Loading...
HomeMy WebLinkAboutordinance.council.049-06~~ ORDINANCE N0. ~~ ,r,.. (SERIES OF 2006) ~ ~ ~, i ~ AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, A SUBDIVISION AND GROWTH MANAGEMENT REVIEW FOR MULTI-YEAR ALLOTMENTS FOR THE 307 S. SPRING STREET SUBDIVISION, LOTS D-I, BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-182-25-003 Parcel Na. 2737-182-25-004 WHEREAS, the Community Development Department received an application from 633 Spring II, LLC, represented by S[an Clauson Associates, Inc, requesting approval of Commercial Design Review, Growth Management Reviews, Multi-year Development Allotments, Condominiumization, and Subdivision to construct athree- story mixed use building on the properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and, WHEREAS, the subject property is zoned C-1 (Commercial); and, .WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial of the multi-year development allotments, finding that the current design and massing does not meet the ~,.,... standards for an exceptional project necessary to obtain multi-year development `- allotments; and, WHEREAS, during a duly noticed public hearing on November 7, 2006, the Planning and Zoning Commission approved Resolution No. 28, Series of 2006, by a three to zero (3-0) vote, approving with conditions, a Commercial Design Review, a Growth Management Review for Mixed-Use Development, a Growth Management Review for Free-Mazket Residential Units in a Mixed Use Development, a Growth Management Review for Affordable Housing, and recommending that City Council approve Multi-Year Development Allotments, and Subdivision for the development of athree-story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and, WHEREAS, on December l Is', 2006 the Aspen City Council approved Ordinance No. 41, Series 2006, on First Reading by a ~ to ^ (_-~ vote, approving with conditions the Subdivision and Condominiumization of 625 E. Main Street, Lots E, F, G, easterly 10 feet of Lot D, Block 98, City and Townsite of Aspen, CO; and, WHEREAS, during a duly noticed public hearing on January 22"d, 2007, the Aspen City Council approved Ordinance No. J Series 2006, by a _ to _ (___-___) vote, approving with conditions Multi-Year Development Allotments, and Subdivision for the development of a three-story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; 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 Ordinance No. _ Series 2006 Page 1 reviewed and considered the recommendation of the Planning and Zoning Commission, 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 standazds 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves Multi-Year Development Allotments and a Subdivision for the development of a three-story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen, subject to the conditions wntained herein. Section 2: Plat and Agreement Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Applicant shall record a subdivision agreement that meets the requirements of Land Use Coda Section 26.480, Subdivision, within 180 days of such ' approval. The Subdivision Agreement shall also include a wmmitment to satisfy all conditions of Planning and Zoning Commission Resolution Number 28, Series of 2006 as well as all conditions of this Ordinance. A final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction and prior to transfer of ownership of individual units within the project. Section 3: Building Permit AapGcation The building permit application shalt include the following: a. A copy of the final Ordinance and P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A tree removal permit as required by the City Pazks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. Ordinance No, _ Series 2006 Page 2 d. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed civil engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- yeaz storm frequency should be used in designing any drainage improvements. e. A final construction management plan pursuant to the requirements described in Section 6 ofthis ordinance. £ A fugitive dust control plan to be reviewed and approved by the Engineering Department. g. An excavation/stabilization plan prepazed by a licensed Engineer. h. Proof of energy efficiency requirement being placed on the property. Section 4: Dimensional Requirements The dimensional requirements approved for this development are as follows: 13~mensionafi: Fi•tipoSed .: Iiequiremeuf- _ Dimepsigaal! Re uiirements Minimum Lot Size 18,000 SF Minimum Lot Width 100 Feet Minimum Lot Area 1 Unit per 1,000 SF of Per Dwellin Unit Lot Area Minimum Front Adjacent to Hyman- 0 Yard Setback Feet Adjacent to Spring St: 0 Feet Minimum Side Yard 0 Feet Setback Minimum Rear Yazd 0 Feet Setback Maximum Heigh[ 42 Feet Allowable External Total- 2.58:1 FAR Commercial- 1.2:1 FM Mul[i-famil - .6:1 Minimum Off-Street 'total: 47 Spaces Parkin Pro osed On-site Open 10% (1,800 SF) Space/Pedestrian provided by paying Ameni cash-in-lieu Section $: (]pen SDBCe/Pedestrian Amenity The property is required to either provide open space satisfying the definition open space/pedestrian amenity equal to 10% of the property or pay cash-in-lieu thereof If Ordinance No. _ Series 2006 Page 3 -- providing cash-in-lieu, cash-in-lieu shall be provided in full based on the calculation '~, methodology set forth in Land Use Code Section 26.575.030, Pedestrian Amenity. Section 6: Construction Management A construction mazutgement plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan" handout that is available in the City of Aspen Building Department. The construction management plan shall include at a minimum, a construction pazking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction-related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construction to limit the impacts of construction. This agreement shall be prepazed by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regazding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed azeas (including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of adjacent right-of--ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of--way for construction purposes. The Applicant shall also provide phone contact information for on-site project management to address construction impacts to: The City of Aspen, the Victorian Squaze Condominiums, the owners of the Hannah Dustin Building, the Chateau Aspen Condominiums, and the owners of the Hunter Piaza Building. Section 7: Pre-Construction Meetin¢ The Applicant shall conduct apre-construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the constnrction drawings, the Community Development Engineer, a representative of the City Building Department, and the Community Development Department's case planner. Section 8: Fire Miti¢ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. r Ordinance No. _ Series 2006 Page 4 Section 9: Water Denartment Requirements ;~_ The Applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units, Each residential unit shall have an individual water meters. A single water service line penetration into the building shall be allowed. The Applicant shall abandon the existing water service line and excavate it prior to installation of a new water service line. Section 10: Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. The Applicant shall fund the replacement of 300 feet the main sewer line located in the alley adjacent to the project. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shalt be allowed. The driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed. No soil nails shall be allowed in the public right-of--way above ACSD main sewer lines. The Applicant shall enter into a shared service line agreement. Glycol and snowmelt shall have containment azeas approved by the Aspen Consolidated Sanitation District, Service lines being abandoned shall be abandoned from the main sewer line and excavated. Section 11: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed l,,r electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Duector shall review and approve the easement on the condominium plat. Section 12: Enerev Ef£cicncy The development shall exceed the 2006 International Energy Conservation Code (IECC) requirements for energy usage by 50%. An energy audit shall be conducted on the development at the property owner's expense after three (3) years of occupancy. The energy audit shall be conducted by an energy consultant selected by the City of Aspen Building Department. If the audit determines that the development does not exceed the 2006 IECC requirements for energy usage by 50% or more, then the building shall be upgraded to meet this requirement. Prior to the building's occupation, a the building shall be commissioned to determine the energy efficiency prior to use. This shall be conducted by an energy consultant selected by the City of Aspen Building Department and shall be conducted at the expense of the Applicant. Ordinance No. Series 2006 Page 5 Section 13: Growth Manat=ement Imalications and Emolovee Housine Mitieation `« The Applicant shall provide twelve (12) deed-restricted, two-bedroom affordable housing units, to fully mitigate for the 25.9 full time employees (F1'Es) required to be mitigated for. The affordable housing units shall also contain 13,960 square feet of floor azea as was proposed in the application. Section 14: Affordable Housine The Applicant shall record a deed restriction on each of the twelve (12) affordable housing units in conjunction with filing a condominium plat for the property and prior to issuance of a certificate of occupancy on the affordable housing units. Six (6) of the affordable housing units shall be Category 3 units and six (6) of the affordable housing units shall be Category 4 units. All of the affordable housing units shall be "for sale" units and sold through the APCHA lottery process. A sepazate Homeowner's Association shall be established for the affordable housing units. The affordable housing homeowners' association dues shall be a percentage of the free-market residential development's dues equal to the affordable housing's market value compared to that of the free-mazket residential component's market value in the complex. SeMion 15: Landscaoine The Applicant shall submit a detailed landscaping plan as part of the building permit application. This landscaping plan shall include a plan for right-of--way landscaping and irrigation. The plan shall also include a pazkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. Appropriate street tree plantings are required along all streets adjacent to the property and shall be spaced according to the recommendation of the City of Aspen Pazks Department. Section 16: Sidewalk. Curb, and Gutter Existing sidewalk, curb, and gutter adjacent to the project shall be replaced and upgraded to meet the City Engineer's design requirements. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the subdivision application. If the adjacent sidewalks are to be snowmelted, the Applicant shall also snowmelt the curb and gutter adjacent to the property. Section 17: Park Development Imnact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms and the commercial/office space to be added to the subject properties pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Pazk Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Section 18: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi-family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit issuance. Ordinance No. _ Series 2006 Page 6 Section 19: Imnact Fees All impact fees in effect at the time of building permit, as applicable, shall be paid prior to the issuance of a building permit. Section 20: Exterior Liehtin¢ All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Ouldoor Lighting. Section 21: Wildlife Trash Containers The Applicant shall install alddlife-proof trash container that meets the requirements of the Environmental Health Department. Section 22: Food Service Facilities Food service plans meeting the requirements of the City of Aspen Environmental Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License for any of the commercial space that is to be used as restaurant space. An oil and grease interceptor approved by the Aspen Consolidated Sanitation District shall be installed in any space that is to be used as'a restaurant. Section 23:Off-Street Parkins The Applicant shall provide forty-seven (47) sub-grade parking spaces to be accessed from the alleyway. The affordable housing units shall each have one (1) dedicated parking space in the below grade gazage. The remaining spaces shall be for use by the free-mazket units, and the commercial/office space. At no time shall the pazking structure or spaces be condominiumized other than to delineate ownership of pazking spaces for the owners of the residential units and commercial/office space within the subject building. Section 24: Development Timine The Applicant shall obtain a certificate of occupancy on all of the affordable housing units prior to obtaining a certificate of occupancy on any other part of the building. Section 25• 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 26: This resolution 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 27: Ordinance No. _ Series 2006 Page 7 Tf any section, subsection, sentence, clause, phrase, or portion of this resolution 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 14: Vested Riehts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 28, Series of 2006 and herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (l4) 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 boundazies 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: 307 S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen, by Ordinance No. _, Series of 2006, of the Aspen City Council. Section 18• A public hearing on the ordinance was held on the 13'" day of November, 2006, 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. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of December, 2006. Helen Kahn Klanderud, Mayor ATTEST: Kathryn S. Kach, City Clerk FINALLY, adopted, passed and approved this 11th day of December, 2006. Helen Kalin Klanderud, Mayor ATTEST: `~ Ordinance No. _ Series 2006 Page 8 r ~,: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney G:\cityUessica\Cases\Wienerstube\CounciHWienerslube first reading.doc e.- Ordinance No. _ Series 2006 Page 9