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Home My WebLink Aboutordinance.council.013-14 RECEPTION#: 611209, 06/18/2014 at 01:13:07 PM, 1 OF 11, R $61.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE NO. 13 (SERIES OF 2014) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AMENDMENTS TO ORDINANCE NO. 19 (SERIES OF 2012) THAT APPROVED THE PITKIN COUNTY LIBRARY TO CONSTRUCT A TWO STORY ADDITION TO THE EXISTING FACILITY, 120 N. MILL STREET, CITY OF ASPEN, COLORADO, LEGALLY DESCRIBED AS LOTS 2 AND 3 OF THE RIO GRANDE SUBDIVISION. Parcel IDs 273707306852 and 273707306853 WHEREAS, the Community Development Department received an application from the Pitkin County Library, represented by Snowden and Hopkins Architects, PC and Curtis and Associates requesting approval of ordinance amendments to Ordinance No. 19 (Series of 2012) that permitted the construction of a two story addition onto the east facade of the Pitkin County Library; and, WHEREAS, the Applicant requests of City Council changes to the 2012 ordinance to reflect the updated, modified addition currently proposed for the Pitkin County library; and, WHEREAS, the property is located in the Rio Grande Subdivision and is zoned Public (PUB) with an SPA Overlay; and, WHEREAS, the addition is proposed upon part of Lot 2 of the subdivision that is commonly known as Galena Plaza; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the ordinance amendments; and, WHEREAS, the 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 Community Development Director, the applicable referral agencies, and has taken and considered public comment May 27, 2014; 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 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 welfare. Page I of 4 NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the City Council hereby approves amendments to Ordinance No. 19 (Series 2012) as noted within this ordinance. Section 1: Amendments to Section 1, General Development Approvals Section 1 of Ordinance 19, General Development Approvals, is amended to read: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves of a Specially Planned Area (SPA) amendment to the Pitkin County Library SPA, and an Essential Public Facility Growth Management Review. The proposed addition shall comply with the schematic shown at the May 27, 2014 City Council meeting and consists of a one story addition that sits upon Lot 2, of the Rio Grande Subdivision and contains approximately 7,109 square feet of interior space. The approved dimensional standards of the project shall be recorded on the plat and reflect the schematic floor plans, square footages and elevations of Exhibit 1 of Ordinance No.13 (Series 2014). Section 2: Amendments to Section 2, Plat and Agreements Section 2 of Ordinance 19, Plat and Agreements, is amended to read: The Applicant shall record a SPA plat and agreement that meets the requirements of Land Use Code Chapter 26.440, Specially Planned Area, and Section 26.440.070, SPA agreement and recordation. City Council expressly permits the plat and agreements to be recorded within 180 days of approval of Ordinance No.13 (Series of 2014). In addition to the plats and agreement set forth above, the applicant shall enter into and record, the easement agreement adopted pursuant to Resolution #9, Series of 2014. Further, the applicant shall enter into and record, an Improvements/Construction Agreement and Operation agreement consistent with the terms and conditions as set forth in the easement agreement adopted pursuant to Resolution 99, Series of 2014. The Applicant may apply for a building permit prior to recordation of the SPA plat, SPA agreement, easement agreement, and Improvements/Construction Agreement but no building permit shall be issued prior to recording of the plat and agreements. Nothing contained in the easements or other agreements entered pursuant to this section shall be construed to limit or restrict the City's use, maintenance and development of the parking garage,the plaza or adjacent properties. Section 3: Amendments to Section 4, Affordable Housing Section 4 of Ordinance 19, Affordable Housing, is amended to read: In consideration of the Applicant's representation that there will be no new employees generated, the City Council shall require an employee audit be conducted one and three years after a Certificate of Page 2 of 4 Occupancy is issued. If employees are found to be generated, any employee mitigation shall be subject to the rules and regulations in effect at the time of the audit. Prior to issuance of a building permit, applicant shall submit baseline data on existing Full Time Equivalents (FTEs) at the library to the Aspen Pitkin County Housing Authority by providing a payroll report, approved by APCHA, showing the total number of hours worked by Pitkin County Library employees. Section 4: Amendments to Section 13, Vested Rights Section 13 of Ordinance 19, Vested Rights, is amended to read: The development approvals granted pursuant to this ordinance 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 property: Lots 2 and 3, Rio Grande Subdivision and commonly known as 120 N. Mill Street, City of Aspen, CO, by Ordinance No. 13 Series of 2014, of the Aspen City Council. Section 5: Amendments to Section 14, Exhibits. Section 14 of Ordinance 19, Exhibits, is amended to read: The exhibits listed below are appended hereto and are, by references made to them, incorporated into this Ordinance as if fully set forth herein. The exhibits associated with Ordinance No. 13 (Series of 2014) shall nullify and supersede and exhibits approved via Ordinance 19: • Exhibit 1 - Schematic elevations, square footages and floor plans • Exhibit 2 — Schematic easement Section 6• 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 7• 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 Page 3 of 4 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8• 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. 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 9• - - - - A public hearing on this ordinance shall be held on the 27th day of May, 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 was published 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 12th day of May, 2014. Attest: W�A(N nda Manning, City Cler Steve Ska rd-n—, Mayor FINALLY, adopted, passed and approved this 27th day of May,2014. Attest: I� inda Manning, City Cler Steve Skadr n,Mayor Approved as to form: mes R. True, City Attorney Page 4 of 4 14 Ti Building Heights TOWER ROOF:top of parapet(existing) 40':144'-0"(architectural( -�1}AIR SNAFT:top of cap 7 26' 130'-0"(arcndecf Lralj-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-' '- - - - - - - -'-•- - COMMUNITY ROOM ROOF:top of parapet 20 124'-0"(architectural)_._._.---------._._._._._._._._._._ ._._._._._._. GUARD RAIL:top of parapet 12'6':-I.16'-6l'"(ar4h itectural)._._._._._._._._.-.-._._._ CNiLDREN'S ROOM ROOF:top of parapet + 9'6 113'-6"(architectura _- _ - - - - -l) MEZZANINE LEVEL:top of slab(.Asti 8':112'.0"•(architectural) I \ / PLAZA ENTRY LEVELaop of slab 0°:7909'-0"(civil) East Elevation: Heights MAIN LEVEL:lop of slab(exisfirg) ____ N -4'7905'-0"(civil) 100'-0"(architectural) - 0 5 15 35 -4 ft Snowdon .. - 9 ge I I I I I I I ADOMON connuNirr o° LJLJ IM 0 6p- !JIM H i � a III �is sys ° g s� w.R+:•.�� 4� e�9�lg'i PROPOSEa NORTH ELEVATION • z O a mw O R. -e• 2 w z w — I - - �. 0— U o f LLI x o --- _ YQoz Z — --I_ _ _I a a Q --- - —� ° Al ITIONCwLDFMN ADOmoNENTRYI AWITIONlGOMKNITY .e LEGEND ooze NOTE: w PROPOSED "°° ��o°" o $ og 8.2 Schematic Design: Elevations EAST ELEVATION ,n� a� North and East Elevations A 3.1 V o` a � I 4 4 I I I I I I II , �roA I II a "w,rION�c� I I = � onranmrr •- r-� 9 p 0.a. s. awoe g A Ta 5LM r A -AVOi�ioncH��or�n -- - .-- ti�rro r gefi��, y--_ 7 �__—_ 7 f- _�__—__--Y—__ Imo- � �5'uM. raAwce�as.ra r $qq�e�'��g�9g9�9�,�� PROPOSED £!3€HIP,111 s�a .w.,b Z O nn � I I I I I I I Q I I I I I I Q Q J CO W A iv.nJe w Z O = U r o :oa� Z W x o YQ0z _i dada I I e� , LEGEND aso�w�E _ a. o PROPOSEIP �m NOTE: WEST ELEVATION Ega, r� o o ag South and West Elevations A 3.2 Pro osed main level floor plan tion \ st s ` 1 '�- community I ® ' ie� is music computers room m i lounge G 'entrance o i L children's 1 0 in Level N 0 6 76 35 Pro osed mezzanine level -------------- r ----------------- 1 I I 'I I I I w I �T� C1 , W I �rlr� �LIJLJLJ�i �iL 1Ln � . I I Irnr�n nnr LIJLJLJ L1LJL lounge 0 I I I I N• i lounge i e>�AB The following table identifies the existing library program compared with the proposed library program. Library Uses and Areas Existing (Sq.Feet) Pr4posed (Sq. Feet) Community Room 1,210 1,987 Meeting/ Collaboration Spaces 375 1,215 Study Areas ----- 582 Reading Lounges ----- 4,658 Children's 3,011 4,538 Teens 1,050 1,322 Computers 1,520 692 Content Makers Room ----- 406 Spanish Area ----- 436 Media/Music 3,645 1,127 Fiction 2,122 1,775 Non-Fiction 6,200 3,390 Periodicals 935 911 Staff 4,590 5,793 Booksale 115 64 Building and Support 6,930 9,489 Total Area of Building 31,576 38,386 The following table identifies the areas of the existing library compared with proposed additional areas, by level. Level Existing (Sq. Feet) Proposed (Sq. Feet) Lower Level 13,353 -299 Main Level 11,575 5,108 Mezzanine Level 6,193 2,001 Mezzanine Outdoor Deck ----- (1,627) Tower 455 ----- Total 31,576 6,810 EXHIBIT MAP OF: EASEMENT A, (CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B, (CONSTRUCTION ACCESS&ROOF MODIFICATION EASEMENT) SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO ._ 1 0 MILL STREET 9 CONDOS,PARCEL 2 w F_CEPTION NO 455433 0 z N75°09'11"W 21.97' WESTERLY BOUNDARY` OF LOT 2/EASTERLY WALL OF LIBRARY SUB-GRADE/WESTERLY GARAGE WALL LOT 3 1p RIO GRANDE m. SUBDIVISION w Lu RECEPTION NO. 362199 `ZD v ABOVE GRADE EXTERIOR BUILDING WALL Z EXISTING ELECTRIC TRANSFORMER POINT OF BEGINNING EASEMENT \ POINT OF BEGINNING EASEMENT B—' S7 _ GPS-6 GARMISCH& HOPKINS LOT 1. RIO GRANDE SUBDIVISION RECEPTION NO.362199 22.58' S75°12'04"E SOPRIS ENGINEERING-LLC COMMENCE ANY LEGALACTION BASED UPON ANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER �� YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THI5 SURVEY (970)704-0311 SOPRISENG @SOPRISENG.COM tJ0 NO 2811102/21/14 AJH 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG DATE OF CERTIFICATION SHOWN HEREON. ON 575°09'11"E 17.60' -- ILLL___iiil W 0 o �OZD m 0 u� �0zo LLmQ w v wa AFFWN75'12'04-t 15.66' 44.00' 'R -a Lu ul N75°0911 W 103.30' P.w K 86 ALLEY 0-w w GPS-5 & J G / 3"E_ HOPKI HOP- T ( ASIS OF BE RINGS GRAPHIC SCALE 40 0 20 40 (IN FEET) 1 inch= 40 ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING-LLC COMMENCE ANY LEGALACTION BASED UPON ANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THI5 SURVEY (970)704-0311 SOPRISENG @SOPRISENG.COM BE COMMENCED MORE THAN TEN YEARS FROM THE 2811102/21/14 AJH 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG DATE OF CERTIFICATION SHOWN HEREON. EXHIBIT MAP OF: EASEMENT A, (CONSTRUCTION/LIBRARY EXPANSION EASEMENT) EASEMENT B, (CONSTRUCTION ACCESS& ROOF MODIFICATION EASEMENT) SITUATED ON LOT 2,AMENDED RIO GRAND SUBDIVISION,SECTION 7,TOWNSHIP 10 SOUTH,RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 2 OF 2 EASEMENT A DESCRIPTION: (for the purpose of constructing an expansion of the existing Pitkin County Library facility) An easement situated on Lot 2,according to the Amended Plat of the Rio Grande Subdivision recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records,said easement located in Section 7,Township 10 South,Range 84 West of the 6th Principal Meridian,City of Aspen,County of Pitkin,State of Colorado;said easement being more particularly described as follows: Commencing at the Southwest corner of said Lot 2;thence N.14°46'31"E.along the Westerly boundary line of said Lot 2,a distance of 15.66 feet to the POINT OF BEGINNING;thence continuing along said Westerly boundary line N.14°46'31"E.,a distance of 125.43 feet to a point on the extension of the existing Library's Northerly exterior wall finished fa4ade;thence leaving said Westerly boundary S.75°12'04"E.along the extension of said Library's Northerly exterior wall finished facade,44.00 feet;thence leaving the extension of said Library's Northerly exterior wall finished fa4ade S.14°46'31"W.,125.43 feet to a point on the extension of the existing Library's Southerly exterior wall finished fa4ade;thence N.75°12'04"W.along said extension of the existing Library's Southerly exterior wall finished fa0de,a distance of 44.00 feet to the POINT OF BEGINNING. Containing 5,519 square feet or 0.127 acres,more or less. Said easement A being subject to an easement for the operation and maintenance of the existing Garage air vent as depicted on sheet one of this exhibit. EASEMENT B DESCRIPTION: (For the purpose of construction access and parking garage roof structural modification.) An easement situated on Lot 2,according to the Amended Plat of Rio Grande Subdivision as recorded on July 5, 2002 as reception number 469504 in the Pitkin County Records,said easement located in Section 7,Township 10 South,Range 84 West of the 6th Principal Meridian,City of Aspen,County of Pitkin,State of Colorado;said easement being more particularly described as follows: Commencing at the Southwest corner of said Lot 2,the POINT OF BEGINNING;thence along the Westerly boundary line of said Lot 2 N.14°46'31"E.,a distance of 15.66 feet to a point on the extension of the existing Library's Southerly exterior wall finished fa4ade;thence leaving said Westerly boundary line S.75°12'04"E.along the extension of said existing Library's Southerly exterior wall finished fa4ade,44.00 feet;thence leaving the extension of said existing Library's Southerly exterior wall finished fa4ade N.14°46'31"E.,59.30 feet;thence S.75°09'11"E.,a distance of 17.60 feet to a point being 61.6 feet offset Easterly of the Westerly boundary line of said LOT 2;Thence S.14°46'31"W.,parallel to said Westerly boundary line,a distance of 75 feet;thence N.75°09'11"W.,a distance of 61.60 feet to the POINT OF BEGINNING. Containing 2010 square feet or 0.046 acres,more or less. NOTICE:ACCORDING TO COLORADO LAW YOU MUST SOPRIS ENGINEERING- LLC COMMENCE ANY LEGALACTION BASED UPON ANY CIVIL CONSULTANTS DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER 502 MAIN STREET,SUITE A3 YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY CARBONDALE,COLORADO 81623 ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 704-0311 SOPRISENG @SOPRISENG.COM BE COMMENCED MORE THAN TEN YEARS FROM THE (970) DATE OF CERTIFICATION SHOWN HEREON. 2811102/21/14 AJH 11228-EXHIB-2011 LOT 2 AMENDED RIO GRAND.DWG Ad Name: 1 01 82726A LEGAL NOTICE ORDINANCE 13,2014 PUBLIC HEARING / 1 Customer: Aspen (LEGALS) City of Ordinance#13,Series of 2014 was adopted on first reading at the City Council meeting May 12,2014. Your account number: 1013028 This ordinance,if adopted,will approve amend- ments Ordinance Series of 2012 to reflect m the modified for addition for the Pitkin County Library. The public hearing on this ordinance is scheduled for May 27,2014 at 5:00 p.m.City Hall,130 South PROOF OF PUBLICATION Galen To see the entire text,go to the city's legal notice website hftp://www.aspenpitkin.com/Departments/Clerk/Le- gal-Notices/ IF you would like a copy FAXed or e-mailed to you, 21 :PIK IMI: call the city clerk's office,429-2687 Published in Aspen Times Weekly on May 8,2014 (10182726) STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General 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 �lorado'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 5/15/2014 and that the last publication of said notice was in the issue of said newspaper dated 5/15/2014. In witness whereof,I have here unto set my hand this 06/02/2014. Jim Morgan,Genera Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 06/02/2014. Pamela J. Schultz,Notary Public Commission expires:November 1,2015 'PAMELAJ. SCHULTZ ' CtP a