) COMMERCIAL CONFERENCE CENTER MEETING FACILITIES. "Commercial Conference Center Meeting Facilities" include an auditorium, large and small conference rooms, and supporting services. "Supporting services" means and includes a lobby, library, audio-visual service, print shop, duplicating facilities~ computer service, office facilities, and other similar uses. (d) COMMERCIAL CONFERENCE CENTER MISCELLANEOUS FACILITIES. "Commercial Conference Center Miscellaneous Facilities" include parking, inhouse laundry, storage and other sim- ilar facilities required to provide service or mainten- ance of land, building, equipment~ etc. (e) COMMERCIAL CONFERENCE CENTER RECREATIONAL FACILITIES. (f) "Commercial Conference Center Recreational Facilities" include card and game rooms, health center, racquetball courts, tennis courts, jogging tracks, walking paths bicycle paths, cross country ski trails, swimming pools, and other related or similar facilities. COMMERCIAL CONFERENCE CENTER RESIDENTIAL FACILTIES. "Commercial Conference Center Residential Facilities" (g) include employee housing, apartments, guest rooms, and rooms to accommodate the housing of faculty and staff. COMMERCIAL CONFERENCE CENTER RETAIL FACILITIES. "Commercial Conference Center Retail Facilities" include 5 RECORD OF PROCEEDINGS 100 Leaves a tennis pro shop primarily for sales and rentals to guests, faculty and staff of recreational equipment and accessories and rental of such items as bicycles, cross country ski equipment, etc., and a convenience shop, to be conducted entirely within the principal building, for the retailing primarily to guests, faculty and staff of the facility of such items as newspapers, magazines, stationery, post cards, toiletries and other convenience items. (h) COMMERCIAL CONFERENCE CENTER ACCESSORY USES. "Commercial Conference Center Accessory Use~" include uses which are naturally and normally incidental to~ subordinate to, and devoted exclusively to the principal use of the premises, and which do not change the basic character thereof, as determined by its principal use. Section 3. Commercial Conference Center Tourist Use. Traditional cos~ercial conference centers do not include tourist use. However, the Aspen Institute has presented evidence of past and current accommodation of tourists within its existing 92 bedrooms as a result of this existing tourist use, the Aspen City Council recognizes that this particular commercial conference center shall have as an additional use under this ordinance the accommodation of tourists, provided that the accommodations are restricted to not more than any 92 bedrooms rented to tourists on a calendar quarterly average, i.e. not more than 8,464 room days per calendar quarter. (It is the intent of this provision to allow those who are housed within these 92 bedrooms to use the food and beverage, recreational, commercial conference center.) Although the provisions of and other facilities of the Article XII, Chapter 24 of the Municipal Code of the City of Aspen apply generally to this tour- ist use, the provisions of Sections 24-12.4 and 24-12.5 of the Municipal Code of the City of Aspen shall not apply to the use of this Commercial Conference Center. 6 RECORD OF PROCEEDINGS 100 Leaves Section 4. 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: (a) Permitted Uses: Co~aercial Conference Center with uses defined in Section 2(a) to (g), inclusive, and in Sec- tion 3. (b) Conditional Uses: Accessory uses. Section 5. Permitted Density. The allowable density for the property shall be at the time and during the P.U.D. approval The Aspen Institute shall construct, equal in percentage to the development of established process. in phases approximately the new faculty/guest bedrooms, housing adequate to house 60% of its operational staff. For the purpose of this ordinance, housing adequate to house 60% of the Aspen Institute's operational minimum number of employee units and established at and during the P.U.D. City require The Aspen Institute to staff is considered to be a this minim~n number will be process. At no time will the use its faculty/guest residen- tial bedrooms to house its operational staff. In the event that 60% of the Aspen Institute's operational staff do not choose to be housed within The Aspen Institute's employee housing, The Aspen Institute may either leave these units vacant or may offer the remaining space to other qualified employees of the community. Rental prices for employee housing shall be at levels within the housing price guidelines established by the City Council. The above requirement for housing operational staff shall apply to all future owners of the facility as well as the Aspen Institute. The faculty/guest residential housing shall be divided into living units containing not more than 265 bedrooms and 20 addi- tional rooms which may be used for or as living rooms, kitchens, 7 RECORD OF PROCEEDINGS 100 Leaves dining areas, or a combination of the 265 bedrooms with 20 additional rooms for the site and no further bedrooms, same. The above-designated shall be the total density living rooms, kitchens dining areas or a combination of same shall be constructed on the site, with the cxception of employee Section 6. Conservation Area. The Aspen Institute is willing housing as defined above. to treat portions of the Castle Creek area as conservation land. Therefore, as a further condition of this approval, the Aspen Institute will covenant to preserve the following described areas from any development, including tennis courts, and for conservation purposes. Institute and lying west of (a) Ail land owned by The Aspen Castle Creek; (b) Ail land owned by The Aspen Institute and lying both within the Castle Creek valley and east of Castle Creek below 7800 feet mean sea level, 16, 1974, Cooper Aerial Survey maps, sheets J-1100 and L-1~00. Section 7. Growth Management. as shown on the October Company topographical The development of the Commercial Conference Center is exempt from the Growth Management Quota System by reason of Section 24- 10.2(a), (h) and (i) of the Municipal Code of the City of Aspen, Colorado. Section 8. Phasing. The Aspen Institute is encouraged, but not required, to phase the construction of the Commercial Conference Center and of the employee housing in a manner best calculated to meet the needs of The Aspen Institute and best calculated to mitigate the impacts of the development on the neighborhood. The Aspen Institute is RECORD OF PROCEEDINGS 100 Leaves requested to submit a phasing application. Section 9. The accommodation of tourists~ plan with its conceptual P.U.D. while acceptable, is not the most desirable or ideal use of this property. The City Council recognizes that there exists no guarantee that the Aspen Institute will remain in Aspen. As a result, the Council shall rely upon traditional land use controls to mitigate the adverse impacts of the project. Specifically, in order to obtain P.U.D. approval, the Aspen Institute will be required to create a traffic circula- tion system containing adequate bus service together with a sub- stantial auto disincentive program. Section 10. Non-reliance. The approval of the permitted, conditional and tourist uses and the permitted density may be relied upon as an act of approval of a specific precise SPA plan. This approval, however, should not be relied upon as approval of the general plan as originally submitted 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 11. 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 application of the ordinance, and to this end the provisions of this ordinance are declared to be non-severable. Section 12. Public Hearing. That a public hearing on this ordinance be held on day of ~ City Council Chambers, the , 1980, at 5:00 P.M. in the Aspen City Hall, Aspen, Colorado 15 days 9 RECORD OF PROCEEDINGS 100 Leaves prior to which hearing 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, Colorado, at its regular meeting held on the ~ day of ~-~ __, 1980. ATTEST: City Clerl~ FINALLY adopted, of H~rman Edel Mayor passed and approved on the · 1980. day ATTEST: Herman Edel Mayor ~athryn S. Koch City Clerk 10