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HomeMy WebLinkAboutordinance.council.018-04O~INANCE N0. i8 (SERIES OF 2004) AN ORDINANCE OF THE CITY COI~CiL OF THE CITY OFXSPEN APPROVING AN AMENDMENT TO THE FiNAL'LAND USE APPROVALS AND GRANTING A DEVELOPMENT O~ER FOR THE AMENDED OBg~MEYER PLACE COwoP PROJECT, ON LANDS DESCRIBED HEREIN IN THE VICINITY OF THE 500 AND i500 BLOCKS O~ EAST BLEEK'ER STREET,'CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLO~DO. WHEREAS, the Aspen City Council, pursuant to ordinance No 18. Series of 2003, granted final land use approval to the Obermeyer Place Subdivision and Planned Unit Development for the redevelopment of certain real property (hereinafter the "Project") owned by Obermeyer Place Holding Company, LLC and Klaus T. Obermeyer, George Murphy, Robert Zupancis (subsequently conveyed to the City of Aspen), Gailen Smith, Pitkin County, and the City of Aspen. and successors and assigns, for the purpose of providing service-oriented commercial space, surface and underground parking (for both public and private needs), free-market housing, deed restricted housing, pedestrian linkages between the river and the City core, and possible City and/or County government office space; and, WHEREAS, the Project includes all land between East Bl eeker Street and Rio Grande Place, all land bordering East Bleeker Street bet;veen Spring Street and Rio Grande Place, and portions of Rio Grande Park, more precisely described as: a tract of land in the East Aspen Townsite Addition, according to the plat thereof recorded as Document No 108453 of the records of Pitkin County, identified as Parcel No. 2737.073.24.003 according to the Pitkin County Assessor and known as 540 East Main Street, Gignoux-Lynch Subdivision Lots 1 and 2, Lots 6, 7, 8, and 9, Block 20, East Aspen Addition, Lots 6, 7, 8, and 9 Rio Grande Subdivision, a tract of land identified as Parcel No. 2737.073.00.040 according to the Pitkin County Assessor and known as'600 East Bleeker Street, a tract of land identified as Parcel No. 2737.073.00.041 according to the Pitkin County Assessor and known as 530 East Bleeker Street, that portion of East Bleeker Street right-of-way between Spring Street and Rio Grande Place, that portion of Rio Grande Park owned by the City of Aspen accommodating and affected by the Pitkin County recycling operation and snow melting facility, and that portion of Rio Grande Place right-of-way between and including its two intersections with East Bleeker Street, all located within the City of Aspen, Pitkin County, Colorado; and, WHEREAS, the Project's private property landowners were represented by their respective property owners and by Tim Belinski and Dwayne Romero of Obermeyer Redevelopment Company, John Cottle and Bob Schiller of Cottle Graybeal Yaw Architects. all of whom were authorized, conditionally concerning some property owners, to represent the private property interests and known collectively as the Obermeyer Design Team; and, WHEREAS, the Obermeyer Design Team' requested an amendment to the land use approval granted pursuant to Ordinance No. 18, Series of 2003,. for the purpose of Ordinance No. 18, Series of 2004. Page redesigning and certain elements of the Project to accommodate the departure of a significant potential leashold interest for planned medical office space; 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 evolve an iterative process considering input fi'om 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, WHEREAS, the Obermeyer Amendment COWOP Task Force Team was comprised of owners of subject properties, 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, a representative of the Aspen/Pitkin County Housing Authority Board, a representative of Pitkin County, a representative of the existing commercial tenants, 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 Obermeyer Amendment COWOP Task Force Team was approved by the City of Aspen City Council, pursuant to Resolution 44. Series of 2004, 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 amendment to the Project to reflect essential community goals and values, taking into consideration various opinions and expressed points-of-view from neighbors, current and potential tenants, land owners, citizens, and technical expert.ise from various professional staff of essential City, County; 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 xvould otherwise be required; and, WHEREAS. the Obermeyer COWOP Task Force Team met May 17, 2004, for approximately four hours to review the methods in which the Project should and could be amended and how such methods related to identified Project goals, objectives, and physical, financial, legal, and public policy issues and parameters important to the community and after debating these issues and hearing from members of the public in attendance recommended, by a twelve to two (12-2) vote, a preferred manner in which the Project should be amended; and WHEREAS, the amendment to the Project is of higher quality as a result of the Obermeyer Amendment COWOP Task Force Team review process and the thoughtful and interactive discussions than may have otherwise resulted if the amendment to the Project had not been reviewed as a COWOP application; and, WHEREAS, the amended Project is consistent with the Goals and Objectives of the 2000 Aspen Area Community Plan and consistent with the goals, objective, intent and spirit of the original Project approvals granted pursuant to Ordinance No. 18, Series of 2003; and. Ordinance No. 18, Series of 2004 Page 2 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 gendral public at a duly noticed public hearing; and, WHEREAS, the City of Aspen Community Development Director has reviewed the amended Project in consideration of the recommendations of the Obermeyer Amendment COWOP Task Force Team, the requirements of the land use code, and has recommended approval of all necessary land use approvals for granting a development order for the proposed amended Project including Final approval of a COWOP Land Use Review, Planned Unit Development (PUD) Amendment, and a Specially Planned Area (SPA) Amendment, and Final Growth Management approval for exemption, subject to conditions of approval as described herein; and, WHEREAS, the Aspen City Council has reviewed and considered the amended developmeht proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Obermeyer Amendment COWOP Task Force Team, the Community Development Director, 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; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OY THE CITY OF ASPEN, COLORADO as follows: The Obermeyer Amendment 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, Planned Unit Development (PUD) Amendment, Specially Planned Area (SPA) Amendment, and Final Growth Management approval for exemption, subject to conditions of approval as described herein. Section 1: Amended Proiect Dimensions Minimum Minimum Minimum Minimum Minimum Lot Size lot width front .yard side yard rear yard As represented on the Final PUD Plans Maximum site coverage Minimum distance between buildings Minimum percent open space Ordinance No. 18, Series of 2004. Page 3 No requirement Maximum height I 35 feet measured from existing grade depicted on Final PUD Plans with the following noted exceptions: Elevator enclosures and roof access hatches may extend up to 5 feet above 35 'feet if they are at least ten feet back fromthe main building face. Chimneys, exhaust flues, etc. may extend up to 10 feet above 35 feet if they are at least 10 feet back fi:om the main building face. Skylights, solar panels, water towers and mechanical equipment may extend up to 5' above 35' if they are at least 10 feet back fi:om the main building face. Stair enclosures required by code to access roofs may eXtend up to 10 feet above 35 feet if they are at leastl0 feet back from the main building face. Including amendments' to maximum building height approved by the City Planning and Zoning Commission pursuant to Resolution No. 6, Series of 2004. Trash access area As shown on .Final PUD Plans Minimum off-street parking spaces 196 total +/- 5 spaces according to final (allocated by use, includes spaces design of parking garage as depicted on designated for loading): Final PUD Plans. SCI and NC commercial uses 1.5 spaces/1000 square feet net leasable = 60 Affordable Residential 1 per unit = 22 Free-Market Residential 1 per unit = 22 City of Aspen 20 spaces Extra (unallocated) 72 +/- 5 spaces according to final design of parking garage as depicted on Final PUD Plans. Total Gross Enclosed Square Footage Not to exceed 265,000 square feet. (includes all parking, storage, mechanical, commercial, residential, circulations, etc.): Service Commercial Industrial Net Minimum of 37,212 square feet. Leasable Square Footage (includes nonconforming and conditional uses): Neighborhood Commercial Net LeaSable 2,665 square feet +/- 5%. Square Footage: Affordable Residential Units 22. Affbrdable Residential Bedrooms 25 minimum to 42 maximum. , Affordable Residential Square Footage 15,455 square feet, which may be increased (measured as net livable) by 10%. Plus associated garage-level storage and decks as shown on the Final PUD Plans. Free-Market Residential Units 22 Free-Market Residential Bedrooms Not to exceed 74. Free-Market Residential Square FOotage Not to exceed 58,150 square feet. Plus (measured as net livable) associated garage-level storage and decks as shown on the Final PUD Plans Ordinance No. 18. Series of 2004. Page 4 Section 2: Supplemental PUD Plan Recordation Within 180 days of issuance of a Certificate of Occupancy on the Project, a supplemental PUD plan shall be recorded showing the size and location of SCI business spaces, NC or SCI business spaces, and the size, location, and type of each non-conforming and conditional use located within the Project. Section 3: Amendments The amendments listed herein are the extent of the amendments to the Project: Amendment #1 Planning and Zoning Commission Amendment, P&Z Resolution No. 6, Series of 2004, related to the height of portions of certain buildings within the Project recoded as reception no. 495383. Amendment #2 - Administrative mnendment related to the use of the recycling facility, recorded as reception No. 495612. Amendment #3 - Administrative amendment related the timing of documents required to be approved by the City recorded as reception no. 498034. Amendment #4 - City Council Amendment, Ordinance No. 18, Series of 2004, related to the former medical office space as herein described. Section 4: All material representations and commitments made by the developer, conditionally by some property owners, pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Obermeyer Amendment COWOP Task Force Team, 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 5: 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 6: 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 7: 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. Ordinance No. 18. Series of 2004. Page 5 Section 8: A public hearing on the Ordinance ~vas held on the 14th day o£ June, 2004, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen COlOrad°, fifteen (15) days priOr t© 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 laTM, by the City Council of the City of Aspen on the 25th day of May, 2004. Attest: Kathryn S. I~'~i~h, City FINALLY, adopted, passed and approved this ILl. th day o~~ 2004. Attest: Approved as to form: ~ ~Vo~ester, City Attorney C:\home\ObermeyerCOWOP\COWO?#2\Amendment_Ordinance.doc Ordinance No. 18, Series of 2004. Page 6