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Home My WebLink Aboutordinance.council.023-83 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 23 (Series of 1983) AN ORDINANCE RE ZONING THE APPROXIMATELY .622 ACRES OF LAND OWNED BY THE CITY OF ASPEN AND KNOWN AS THE "RUBEY PARK" PROPERTY TO "PUBLIC/SPA" FROM "PARK"; ADOPTING AN APPROVED PRECISE PLAN FOR THE SITE~ THE ELEMENTS OF WHICH PRECISE PLAN WILL CONSTITUTE THE DEVELOPMENT REGULATIONS FOR THE AREA AS PROVIDED FOR UNDER SECTION 24-7.2 OF THE ASPEN MUNICIPAL CODE; AND GRANTING GROWTH MANAGEMENT QUOTA EXEMPTIONS FOR PUBLIC USE SPACE AND EMPLOYEE HOUSING AND A WAIVER, AFTER SPECIAL REVIEW, OF A PARKING REQUIREMENT FOR THE EMPLOYEE HOUSING UNIT WHEREAS, the 1973 Voorhees Regional Transportation Plan iden- tified Rubey Park as the location for Aspen's transit center and for skier staging operations, and WHEREAS, a public meetin9 was held on July 20, 1981, with representatives of the Aspen business and resort services com- munity in attendance, to discuss the desirability of developing a visitor/information/transportation center at Rubey Park, with very positive reaction from those in attendance, and WHEREAS, a conceptual development proposal for a visitor/ information/transportation center was prepared and presented to City Council at a public meeting on May 10, 1982, resulting in the adoption of the following motions: 1. Motion to approve the implementation recommendation, authorize the City Manager to prepare a "request-for-development- proposal" from the criteria outlined herein, and to actively soli- cit participation from interested investors including the Hodge- Oliver Company; 2. Motion to instruct the City Attorney to prepare a ballot question for public referendum concerning restrictions on "sale or exchange of real property" under Section 13.4 of the City Char- ter; 3. Motion to sponsor a Council initiative to designate the Rubey Park parcel SPA; RECORD OF PROCEEDINGS 100 Leaves and WHEREAS, a development proposal was prepared and awarded a development allotment for 5,810 square feet of coF~ercial space through the 1982 Commercial GMP competition, and WHEREAS, certain public uses deemed essential to the effi- cient operation of the visitor transit center may be exempted from Growth Management competition per Section 24-11.2(e) of the Muni- cipal Code as amended by Ordinance 53, Series of 1982, and WHEREAS, the Aspen Planning and Zoning Commission held a pub- lic hearing on April 5, 1983, at which time it did consider appli- cations requesting the rezoning and adoption of a precise plan for a visitor/transportation center to be located at Rubey Park, and WHEREAS, the proposal to rezone was found to be compatible with surrounding zone districts and land use in the vicinity of the site, and WHEREAS, the Aspen Planning and Zoning Commission subse- quently approved Resolution No. 83-3 recommending to the Aspen City Council the rezoning of Rubey Park from "Park" to Public/ SPA", adoption of the precise development plan, exemption from Growth Management competition for the 9,070 square feet of public space and one 850 square foot employee unit, and exemption from the requirement for parking for the employee unit, and WHEREAS, the site design as finally approved will represent the precise plan for development of the parcel and will set the area and bulk requirements, and WHEREAS, the exemption from Growth Management competition for the public space is based on the representation that said space will be available for public purposes only at below market rates (with the exception of the food service operation) and of nominal cost to the City, and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the uses in the public space will be limited to those with a recreational, cultural, educational, governmental, quasi-governmental orientation, and serve a civic or resort ser- vices purpose, and WHEREAS, the City Council has reviewed the proposed Precise Plan presented and wishes to approve the same as provided for under Section 24-7.2 of the Aspen Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby rezone approximately .622 acres known as "Rubey Park" from "P" (Park) to "Pub/SPA" (Public/Specially Planned Area) with "T/D" (Transportation and Drainage) Overlays, according to the Precise Plan for Specially Planned Area (SPA), a copy of which is attached hereto as Exhibit "A" and incorporated by this reference. The area rezoned is more specifically described as: Lots K, L, M, N, O, P, Q, R and S Block 90 Original Aspen Townsite All development in the above-described area shall be in conform- ance with the elements of the Precise Plan, and the definitional, regulatory and other general provisions of Chapters 20 and 24 of the Aspen Municipal Code shall, when not in conflict with the approved plan, continue with equal force and effect within such area. Subsequent to the effective date of this ordinance, a copy of this approved Precise Plan shall be recorded in the Office of the Pitkin County Clerk and Recorder and remain of public record; and constitute the development regulations applicable to the Specially Planned Area (SPA) unless and until amended by authority of the City of Aspen. RECORD OF PROCEEDINGS 100 Leaves Section 2 That Section 24-2.2 of the Municipal Code, entitled "Zoning District Map" be and hereby is amended to reflect the rezoning described in Section 1 and that the City Clerk is authorized and directed to amend the official zoning map in her custody to reflect the rezoning described in Section 1. Section 3 That it does hereby grant exemptions from the Growth Manage- ment Quota System for the following: 1. The 9,070 square feet of public space designated on Exhibit "A" as being an essential governmental project (including the accessory use area of limited food service). 2. The 850 square foot "moderate income" deed-restricted employee housing unit with a waiver, after special review, of a requirement for parking for the unit. Section 4 That permitted and conditional uses be incorporated into the Precise Plan as follows: Permitted Uses a. Public building for administration of transportation services limited to the following and similar uses: mass transit service, bus charter and package service, cab and limousine phones. b. Public building for administration of winter and summer resort services limited to the following and similar uses: box office, better business bureau, booking agency, convention bureau, central reservations agency, chamber of commerce, entertainment bureau, expedition and guide services~ educational services, nor- dic or alpine ski operator, resort association, tourist informa- tion bureau, ticketing and weather information service. c. Food service limited to the following and similar uses: snack bar, tearoom, coffee shop or cafe. RECORD OF PROCEEDINGS 100 Leaves d. Retail commercial establishments limited to the follow- ing and similar uses: air travel ticket agency, airline company, air express, air package service, air charter, art gallery, auto club, bicycle rental, bookstore, camera shop, drug store, florist shop, stationery store, coin vending and lockers, travel agent, tour operator. e. Business office, financial institution. f. Storage of materials accessory to any of the above listed uses provided all such storage is located within the struc- ture. Conditional Uses Trade association. Operations that may be "commercial" or "public (i.e. being part of an essential governmental project)", depending on details of operation, may apply for a conditional use permit to be included in the Public space. Section 5 That area and bulk requirements for the site are determined by the Precise Plan for SPA (Exhibit "A") as amended to include for the provision of on-site drywells for the detention of storm drainage and the redesign of landscaping in the alleyway and Mill Street Mall area to assure passage of delivery and service vehi- cles and an adequate staging area. Section 6 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. RECORD OF PROCEEDINGS 100 Leaves SeCtion 7 A public hearing on the ordinance shall be held on the /5 day of ~ , 1983, at 5:00 P.M. in c the City ouncil Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once 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 /~-~ay of ~ , 1983. Herman Edel, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved on this day of , 1983. Herman Edel, Mayor ATTEST: Kathryn S. Koch, City Clerk