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HomeMy WebLinkAboutordinance.council.004-04ORDINANCE NO. 4 (SERIES OF 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE VISITOR CENTERCOWOP PRO.CT, ON LAND OWNED BY MILLENNIUM PLAZA. LLC, ON THE NORTHWEST CORNER OF GALENA AND MAIN STREETS, 426 EAST MAIN STREET} AND LEGALLY DESCRIBED AS UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. · Parcel No. 2737.073.22.015 WHEREAS, the Aspen City Council, pursuant to Resolution 65, Series of 2003, determined eligible through the City's Convenience and Welfare of the Public (COWOP) review process, the redevelopment of certain real property (hereinafter the "Project") owned by Millenium Plaza, LLC, located at the northwest corner of Main and Galena Streets for the purpose of providing a visitor center to be operated by the Aspen Chamber Resort Association, or similar entity, retail/office spaces, and residential units; and, WHEREAS, the Property is located at 426 East Main Street and is legally described as Unit lA of the Galena Plaza Condominiums as shown on the plat thereof recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder; and, WHEREAS, the COWOP land use review process, Chapter 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, When determined necessary by the City Council according to said Chapter, to evolve all attributes of a project considering input from neighbors, property owners, public officials, technical advisors and consultants, members of the public, and other parties of interest assembled as a formal reviewing and recommending authority - a COWOP Task Force Team providing recommendations directly to City Council on the land use, physical dimensions, financial impacts, and public policy aspects of a project; and, WHEREAS, the Visitor Center COWOP Task Force Team was comprised of owners of the subject property, residential and commercial neighbors, representatives of the City of Aspen Community Development Department, a representative of the City of Aspen City Council, representatives of the City of Aspen Planning and Zoning Commission, a representative of the City of Aspen Historic Preservation Comm.ission, a representative of Pitkin C6unty, a representative of the Pitkin County Library, a representative of the Civic Center Master Planning Committee, a membei- of the local lodging community, the President and CEO of the Aspen Chamber Resort Association (ACRA), a representative of local law enforcement and emergency services, and members of the citizenry. The City of Aspen Community Development Director served as the chair of the Task Force Team, in compliance with the requirements of Section 26.500 of the Aspen Land Use Code. Meetings of the Task Force Team included opportunities for members of the Public to comment. The composition of the Task Force Team was approved by the City of Aspen City Council, pursuant to Resolution 65, Series Ordinance No. 4, Series of 2004. Page 1 of 2003, and provided the project with a broad range of expertise and awareness of community issues; and, WHEREAS, the COWOP review process enabled the planning and design of the Project to reflect essential community goals and values, taking into consideration various opinions and expressed points-of-view from residential, commercial, and governmental neighbors, ACRA as a potential tenant, land owners, citizens, and technical expertise from various professional staff of essential City, County, emergency service providers, and quasi-municipal districts and utility and service providers; and, WHEREAS, the COWOP land use review procedure does not and has not lessened any public hearing, public noticing, or any critical analysis or scrutiny of the project as would otherwise be required; and, WHEREAS, the Visitor Center COWOP Task Force Team met a total of five (5) times, each time for approximately three (3) hours, to consider the property and its context; to identify the goals, objectives, and physical, financial, legal, and public policy issues and parameters of the project; to review other potential locations where such a visitor center could be developed; and, to guide, the programming, planning, and design of the project on the following dates: August 18, 2003, August 26, 2003, August 28, 2003, September 4, 2003, and September 11, 2003; and, WHEREAS, the Visitor Center COWOP Task Force Team meetings were open to the public and were well attended. Meeting summaries were produced and adopted by the Task Force at each subsequent meeting; and, WHEREAS, the Aspen City Council conducted three publicly noticed work sessions to review the progress of the Task Force Team and to provide guidance to the Project and the proper planning, design, and financial objectives and issues to be fully considered on the following dates: September 2, 2003, November 25, 2003, and December 1, 2003; and, WHEREAS, City planning staff, the land owner, design and legal professionals representing the land owner, and representatives of ACRA met with professional staff of the City, County, and individual quasi-municipal districts to identify and discuss technical, physical, financial, legal, and operational issues of the site, land uses, and various design scenarios; and, WHEREAS, several articles in local newspapers appeared over the course of the Visitor Center COWOP Task Force Team review process detailing ongoing planning issues and the evolution of the Project; and, WHEREAS, it is a goal of the City of Aspen and the Aspen Chamber Resort Association to maintain a highly visible and aesthetically welcoming visitor center in a location that accommodates tourist needs; and, WHEREAS, the Project provides for a public visitor center to be operated by the Aspen Chamber Resort Association (ACRA), or similar entity, at a highly visible location with short-term parking, with clear pedestrian and transit connections to Aspen's downtown and area attractions, and the necessary offices and support spaces for the day- to-day operations of ACRA; and, Ordinance No. 4, Series of 2004. Page 2 WHEREAS, the Project location is highly advantageous due to its proximity to short-term and long-term public parking, State Highway 82, the attractions of downtown Aspen, pedestrian connections to and through downtown Aspen and a regional network of trails; and, WHEREAS, the Project location will help orient tourists as commercial tourist maps typically depict Aspen Mountain at the top of the map with the town's streets below (a south-on-top map orientation), the same orientation a tourist will have looking south from the Project location towards Aspen Mountain; and, WHEREAS, the public/private partnership aspect of the Project would have been difficult without the COWOP review process and the ability to specify certain zoning requirements and development exactions through a more open and thoughtful review process; and, WHEREAS, the project is of higher quality as a result of the Visitor Center COWOP Task Force Team review process and the interactive discussions that occurred; and, WHEREAS, the Project is consistent with the Goals and Objectives of the 2000 Aspen Area Community Plan, the Project is consistent with the direction of the Civic Master Plan - a planning project commissioned by the City of Aspen currently in progress analyzing proper uses of land surrounding and including the subject property; and, WHEREAS, the Visitor Center COWOP project minimizes reliance on the automobile with its proximity to downtown and common destinations including the parking garage, proximity to transit services, pedestrian connections, and provision of resources for the car-sharing program; and, WHEREAS, the above listed transportation demand management strategies adequately mitigate air quality (pml0) affects of any additional traffic generation; and, WHEREAS, during a regular meeting of the Visitor Center COWOP Task Force Team on September 11, 2003, the Task Force Team recommended, by a vote of eleven to one (11~1), that City Council approve the Project; and, WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City Council may approve, approve with conditions, or deny all requisite land use approvals necessary to grant a development order for a proposed development determined eligible for COWOP land use review upon a recommendation from the Community Development Director and consideration of comments offered by the general public at a duly noticed public hearing; and, WHEREAS, the City of Aspen Community Development Director has reviewed the proposed development in consideration of the recommendations of the COWOP Task Force Team, the requirements of the land use code, and comments from applicable referral agencies and has recommended approval of all necessary land use approvals for granting a development order for the proposed Project including Final approval of a COWOP Land Use Review, Rezoning of the Property with a PUD Overlay, Final PUD Plan approval, Subdivision, Condominiumization, Residential Design Review, and Final Ordinance No. 4, Series of 2004. Page 3 Growth Management approval for exemption, subject to conditions of approval as described herein; 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 Visitor Center COWOP Task Force Team, the Community Development Director, the applicable referral agencies, and' has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds 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 necesk~ry for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED 'BY THE CITY ~COUNCIL .OF THE CITY OF ASPEN, COLORADO as follows: The Visitor Center COWOP Project is hereby granted a development order for a site specific development plan and granted all necessary land use approvals including Final approval of a COWOP Land Use Review, Rezoning of the property to include a Planned Unit Development (PUD) Overlay, Final PUD~Plan approval, Subdivision, Condominiumization, Residential Design Review, Final Growth Management approval for exemption, and Vested Rights subject to conditions of approval as described herein. Section 1: Rezoning for PUD Overlay The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect the following property as included in the Commercial Core (CC) Zone District with a Planned Unit Development (PUD) Overlay: Unit lA Galena Plaza Condominiums as described on the plat thereof to be recorded in conjunction with Final PUD Plans for this project. Section 2: Approved Project Dimensions The following approved dimensions of the pr Minimum Lot Size Minimum front yard Minimum side yard Minimum rear yard Minimum lot width Maximum site coverage Minimum distance between buildings Minimum percent open space ect shall be reflected in the Final PUD Plans: 5,006 square feet 0 feet 0 feet 0 feet Varies, as shown on subdivision plat. feet on Main Street frontage. No requirement 75 According to Building Code. No requirement Ordinance No. 4, Series of 2004. Page 4 Maximum height 40 feet, measured according to Section 26.575.020 of the City Land Use Code. As shown on Final PUD Plans Trash access area Minimum off-street parking spaces: 2 spaces in alleyway. Also see Section 4 - Car Share Program Contribution. Total Floor Area for Site 1.92:1 = 9,598 square feet Residential net livable area 6,139 square feet. Plus 1,000 square feet (See Section 3). Commercial net leasable area 1,410 square feet. Plus 1,000 square feet (See Section 3). Visitor Center and ACRA gross area 3,000 square feet Residential Units 5 Section 3: Basement Flex Space The Project includes approximately 1,000 square feet of basement-level space which may be used as either residential unit(s) or commercial space. A building permit and conformance with all relevant building code provisions shall be achieved according to the developed use. No growth management change-in-use or other land use or approvals shall be required to fluctuate between these permitted uses, Section 4: Car Share Program Contribution The Project Developer shall make a one-time monetary contribution to Roaring Fork Vehicles - a car-sharing business associated with the City of Aspen - in the amount of $60,000. The contribution shall be payable prior to issuance of a Certificate of Occupancy for the Project. This contribution was voluntarily offered by the applicant, as a means of mitigating residential parking needs. Section 5: Construction Staging and Police/Sheriff Parkin? The Project Developer shall work with the City of Aspen Police Chief and the Pitkin County Sheriff regarding temporary parking for emergency vehicles and the location of construction materials/equipment for the period of construction. The agreement shall be part of the PUD agreement. City Community Development staff can facilitate/moderate meetings and mediate any unresolved issues as necessary. Section 6: Impact Fees Because actual unit configurations will not be resolved until building permit, the following impact fees are expressed as formulas and not final fees. Final fees will be calculated at the time of building permit review. Park Impact Fees shall be assessed and allocated by the City for improvements to City Parks according to the following schedule. For each studio unit - $1,520 For each one-bedroom unit - $2,120 For each two-bedroom unit - $2,725 For each three- or four-bedroom unit - $3,634 Ordinance No. 4, Series of 2004. Page 5 Costs of physical site improvements determined acceptable to the City Parks Department as park impact mitigation shall be credited towards reducing this impact fee. School Impact Fees. School Impact Fee for each unit shall be calculated pursuant to Section 26.630 of the City of Aspen Land Use Code and shall be assessed prior to issuance of a building permit. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. Section 7: Trees and Right-of-Way Improvements The Project Developer shall either relocate the three existing on-site trees to a new location acceptable to the City of Aspen Parks Department or remove the trees and pay a tree removal mitigation fee according to the valuation schedule below. Relocating the trees can either be organized by the Project developer in coordination with the City Parks Department or performed by the City Parks Department and billed to the Project Developer. Tree removal mitigation shall be based on the valuation of existing trees to be removed. Following is a summary of the existing trees to be removed and their valuation. 12 1 $4,069.4z,. $4,069.44 13 2 $4,775.94 $9,551.88 Total: $13,621.32 The existing street trees within the Main Street right-of-way shall be protected during the entire construction process. NO storage of materials shall occur within the drip lines of these trees. The Subdivision/PUD agreement shall include provisions to protect the Main Street trees. Section 8: Sidewalk Closures prOper signage and barriers shall be used during periods of construction necessitating the closure of sidewalks surrounding the Project. Section 9: Water Department Requirements A separate water meter will be needed for each residence. There shall be a shared water service agreement with each owner. An additional tap for landscaping is required. Section 10: Project and Visitor Center Signage Signage for the Project shall comply with the City's sign code regulations, as amended from time to time. Signage related to the Visitor Center portion of the project shall be approved by the Community Development Director pursuant to the procedure for administrative PUD Amendments. Ordinance No. 4, Series of 2004. Page 6 Section 11: Short-Term Parking for the Visitor Center The City of Aspen shall sign and regulate parking along the portion of Main Street adjacent to the Project and the portion of Galena Street adjacent to thc Project as short-term parking (as defined by the City Parking Department) for thc visitor center. Section 12: Police/Sheriff Parking and Short-Term Parking for the Courthouse The City shall explore a relocated parking area along the alleyway between the Project site and Galena Plaza (on top of the parking garage structure), or another suitable location, for exclusive usc by Police and Sheriff emergency vehicles. Approximately eight spaces are needed. Parking along the eastem side of Galena Street, across from the Visitor Center shall be reserved for short-term use by those with business at the County Courthouse (Police, Sheriff, Court system, and Jail). These spaces shall be Signed and regulated as short-term parking (as defined by the City Parking Department) for the Pitkin County Courthouse. SeCtion 13:PM10 Mitigation and Transportation Options Program The City of Aspen considers the following elements of the project as mitigating the potential increases in pml0: the Project's proximity to downtown, proximity to transit services, existing pedestrian connections and trails, no additional on-site parking, and a monetary contribution to the car-share program. The owner(s) of the commercial units within the Project shall inform and encourage commercial tenants to join the City of Aspen Transportation Options Program. ACRA, or the entity operating the visitor center, is encouraged to join the City of Aspen Transportation Options Program. This program offers certain incentives to reduce automobile reliance. Section 14: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of five (5) years from the date of issuance of a development order. No later than fourteen (!4) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described Ordinance No. 4, Series of 2004. Page 7 property: Unit lA of the Galena Plaza Condominiums as shown on the plat thereof recorded in Book 33 at Page' 89 of the Pitkin County Clerk and Recorder, by Ordinance No. 4, Series of 2004, of the Aspen City Council. Section 15: Condominiumization : Condominiumization of the Project (after redevelopment) to define separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. Section 16: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer. The following items shall also be depicted: 1. Any easements and signature blocks for utility mains not administered by the City of Aspen. 2. The applicant shall provide the final approved' Subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The Final PUD Plans shall include: 1. An illustrative site plan with dimensioned building locations. Off-site improvements, such as improvements to the right-of-way, shall include design specifications for approval by the City Engineer. 2. An architectural character plan demonstrating the general architectural character of the building depicting materials, fenestration, projections, signage, with dimensions. This sheet shall reflect the final approval fi.om the Historic Preservation Commission. 3. A utility plan meeting the standards of the City Engineer and City utility agencies. The' City Water Department prefers one fire tap and one domestic service tap with subsequent branch lines to serve individual buildings and residences. 4. A drainage plan depicting roof and surface drainage and how it will be connected to the City's storm drainage system. 5. A lighting plan sheet shall not be required in the PUD Plans, but compliance with the City's Lighting Code shall be checked at the time of building permit review. Section 17: Subdivision/PUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PuD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: Ordinance No. 4, Series of 2004. Page 8 1. Any agreement w/th the Police Chief and the Sheriff, as may be a result of Section 5, regarding parking of emergency vehicles during construction and a notification procedure for relocating parking as needed. 2. A construction staging plan showing areas for material storage, contractor parking, and showing how the Main Street trees will be fenced-off and protected during construction. Section 18: Building Permit Requirements The building permit application shall include/depict: 1. A letter from the primary contractor stating that the approving Ordinance has been read and m~derstood. A signed copy of the final Ordinance granting land use approval. A fugitive dust control plan approved by the Environmental Health Department. The applicant shall wash tracked mud and debris from the street as necessary, .and as requested by the City, during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, Pitkin County, and the Galena Lofts Homeowners Association. A construction management and parking plan meeting the specifications of the City Building Department, Section 19: Proiect Amendments Amendments to the Project shall be reviewed according to the procedures and limitations of the Land Use Code for amending a Final PUD Plan. Section 20: All material representations and commitments made by the develOper pursuant to the development proposal appro;~als as herein awarded, whether in public hearing or documentation presented before the Community Development Department, or the Aspen 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 other specific conditions. Section 21: 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 22: 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. Ordinance No. 4, Series of 2004. Page 9 Section 23: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 24: A public hearing on the Ordinance was held on the 12th day of April, 2004,' at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Section 25: This ordinance shall become effective thirty (30) days following final adoption provided the City Attorney is satisfied before the effective date of this ordinance that the covenants burdening the property do not prevent the construction of the project as approved herein. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of February, 2004. Attest: Kathryn S. I~; City FINALLY, adopted, passed and approved this [Z'~ay of Attest: Kathryn S. ~cl~, Cil~ Clerk Approved as to form: 4~hWW~orc~st~r, iUit~ Xtt~r~ey C:khome\Visitor Center\Ordinance.doc Ordinance No. 4, Series of 2004. Page 10