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HomeMy WebLinkAboutordinance.council.022-06 ORDINANCE NO. _22_ (SERIES OF 2006) . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE RECYCLE CENTER COWOP PROJECT, ON LAND OWNED BY THE CITY OF ASPEN, KNOWN AS LOT I RIO GRANDE SUBDIVISION, LOCATED ON THE NORTH SIDE OF RIO GRANDE PLACE, DIRECTLY EAST OF THE SKATE PARK. Parcel No. 273707306851 WHEREAS, the Aspen City Council, pursuant to Resolution 19, Series of 2006, determined eligible through the City's Convenience and Welfare of the Public (COWOP) review process, the redevelopment of the Recycle Center for the purpose of improving operations, minimizing visible and audible impacts of the Recycle Center, and demonstrating Aspen's commitment to the environment; and, WHEREAS, the Recycle Center is located at the southeastern edge of the Rio Grande park, just north of Rio Grande Place, and east of the skate park and is legally described as Lot 1 of the Rio Grande Subdivision as shown on the plat thereof recorded in book 32 at page 84 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 Recycle Center COWOP Task Force Team was comprised of voting members (representative of Obermeyer Redevelopment Company, a representative of the City of Aspen City Council, a representative of the City of Aspen Planning and Zoning Commission, neighbors, citizens at large, representatives of the skate park, a representative of the City of Aspen Parks Department, and a representative of the Pitkin County Solid Waste Center) and staff and technical resources (the City of Aspen Community Development Director, a representative of the City of Aspen Environmental Health Department, representatives of Cottle Car & Yaw Architects, serving as the design team, and a representative from CORE). 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 19, Series of 2006, and provided the project with a broad range of expertise and awareness of community issues; and, Ordinance No. _22_, Series of 2006. Page I WHEREAS, the COWOP review process enabled the planning and design of the Recycle Center to reflect essential community goals and values, taking into consideration various opinions and expressed points-of-view from neighbors, citizens, skate park users, City and County staff, and technical expertise from various professional staff of essential City, County, and quasi-municipal districts; 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 Recycle Center COWOP Task Force Team met a total of six (6) times, each time for approximately three (3) hours, to consider the goals and requirements of a redeveloped recycle center that will improve the operations and convenience of use, and be a model for green design, where appropriate, on the following dates: April 13, 2006, April 14,2006, April 21, 2006, April 28, 2006, May 4, 2006, and May 22, 2006; and, WHEREAS, the Recycle Center COWOP Task Force Team meetings were open to the public. Meeting swnmaries were produced and adopted by the Task Force at each subsequent meeting; and, WHEREAS, the location of the Recycle Center is advantageous in that people are already familiar and habituated to the location, and no other feasible locations where deemed to exist by an Alternate Recycle Center Location Study conducted by City staff, as required by Ordinance No. 18 (Series of2003); and, WHEREAS, the Aspen City Council, through adoption of Resolution No. 19, Series of 2006, adopted the findings of an Alternate Recycle Center Location Study performed by City staff February 2003; and, WHEREAS, the Aspen City Council, through adoption of Resolution No. 42 (Series of 1993) designates this area as the location of the City of Aspen's Recycle Center; and, WHEREAS, the Aspen City Council conducted two publicly noticed work sessions to review the progress of the Task Force Team and to provide guidance to the location of the redeveloped Recycle Center in relation to the Rio Grande Master Plan and the Alternate Location Study by City staff, and how to proceed with the design as it relates to cost, on April 17, 2006, and to go over costs associated with the Recycle Center on June 19, 2006; and, WHEREAS, it is a goal of the City of Aspen and Obermeyer Redevelopment Company, the co-applicants for the COWOP process, and the task force, to design a recycle center that will enhance the functioning of the recycle center, for both the operators and users, minimize visible and audible impacts, integrate well with the surrounding landscape, and demonstrate Aspen's commitment to recycling, conserving landfill space, and energy and resource efficiency; and, WHEREAS, the redeveloped Recycle Center allows for the ability of persons with disabilities to participate in recycling; and, Ordinance No. _22_, Series of 2006. Page 2 WHEREAS, the redeveloped Recycle Center allows for enhanced operations and reduced maintenance; and, WHEREAS, the materials used to build the recycle center will support the structure and serve as an educational tool to promote the environmental value and importance of using environmentally responsible building materials, with respect to resource and energy conservation; and, WHEREAS, the Project is of higher quality as a result of the Recycle 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, during a regular meeting of the Recycle Center COWOP on May 22, 2006, the Task Force Team recommended, by a majority vote, that City Council approve the proposed design for the Recycle Center; 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 Recycle Center including Final approval of a 'COWOP Land Use Review, Rezoning for a Planned Unit Development overlay, Final Planned Unit Development Plan approval, final Specially Planned Area plan approval, and Growth Management approval for an essential public facility, 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 Recycle 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 necessary for the promotion of public health, safety, and welfare. Ordinance No. _22_, Series of 2006. Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Recycle 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, Final Specially Planned Area approval, and Growth Management approval for an essential public facility, subject to conditions of approval as described herein. Section 1: Rezoninl! for PUD Overlav The Official Zone District Map of the City of Aspen shall be, upon filing of the Final PUD/SP A Plans, amended by the Community Development Director to reflect the property, as described in Exhibit A, as included in the Public (PUB) Zone District with a Planned Unit Development (PUD) Overlay and a Specially Planned Area (SPA) Overlay: Section 2: Approved Proiect Dimensions All project dimensions shall be as reflected in the Final PUD/SPA Plans. The Final PUD/SP A Plans shall be substantially consistent with the May 22, 2006 design development drawings presented to City Council on June 26, 2006. Section 3: Sidewalk and Trail Closures Proper signage and barriers shall be used during periods of construction necessitating the closure of sidewalks and trail surrounding the Project. Section 4: Vested Ril!hts The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance ofa development order. No later than fourteen (14) 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 three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the City of Aspen Recycling Center located within Lot #1, Rio Grande Subdivision, by Ordinance No. _, Series of2006, of the Aspen City Council. Section 5: Final PUD and SPA Plans and Al!reement Ordinance No. _22_, Series of 2006. Page 4 Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Final PUD & SPA Development Plan containing the following: 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 architectura1 character plan demonstrating the general architectura1 character of the building with dimensions and depicting materials. 3. A drainage plan depicting roof and surface drainage and how it will be connected to the City's storm drainage system. 4. A lighting plan sheet shall not be required in the PUD/SPA Plans, but compliance with the City's Lighting Code shall be checked at the time of building permit review. 5. A PUD/SP A Agreement shall not be necessary as the property is owned by the City of Aspen and there is no need to bond the public improvements. Section 6: Buildinl! 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 understood. 2. A signed copy of the final Ordinance granting land use approval. 3. 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. 4. A construction management and parking plan meeting the specifications of the City Building Department. Section 7: 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. A gate shall not be included in the initial design. If safety or illegal dumping proves to be an issue, the addition of a gate can be approved by the Community Development Director as insubstantial PUD Amendment. Section 8: All material representations and commitments made by the developer pursuant to the development proposal approvals 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. Ordinance No. _22_, Series of 2006. Page 5 Section 9: 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 10: 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 11: 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 12: A public hearing on the Ordinance was held on the 26th day of June, 2006, 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 13: 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 26th day of June, 2006. Attest: Kathryn S. ch, C" Clerk elen FINALLY, adopted, passed and approved this~ day ofJ<w ,1f11k-. ~c OOen in d ru ayor Attes : Approved as to form: ~.n~ ~Worcester, City Attorney C:\home\ Visitor Center\Ordinance.doc Ordinance No. _22_, Series of 2006. Page 6