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HomeMy WebLinkAboutresolution.council.020-01 RESOLUTION NO. 20 (SERIES OF 2001) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING OF A CONCEPTUAL PLANNED UNIT DEVELOPMENT FOR THE BARBEE PARCEL, PARKING LOT PARCEL, AND MINE DUMP APARTMENTS PARCEL, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-131-130-01 Parcel ID: 2735-131-140-03 Parcel ID: 2735-131-230-01 WHEREAS, the Community Development Department received an application from Savanah Limited Partnership, owner, represented by John Sarpa and Sunny Varm, for rezoning to Lodge/Tourist Residential (L/TR) with a Planned Unit Development Overlay, and Conceptual Planned Unit Development approval for 17 affordable housing units and 14 free market units on three parcels described as Parcel 1: Block 6 of the Eames Addition to the City and Townsite of Aspen, Parcel Identification No. 2735-131-130-01; Parcel 2: Lots 7 through 12, Block 11, Eames Addition, Parcel Identification No. 735-131-140-03; and Parcel 3: Lots 13 through 20, Block 1 I, Eames Addition, Parcel Identification No. 2735-131-230-01; and, WHEREAS, the subject property is a combined 104,708 square feet, or 2.4 acres, and is split zoned, including the L/TR, Moderate Density Residential (R-15), and PUD and Lodge Overlay Zone Districts; and, WHEREAS, pursuant to Section 26.445, the City Council may approve a Conceptual Planned Unit Development, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public heating, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the AsperVPitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on January 16, 2001, the Planning and Zoning Conunission approved this resolution, by a four to zero (4-0) vote, recommending City Council approve the rezo~fing and Conceptual PUD with conditions; and, WHEREAS, the AspergPitkin County Housing Authority on November 15, 2000, voted unanimously to recommend City Council approve the Conceptual PUD with conditions; and, WltEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein on April 9th, 2001, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing and approved this resolution, by a five to zero (5-0) vote and, WHEREAS, 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, WltEREAS, City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL as follows: Section 1 The Savanah Limited Partnership Conceptual Planned Unit Development for the Barbee, Parking Lot, and Mine Dumps Apartments parcel is approved with the following conditions: 1. The Applicant shall provide a form of mitigation approved by the City of Aspen for increased traffic on South Aspen Street, causing a revocation of the road's 15- year pavement warranty. 2. The Final Application shall include detailed utility, landscape, long-term hazard mitigation, PM10 mitigation, and drainage plans: 3. The landscape plan shall indicate that the native areas will be treated with the Parks Department's recommended seed mix. 4. The buildings shall include an adequate fire sprinkler system and alarm system, approved by the Aspen Fire Marshall. 5. The Aspen Fire Marshal shall approve emergency access to all buildings and parcels within the PUD, including the parking structure. 6. No excavation or storage of dirt or material shall occur within tree driplines or outside of the approved building envelope and access envelope. 7. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unless specifically approved by the Director of the Streets Department. 8. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 9. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. 11. The Applicant shall obtain a tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. 12. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement: 13. The Applicant or owner shall mitigate any public impacts that this project causes, including but not limited to utility expenses and sanitary sewer and water lines. 14. The maintenance of the alley between Parcels 2 and 3 shall be maintained by the owner. 15. A variety of categories shall be represented in the affordable housing mix. 16. The affordable housing units Shall meet the minimum size requirements set forth in Part VII, Section 8 of the Affordable Housing Guidelines. The minimum square footage for a Category 2, 1-bedroom unit is 600, while the minimum square footage for a Category 2, 3-bedroom unit is 1,000, 17. That the applicant shall be required to obtain flood, insurance for all of the structures based on the building's proposed orientation to the side of Aspen Mountain and the identification of potential flood zones. 18. The Final PUD should be based on a proposed rezoning to the L/TR with a PUD overlay. If the rezoning is not approved as part of the Final application, this PUD shall be rendered null and void. 19. If the units are rental, the following conditions shall apply: a. The deed restrictions on the 17 affordable housing units shall be in perpetuity to the rental price terms as defined in the Asper~Pitldn County Affordable Housing Guidelines in effect at the time of Final Plan approval of this proposed application. b. The unit rental prices shall be no greater than allowed under the Affordable Housing Guidelines that are in affect at the time of Final Plan Approval. c. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. d. The ownership interest in the 17 affordable housing units conveyed to the Aspen/Pitkin County Housing Authority shall be in their entirety (not 1/10 of one-percent). However, Savannah Limited Partnerskip shall maintain control of the operations and finances of the affordable housing units. The 1/10 of one-percent ownership interest may be allowed if approved by the City Attorney. e. The applicant shall ensure that the Mine Dump Apartment residents who are displaced,at the time of Final Plan approval are granted first priority through an internal lottery of both the rental and/or sale units at the time of initial rental and sale of the deed restricted, affordable housing units. 20. That the building and roofline of the five "Free Market!' .residential units constructed on Lot .1 immediately south of Loft One Condominiums shall be lowered three (3) feet from the elevations (Sheet A3.1) shown to City Council during the March 26th, 2001 public hearing, (This condition was initiated by the Lift One Condominium Association represented by Doug Allen.) 21. That the profile / elevations of the five "Free Market" residential units constructed on Lot 1 immediately south of Lift One Condominiums shall be that shown on the drawings and planS presented to the City Council on April 9th, 2001 during the conceptual PUD public hearing, Those plans (specifically, (Sheet A3,1)) are dated April 6, 2001. 22. That the chimneys and the first two levels of the north side of the five "Free Marker' residential units constructed on Lot I immediately south of Lift One Condominiums shall be faced with stone. 23. That the trash enclosure on Lot 1 shall be placed at the most northeasterly comer of Lot 1. Such enclosure shall be designed and constructed in such a manner as to be an architectural "entry" feature of the site plan in this conceptual PUD from South Aspen Street. The materials of the enclosure shall consist of some stone veneer and the remainder of the siding and roof shall be the same as the five "Free Market" residential units constructed on Lot 1 immediately south of Lift One Condominiums. The doors on the trash enclosure shall face south. 24. That the applicant (Savannah) shall work with the Lift One Condominium Association to develop a landscape plan for the northerly portion of Lot 1 that is reasonably satisfactory to both Savannah and the Lift One Condominium Association, both parties understanding that the area for such landscaping is somewhat limited in size. 25. That there shall be no parking of vehicles on the paved area north of the five "Free Market" residential traits constructed on Lot 1 immediately south of Lift One Condominiums. That paved area shall be reserved for access only to the garages for said units. 26. That the applicant restudy the entrance to the sub-grade garage on Parcel 2 prior to returning to the Planning and Zoning Commission and City Council for the Final PUD review. Specifically, the applicant shall relocate the current entrance further east on the parcel so that it is not located below the AH Units to the western portion of the lot. 27. That the applicant shall request the necessary amendments to the underlying L/TR zone district specifically regarding the density requirement (minimum lot area per bedroom) for Lot 2. This can be done in the Final PUD application. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating 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 3: This Resolution shall not effect any exist'rog 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 4: If 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. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor FINALLY, adopted, passed and approved this 9th day of April, 2001. Attest: Kathryn S.tKoch, City Clerk Approved as to form: John ~Vor~-~stor, City Attorney E:\home~nickl~Active Cases\Savanah\CC Resolution.doe 'APR ~0 2001 ,4P~ ~0 ZOO1