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HomeMy WebLinkAboutordinance.council.022-14 RECEPTION#: 613270, 09/05/2014 at 09:25:38 AM, 1 OF 9, R $51.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 22 (SERIES OF 2014) A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED DEVELOPMENT AMENDMENT TO THE PROJECT REVIEW AND GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR THE PROPERTY COMMONLY KNOWN AS RUBEY PARK, LEGALLY DESCRIBED AS LOTS K, L, M,N, O, P, Q, R AND S, BLOCK 90, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-182-21-851 WHEREAS, the Community Development Department received an application from the City of Aspen Transportation Department (Applicant), represented by B1ueGreen, requesting City Council approve a Planned Development Amendment for Project Review and Growth Management Review for an Essential Public Facility for the property commonly known as Rubey Park, legally described as Lots K, L, M, N, O P, Q, R and S, Block 90, City and Townsite of Aspen; and, WHEREAS, the property is zoned Public (PUB) with a Planned Development (PD) Overlay; and, WHEREAS,the property is located in the Commercial Core Historic District; and, WHEREAS, during a duly noticed public hearing on February 12, 2014 the Historic Preservation Commission granted Conceptual Commercial Design Review and Conceptual Major Development Review approval via Resolution No. 5, Series of 2014 by a four to zero (4- 0) vote; and, WHEREAS, during a duly noticed public hearing on July 15, 2014 the Planning and Zoning Commission recommended approval of a Planned Development Amendment and Growth Management Review for an Essential Public Facility via Resolution No. 11, Series of 2014 by a seven to zero (7-0) vote; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, 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 recommendations of the Community Development Director, the Planning and Zoning Commission, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on August 25, 2014, City Council approved Ordinance No. 22, Series of 2014, by a four to zero (4 — 0) vote, approving a Planned Ordinance No. 22, Series of 2014 Rubey Park Page 1 of 9 Development Amendment Project Review and Growth Management Review for an Essential Public Facility; and, WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal; and, WHEREAS, 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Aspen City Council approves a Planned Development Amendment for Project Review and Growth Management Review for an Essential Public Facility. Section 2: Employee Generation The proposed development will increase the base number of FTEs by 0.18 from 183.58 (as provided by the applicant) to 183.76, which reflects the FTEs associated with the Rubey Park Transit Center operations. Council hereby waives mitigation requirements of the 0.18 employees generated by this project. An employee audit shall be conducted by an outside entity two years after CO, based on the same type of data received for the base number. Any additional employees above the determined increase of 0.18 shall be subject to future mitigation requirements. The Housing Authority shall request the audit from RFTA. Failure to request the audit shall not render any of the approvals invalid. RFTA 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. Any costs for the audit shall be paid by the applicant. Section 3: Dimensional Requirements The approved dimensions for the redevelopment of Rubey Park shall be reflected in the Final PD plans as represented in the exhibits of this ordinance. Section 4: Plat and Agreement The Applicant shall record a PD plat and agreement that meets the requirements of Land Use Code Sections 26.445.090, Documenting Final Planned Development Approval, and 26.490, Approval Documents, within 180 days of approval by City Council. Section 5: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance, recorded P&Z Resolution, and recorded HPC Resolutions. Ordinance No.22, Series of 2014 Rubey Park Page 2 of 9 b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A compliant drainage plan. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. e. An excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan for review and approval by the City Engineer. h. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. i. A detailed Sign Plan that includes locations, sizes, materials and construction methods for each sign. Section 6: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Titles 21, 28, and 29. The design for the site must meet the Engineering Design Standards which includes the Urban Runoff Management Plan Requirements, Construction Mitigation Plan and Construction and Excavation Standards. Portions of the sidewalks, curbs and gutters will be replaced as part of the project. This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. Section 7: Fire Mitigation This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes, but is not limited to, Fire Department Access (International Fire Code 2009 Edition Section 503), and the installation of approved fire sprinkler and fire alarm systems (IFC 2009 Sections 903 and 907 as amended). Section 8: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Ordinance No.22, Series of 2014 Rubey Park Page 3 of 9 Section 9: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation,perimeter,patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Section 10: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: Parks The cottonwood tree on the northeast comer of Durant and Mill Streets shall be preserved, unless otherwise approved for removal by the Parks and Engineering departments. A stub out shall be left to extend the snow melt system in the future along the north sidewalk on Durant between Mill and Monarch Streets, or as agreed to by the Parks, Engineering and Transportation Departments. Ordinance No. 22, Series of 2014 Rubey Park Page 4 of 9 Section 12: Signne Council hereby approves the signage locations, sizes and materials as presented. A detailed Sign Plan shall be submitted with the building permit application. All lighting for signage shall be placed on a timer or sensor to be turned off when buses are not in operation. All future changes to the approved signage must comply with the Sign Code in effect at the time of the proposed change. If a proposed change does not comply with the Sign Code, an amendment to the Planned Development shall be required. Section 13: Construction Phasing Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 — April 15 and June 1 — Labor Day). The proposed temporary ticket/restroom/waiting facility shall only be permitted on site during the period of construction. This facility must be removed from the site prior to Certificate of Occupancy. Section 14: Fees Any applicable impact fees shall be assessed at the time of building permit application submittal and paid at building permit issuance. All fees associated with the land use applications for this project shall be assessed and paid at the building permit issuance. Section 15: 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 16: 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. Section 17: 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 18• A public hearing on this ordinance shall be held on the 25th day of August, 2014, 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. Ordinance No.22, Series of 2014 Rubey Park Page 5 of 9 INTRODUCED,READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28th day of July, 2014. I e :Manning, City Clerk Steven Skadron,Mayor FINALLY, adopted,passed and approved this 25th day f Au ust,2014. jint�test: ,i da Manning, City Cle k Steven Aadron, ayor Approved as to form: -_--- 101�--—�_ ames R. True, City Attorney Exhibits: I. Approved Site Plan H. Approved Floor Plans III. Approved Elevations Ordinance No. 22,Series of 2014 Rubey Park Page 6 of 9 EXHIBIT I °ol ='I rf ' I �� " � I 1 I1 I I 'rl t I A I IL I- A ��4 l t, Ordinance No.22,Series of 2014 Rubey Park Page 7 of 9 EXHIBIT II a a � a` a N -- ------ I � J I Ordinance No. 22, Series of 2014 Rubey Park Page 8 of 9 4O0.W ADdTiCN _.._ wunNr.room �SrR00m pt]OITgN 7H NATION i� FESTROOMADDnoN - rrar.NC Boon __- 4pMINACNTIO� LZI NO-Z ELEVATION srxc.,s.,. Q 3lEASTELEVATION RESTROOMADDITION X41 EASTELEVATION WAKING ROOM C3~ �� `1EASTEL6VATION ADMIN ADDITION . 1/acme,� a ame O CD CD O o t J L�W +EL� ATION RESTROOMADDITION ] WEST ELEVATION WAITING ROOM WEST ELEVATION ADM IN ADDITION PUBLIC NOTICE Ad Name: 10436242A (/^ '' _^°" (/� V�o•• RE:RUBEY PARK-PLANNED DEVELOPMENT v D GROWTH MANAGEMENT Customer: Aspen (LEGALS) City of REVIEWS AN Your account number: 1013028 NOTICE IS HEREBY GIVEN that a public hearing ^ / will be held on Monday,August 25,2014,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 sub- PROOF OF PUBLICATION mitted by the City of Aspen Transportation Depart- ment,represented by BlueGreen,for the property located at 450 E.Durant Street,21legally described S?ZX IM11 as Lots K,L,M,N,0,P,0,R and S,Block 90,City and Townsite of Aspen, CO, Parcel ID #2737-182-21-851.The applicant is requesting a Planned Development(PD)Amendment and Growth Management review for an Essential Pub- lic Facility in order to remodel the existing structure and site and construct two new additions. For fur- ther information,contact Justin Barker at the City of Aspen Community Development Department,130 STATE OF COLORADO, S. Galena St., Aspen, CO, (970)429.2797, justin.barker@cityofaspen.com. COUNTY OF PITKIN s/Steven Skadron,Mayor Aspen City Council Published in the Aspen Times on August 7,2014 I,Jim Morgan, do solemnly swear that I am General (10436242) Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 8/7/2014 and that the last publication of said notice was in the issue of said newspaper dated 8/7/2014. 1 In witness whereof,I have here unto set my hand this 08/07/2014. Jim Morgan,Gener . Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 08/07/2014. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 �pRY?(iei F. PAMELA J. ' SCHULTZ t cOt '