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HomeMy WebLinkAboutordinance.council.001-18 IIIIIIIHill HillIIIIIIIIIIIIII111111II11111111Hill Hill Hill 1111111111111 RECEPTION#: 645803, R: $23.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 3,03/1312018 at 12:16:27 PM ORDINANCE#1 Janice K.Vos Caudill, Pitkin County, CO (SERIES OF 2018) - - - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,/ APPROVING AN AMENDMENT TO ORDINANCE#17, SERIES OF 2016, RELATED' TO 845 MEADOWS ROAD,ASPEN MEADOWS RECEPTION CENTER, LOT 1-A, ASPEN MEADOWS SUBDIVISION,CITY OF ASPEN, PITKIN COUNTY, COLORADO PARCEL ID: 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute, represented by Curtis and Associates, requesting approval of an amendment to Ordinance#17, Series of 2016; and, WHEREAS, the application relates to the Aspen Meadows Reception Center, which is zoned Academic/PD and which is listed on the Aspen Inventory of Historic Landmark Sites and Structures; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended in favor of the proposed amendment; and, WHEREAS, City Council may, at its sole discretion, amend an ordinance during a duly noticed public hearing atter considering comments from the general public, and a recommendation from the Community Development Director; 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 Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, on January 8, 2018, the Aspen City Council passed this Ordinance on First Reading by a five to zero(5-0)vote; and, WHEREAS, during a duly noticed public hearing on February 12, 2018, the City Council approved this Ordinance, by a four to zero (4-0) vote, adopting an amendment to Ordinance #17, Series of 2016; and, WHEREAS, the City Council finds that the development proposal.meets or exceeds all applicable development standards; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Ordinance#1,Series 2018 Page 1 of 3 Section 1: Ordinance Amendment(Ordinance#17, Series of 2016) Section 6.2 of Ordinance#17, Series of 2016 is hereby amended and shall read as follows. Section 6.1 is restated,but unchanged. Section 6: Growth Management, Essential Public Facility Growth Management approval for expansion of this Essential Public Facility is approved subject to the following conditions: 1. Three years after Certificate of Occupancy, an employee audit shall be conducted showing the current FTE food service employee count at that time. The auditor and audit will be reviewed and approved by APCHA. Any costs associated with the audit will be at the expense of the applicant. If additional FTE food service employees are shown at that time, related only to the floor area square footage of the expansion that exceeds the floor area permitted in the Aspen Meadows SPA as described in Section 4 above, then mitigation may be required. If additional FTE food service employees are generated and mitigation is required, the mitigation shall be calculated at 60% of the additional FTE food service employees and then the pro rata share based on the square footage floor area of the expansion that exceeds the floor area permitted in the SPA divided by the total square footage of the floor area of the expansion as described in Section 4 above. Said square footage floor areas shall be determined-at the time of Building Permit submittal and depicted on the approved Building Permit plans as required in Section 4 above. Only those employees that are a result of the improvements shall be subject to future mitigation. The Housing Authority shall request the audit from the Aspen Institute. Failure to request the audit shall not render any of the approvals invalid. The Institute shall provide the Housing Authority and the Community Development Department with the audit report. The Housing Authority and Community Development shall forward the audit to the Housing Board, P&Z and/or City Council for review, as applicable. 2. 17.80 FTEs for food service employees based on the 2016 Calendar Year operations shall be the FTE baseline for the Employee Audit. Section 2: Severability 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. Section 3: Existing Litigation This ordinance shall not affect 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. Ordinance#1,Series 2018 Page 2 of 3 Section 4: Approvals 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 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 5: Public Hearing A public hearing on this ordinance shall be held on the 12w day of February, 2018, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public 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 on the 8th day of January, 2018. Attest: �� 1 \ 1 coda Manning,City Clerk Steven Skadron,Mayor FINALLY, adopted,passed and approved this L day of2018. Attest: inda arming,City Cle k Steven 8kadiAn,Mayor Approved as to form: Wes R. True, City Attorney Ordinance#1,Series 2018 Page 3 of 3