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HomeMy WebLinkAboutordinance.council.037-00 ORDINANCE NO. 37 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE RED BRICK ARTS A_ND RECREATION CENTER PLANNED UNIT DEVELOPMENT AMENDMENT TO CONSTRUCT A CONFERENCE ROOM AND SNOW-SHED CANOPY ON THE RED BRICK ARTS AND RECREATION CENTER, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-36-850 WHEREAS, 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 construct a conference room on the west end of the structure and construct a snow- shed canopy on the east end of the structure; and, WHEREAS, the subject property is a located in the Public (PUB) Zone District; and, WHEREAS, the Aspen City Council approved Ordinance No. 22, Series 1993 that granted rezoning from R-6 to Public, Growth Managemem 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 public 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; WltEREAS, the Community Development Director reviewed the PUD amendment and recommended approval; and, WHEREAS, the Historic Preservation Committee offered a unanimous endorsement of the proposed developments during a special meeting on July 13, 2000; and WHEREAS, 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, WHEREAS, the Aspen City Council 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, WHEREAS, the City Council fmds that the development 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 Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare~ NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Red Brick Arts and Recreation PUD Amendment to construct a conference room on the west end of the structure and construct a snow-shed canopy on 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 District. This includes but is not limited to maintaining fire alarm coverage in the new conference area; 2. Site development approvals must include the requirement meeting runoff design standards of the Land Use Code Section 26.580.020(A)(6)(a) and a requirement that, prior to the building permit application, a drainage mitigation plan (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 may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm; 3. That a full soils report and drainage report are needed prior to the application of a building permit; 4. That the applicant receive approval from the City Engineering Department for design of improvements, including 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 2 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 development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission 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 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 under such prior ordinances. Section 4: 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 14th day of August, 2000. Attest. : Kathryn Sgfl~och, City Clerk FINALLY, adopted, passed and approved this 11th day of September, 2000. Attest: Kathryn S~o'ch, City-(~lerk ~.~ a~ Approved as to form: John ~ol~to~(, C~ity Attorney