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HomeMy WebLinkAboutordinance.council.003-08ORDINANCE NO. 3 (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE ASPEN FIRE PROTECTION DISTRICT HEADQUARTERS STATION AND THE THRIFT SHOP COWOP PROJECT ON A PROPERTY OWNED BY THE CITY OF ASPEN, LOTS O, P, Q, AND, R, BLOCK 87, CITY AND TOWNSITE OF ASPEN AND 540 EAST MAIN STREET, A METES AND BOUNDS PARCEL, EAST ASPEN ADDITION, BLOCK 19 CITY OF ASPEN WHEREAS, the Aspen City Council, pursuant to Resolution 4, Series of 2006, determined eligible for the City's development for the Convenience and Welfaze of the Public (COWOP) review process the redevelopment of certain real property (hereinafter the "Project") owned by the Aspen Fire Protection District and the City of Aspen, and successors and assigns, for the purpose of providing a new and expanded Fire District Headquarters and Thrift Shop; and, WHEREAS, the Project includes the Fire Station Headquarters and the Thrift Shop. The City of Aspen owns the four lots and the Aspen Fire Protection District leases those lots from the City and owns the building. The Thrift Shop subleases from the Fire District and owns their own building; and, WHEREAS, the Project also includes 540 East Main Street (known as the Zupancis property) where a temporazy shelter for one first-due response fire engine will be located while the Headquarters Station is being redeveloped; and, WHEREAS, the Project's design development team was represented by Darryl Grob, the Fire District Chief, Nancy Gensch, Thrift Shop Board, Gilbert Sanchez and Joseph Spears of Studio B Architects, Leslie Lamont of Lamont Planning Services, Inc., Dick Fenton of Fenton Construction and John Kelleher an owner's representative; and, WHEREAS, the Fire District and the Thrift Shop, as a condition of their long term lease with the City of Aspen, seek final development approval from the City Council to construct and complete the Project subject to the COWOP process and the development approvals described herein; and, WHEREAS, the COWOP land use review process, Section 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 Section, to involve an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest assembled as a formal reviewing authority of the City of Aspen Task Force Team providing recommendations directly to City Council; and, Ordinance 3, 2008 Page 1 of 10 WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team was comprised of Thrift Shop and Fire District representatives, neighbors, representatives of the City of Aspen Community Development Department, representatives of the City of Aspen City Council, representatives of the City of Aspen Planning and Zoning Commission, representatives of the City of Aspen Historic Preservation Commission, representatives of emergency services of Pitkin County, 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. The composition of the Aspen Fire Station Redevelopment COWOP Task Force Team was approved by the City of Aspen City Council, pursuant to Resolution No. 4, Series of 2006, as amended by Resolution No. 99, Series of 2007; 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 neighbors, land owners, citizens, and technical expertise from various professional staff of essential City, County, and quasi- municipa] 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 Aspen Fire Station Redevelopment COWOP Task Force Team met five (5) times to consider the Project; to identify the goals, objectives, and physical, financial, legal, and public policy issues and parameters of the project; and, to guide the programming, planning, and design of the project on the following dates: January 12, 2006; January 19, 2006; January 26, 2006; February 23, 2006; and, December 18, 2007; and, WHEREAS, Aspen Fire Station Redevelopment COWOP Task Force Team meetings were open to the public. Notice of the meetings in 2006 and the meeting in 2007 were published in The Aspen Times newspaper. Meeting summaries were produced and adopted by the Task Force; and, WHEREAS, the Project design/development team met with the City of Aspen Historic Preservation Commission (HPC) five (5) times on the following dates: January 11, 2006, January 25, 2006, February 22, 2006, November 14, 2007, and January 23, 2008 to review the Project because the Headquarters is within the Commercial Core Historic District; and, WHEREAS, the HPC granted Final HPC approval to the Project at their January 23, 2008 meeting pursuant to Resolution No. 2, Series of 2008; and, WHEREAS, the HPC granted a waiver to exceed the maximum 60' length of continuous element/roof height to 76' for this project; and, Ordinance 3, 2008 Page 2 of 10 WHEREAS, on March 13, 2006 City Council reviewed the progress of the Aspen Fire Station Redevelopment COWOP Project during a duly noticed public hearing and unanimously endorsed the direction of the planning and recommendations of the Aspen Fire Station Redevelopment COWOP Task Force Team, pursuant to City Council Resolution 15, Series of 2006; and, WHEREAS, voters approved a bond issue election in May 2, 2006, to fund a two part Fire District improvement program of which redevelopment of the Headquarters is one part; and, WHEREAS, on December 3, 2007, the Aspen City Council approved a temporary use permit for a temporazy shelter for the first-due response fire engine at 540 East Main Street Pursuant to Resolution No. 99, Series of 2007 and City Council appointed new task force members to the Fire District COWOP Task Force Team; and, WHEREAS, redevelopment of the Fire Station Headquarters and the Thrift Shop will increase the square footage of each entity thereby enhancing their programs and operations and facilitate an overdue upgrade to the facilities; and, WHEREAS, the enhanced Headquarters will provide improved office space, a larger garage for the storage and maintenance of emergency vehicles, improved public space for community meetings and emergency management operations, and a museum for the display of Fire District memorabilia; and, WHEREAS, the Thrift Shop enhancements will increase the retail and display space and basement storage space, add offices and improve the drop-off and sorting azeas; and, WHEREAS, the Project is consistent with the Civic Center Master Plan which recommends improvements for both entities so they may continue their traditional contributions to the community in their historic locations which add to the civic presence within the community and the commercial core of Aspen; and, WHEREAS, the Project has benefited from the COWOP Task Force Team's dialogue regazding community goals that could be achieved by this community project. The inclusion of affordable housing, free-mazket housing, public parking, and City offices were items discussed by the Task Force and for critical reasons related to security, space and the lack of employee generation by the Fire Station and Thrift Shop expansions, all four were deemed unsuitable for this project; and, WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team determined that additional floors above the Fire Station and the Thrift Shop should not be designed or entitled as part of this project but the building shall be structurally designed and built to accommodate future floors when and if the organization(s) require more space for reasons to be determined as changed conditions in the community may dictate; Ordinance 3, 2008 Page 3 of 10 and any such future additions will be subject to a land use review process defined at the time of review in the future; and, WHEREAS, Aspen Fire Station Redevelopment COWOP Task Force Team agreed that 540 East Main Street was an appropriate location for a temporary shelter for an emergency response engine for the duration of the redevelopment of the Headquarters; and, WHEREAS, during a publicly noticed meeting of the Aspen Fire Station Redevelopment COWOP Task Force Team on December 18, 2007, the Task Force Team recommended, by a vote of fourteen to zero (14-0), that City Council approve the Project as it was represented during the December 18, 2007, meeting; and, WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team adopted a recommended motion to City Council related to 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 heazing; and, WHEREAS, the City of Aspen Community Development Director has reviewed the proposed development in consideration of the recommendations of the Aspen Fire Station Redevelopment 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, Final PUD Plan approval, Growth Management approval for an Essential Public Facility for the Project, a temporary shelter for a fire engine on 540 East Main Street, and vested rights; and, WHEREAS, during a duly noticed public heazing on March 11, 2008, the Aspen City Council reviewed the proposal and continued the public hearing until April 14, 2006; and WHEREAS, during a duly noticed public hearing on April 14, 2008, the Aspen City Council reviewed the proposal and continued the public hearing until April 28, 2008; 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 Aspen Fire Station Redevelopment COWOP Task Force Team, the Community Development Ordinance 3, 2008 Page 4 of 10 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 Aspen Area Community Plan and the recommendations of the Civic Master Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfaze; and, WHEREAS, the City Council finds that the first official community action for the Project will be a community celebration titled the "Wrecking Ball," sponsored by the Thrift Shop. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Aspen Fire Station Redevelopment 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, Final PUD Plan approval, Growth Management approval for an Essential Public Facility, the temporary use of 540 East Main Street, and vested rights subject to conditions of approval as described herein. Section 1• Aspen Fire Station Redevelopment COWOP Task Force Team Findin¢s The Aspen Fire Station COWOP Task Force Team recommends approval to the Aspen City Council for the redevelopment of the Fire Station and the Thrift Shop finding that: The redevelopment is consistent with the recommendations of the Civic Master Plan in that both entities will be expanded and will remain downtown thus preserving their civic presence within the community. 2. The COWOP Task Force supports the mass, scale and dimensions of the redevelopment as presented to the COWOP at their meeting on December 18, 2007 clazifying that the squaze footage of the Thrift Shop is net squaze footage. 3. The COWOP Task Force approves of the use program for the site and the gross squaze footages as presented to the COWOP at their meeting on December 18, 2007 recognizing that from design to construction squaze footage does shift slightly. 4. The redevelopment is compatible with the immediate neighborhood and the downtown area. Ordinance 3, 2008 Page 5 of 10 5. The COWOP Task Force approves of the design elements as described at the COWOP meeting of December 18, 2007. 6. The Aspen Fire Protection District is an essential public facility. The expansion of both the Fire Station and the Thrift shop will not generate additional employees. Both entities depend upon volunteers to support their organizations. 7. The COWOP Task Force approves of the use of the Zupancis property for the essential service of a temporary fire engine shelter from March 2008 to December of 2010. In the event that the Zupancis/Galena Site Plan development of the Zupancis property should begin before the end of the shelter's term, the City shall work with the Fire District to find an appropriate alternative site that would allow the relocation in a timely manner without compromising public safety. 8. The COWOP Task Force understands and endorses the potential future need for an additional floor on the Fire Station and/or Thrift Shop. In the current plan, the structure will be designed to support future development and the Fire District and/or Thrift Shop may seek additional land use approvals when a use program and design have been defined in the future, and according to land use requirements at that future time. 9. The design development team explored the opportunity to provide a basement under the truck bays in the Fire Station and presented to COWOP that it is not feasible. The COWOP supported that conclusion. 10. The first official action for the commencement of destruction of the Thrift Shop is "The Wrecking Ball," to which the COWOP task force is invited to attend. Section 2: Adoption of Findings The City Council hereby adopts the findings of the Fire Station Redevelopment COWOP Task Force, as listed in Section 1. Ordinance 3, 2008 Page 6 of 10 Section 3: Approved Project Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans, as follows: Per Final PUD Plan TOTAL: 22,98U sq. ft. Fire Station: 12,599 sq. ft. City/County IT Server: 600 sq. ft. Other Non-Program spaces: 6,402 sq. ft. 40' measured from existing grade depicted on Final PUD Plan with following exceptions: Hose and stair tower: 50' Elevator enclosure: 54' Roof access hatches, chimneys, exhaust flues, solaz panels, communication antennae and skylights may extend up to 10' above the roof elements on which they are located. 3 spaces on the Section 4: Temporary Use of 540 East Main Street The City of Aspen City Council hereby approves the temporazy use of 540 East Main Street (the former Zupancis property) for a shelter to house afirst-due fire engine while the Headquarters building is being reconstructed. During reconstruction all operations of the Fire District will be relocated to the recently completed North Forty fire station. However, in order to effectively respond to a call in Aspen, east of Castle Creek, it is important to station a vehicle in downtown Aspen. Many of the volunteers work in Aspen and arriving at 540 East Main Street to prepare for a call will ensure a timely response to an emergency in downtown and the immediate vicinity. A temporary use for the shelter was granted by Aspen City Council pursuant to Resolution 99, Series of 2007. However a temporary use is only permitted for a maximum of six months, with one additional six-month period, if approved. This Ordinance approves the use of 540 East Main Street for the duration of the reconstruction of the Fire Station Headquarters unless the Zupancis/Galena Site Plan development of the Zupancis property should begin before the end of the shelter's term. In that event the City shall work with the Fire District to find an appropriate alternative site that would allow the relocation in a timely manner without compromising public safety. The Aspen City Council hereby approves the Fire Station and Thrift Shop as Essential Public Facilities, pursuant to Section 26.470.040(D)3, finding that the proposed development is consistent with the Aspen Area Community Plan; that the expansions of these buildings will not generate new employees as both organizations operate with volunteers; that there is no free market residential or commercial component to this plan; and that the project generally adds to the overall capability of the public infrastructure. Section 6: Civic Center Master Plan The Aspen City Council finds that the proposed redevelopment of the Aspen Fire Protection District Headquarters and the Thrift Shop are consistent with the findings and recommendations of the Civic Master Plan; and, Ordinance 3, 2008 Page 7 of 10 Section 7: Final PUD Plans Within 90 days after final approval by City Council, the applicant shall record a Final PUD Development Plan. The Final PUD Plans shall include: 1. An illustrative site plan with dimensioned building locations. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department, this should include any movable planters/pots within pedestrian azeas. 3. Building elevations demonstrating the general architectural chazacter of the project, building materials, fenestration, projections, and dimensions and locations of elevator shaft head, skylights, mechanical equipment, etc. 4. A utility plan meeting the standazds of the City Engineer and City utility agencies. 5. Construction details for improvements to the public rights-of--way, including the alley. 6. A grading/drainage plan with any off-site improvements specified. Any off-site improvements shall be done in coordination with the City Engineering Department. 7. An exterior lighting plan meeting the requirements of Section 26.575.150. 8. A table summarizing dimensional standazds of the project. Section 8: PUD Agreement Within 90 days after final approval by City Council, the applicant shall record a 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: 1. Agreements with the City of Aspen, as described above, regazding: use of the 540 East Main Street property. 2. An estimated construction schedule with estimated schedules for construction affecting city streets. Section 9: Building Permit Submission and Issuance The Community Development Department shall accept and process a building permit application upon adoption of this ordinance and prior to recordation of the necessary plats and agreements. The Community Development Department shall expedite the permit and issue an Access Infrastructure and Demolition Permit in an expedited fashion. Section 10: 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 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. Ordinance 3, 2008 Page 8 of 10 4. A construction management and pazking plan meeting the specifications of the City Building Department. Section 11: Proiect Amendments Amendments to the Project within one year of the adoption of this ordinance shall be reviewed by the Community Development Department Director and, as applicable, the Historic Preservation Officer and Project Monitor. If, in the opinion of the Community Development Director, the amendment is substantial, the Community Development Director shall forwazd the request to the City Council for review and approval. Amendments to the project after this initial one-yeaz period, shall be reviewed according to the procedures and limitations of the Land Use Code. Sectionl2: Vested Itishts The development approvals granted herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the 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 vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properties: 420 East Hopkins Avenue, Lots O, P, Q and R, Block 87, City and Townsite of Aspen; and 540 E. Main Street, a metes and bounds pazcel, East Aspen Addition, Block 19, City of Aspen, by Ordinance No. 3, Series of 2008, of the Aspen City Council. Section 13: All material representations and commitments made by the Aspen Fire Protection District and Thrift Shop (the developer), pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Fire Station Redevelopment COWOP Task Force Team, or the Aspen City Council, aze 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 14: 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 15: Ordinance 3, 2008 Page 9 of 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 16: 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 17: A public heating on the Ordinance was held on the 28~' day of April, 2008, at 5:00 in the Rio Grande Meeting Room, 455 Rio Grande Place, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was made according to the requirements of Section 26.304.060E(3)b-c. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 ~' day of February, 2008. Attest ~ ~j~ -' l~~ ~-zc~ e~ Kathryn S. h, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 2~ day of , 2008. Atte t: ,~%/~j I °~j°~- Kathryn S. ch, City Clerk Approved as to form: /~~ ~ ~ ~/r9~~~ 3uh'r~City Attorney ~v8 Ordinance 3, 2008 Page 10 of 10