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HomeMy WebLinkAboutordinance.council.001-08~~~G~-1 Ordinance No. 1 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISION LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel No.2737-182-16-011 WHEREAS, the Community Development Department received an application from the Bert Bidwell Investment Corporation requesting three (3) Growth Management Review approvals and Subdivision to develop amixed-use building known as the Mountain Plaza Building located at 434 E. Cooper Avenue; and, WHEREAS, prior to applying for the Growth Management Reviews the Applicant received approvals from the Historic Preservation Commission for Conceptual Design Review, View Plane Review, and Commercial Design Review via Resolution No. 20, Series of 2007; and, WHEREAS, Pursuant to Section 26.470.120, staff reviewed the application and assigned a Community Objectives Score which is based upon developing the project at a Leeds Silver level and providing larger affordable housing units than required; and, WHEREAS, prior to applying for subdivision approval the Applicant received three Growth Management approvals and a recommendation of subdivision approval from the Planning and Zoning Commission for aMixed-Use Building which contains 10,585 sq. ft. of net leasable azea, three (3) free-market residential units totaling a Floor Area Ratio of .82:1 or 7,392 sq. ft, and individual net livable azea of 2,000 sq. ft. each, and three (3) affordable housing units with a total of 2,241 sq. ft. of net livable area via Resolution No.26, Series of 2007; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision request; and, WHEREAS, during a duly noticed public heazing on Mazch 24, 2008, the City Council continued the public heazing to April 14, 2008. On April 24`s, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, considered the development proposal under the applicable provisions of the Municipal Code as identified herein and continued the public heazing to May 12, 2008. On May 12ei, the City Council again opened Page 1 of 7 the public hearing and continued the hearing to May 28, 2008, due to the lack of email con•espondence being included in the staff memo; and WHEREAS, on May 28`h the City Council again opened the public hearing, took public testimony, and considered recommendations provided by staff and referral agencies, and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and adopted Ordinance No. 1, Series of 2008, approving with conditions, the Subdivision application; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves subdivision review for the development of a mixed-use building containing three free-mazket units totaling a Floor Area Ratio of .82:1 or 7,392 sq. ft., three affordable housing units containing a minimum of 2,241 sq. ft. of net livable area (two Category 2 units and one Category 4 unit), and a commercial component containing a maximum of 10,585 sq. fl. of net leasable area as shown in the floor plans of Exhibit F of the staff report dated January 29, 2008. All material representations including off-street pazking and the dimensional standards of the project included in the application and subsequent staff memos shall be incorporated into the materials for building permit application. Any final approvals granted by the Historic Preservation Commission for this nroiect shall include a condition specifyin tg he approved exterior building materials palette and prohibitin¢ the developer from changin¢ exterior materials with those that aze similar but of a lesser quality and cost. Section 2: Plat and Aereement The Applicant shall record a subdivision agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of this approval. The 180 days shall commence upon the granting of Final Design Review approval by the Historic Preservation Commission. The subdivision agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Buildine The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. Additionally, as represented in the growth management and subdivision application dated August 15, 2007, the Applicant will attain, at a minimum,, a Page 2 of 7 LEED Silver Certification by issuance of the Certificate of Occupancy or by such time as agreed to by the Chief Building Official. Section 4: Engineering The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A Stormwater System development fee shall be assessed at the time of building permit application. The construction management plan required as part of building permit application is a critical component of this redevelopment project as it is located adjacent to a pedestrian mall and public impacts shall be minimized. The Applicant shall follow Title 21 regazding encroachments associated with the construction. Any deviation from adopted requirements with regazd to encroachments shall require City Council approval. Regrading of the pedestrian mall may be necessary to achieve accessible access. Above ground utilities shall be located on the site and not within the public right-of--way. Section 5: Affordable Housing A. The affordable housing requirements of the project shall be met with provision of three units. The Applicant shall provide aone-bedroom, Category 2, 701 squaze feet unit; a studio, Category 2, 530 square feet unit; and atwo-bedroom, Category 4, 1,010 square feet unit as represented in their application. The Applicant shall designate one off-street pazkinQ space in the parkins sazase for each affordable housing unit. B. Rental units are allowed with the following conditions: 1) The units will be deed-restricted as Category 2 for the studio and one-bedroom units and Category 4 for the two-bedroom unit. 2) The deed-restriction will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems one of the units out of compliance over a period of more than one year. If any of the units aze found to be out of compliance for one year, or the owner elects to sell the units, all of the units would be listed for sale with the Housing Office as specified in the deed restriction at Category 2 for the studio and one- bedroom units and Category 4 for the two-bedroom unit maximum sales prices, based on the sales price stated in the Guidelines in effect at the time of recordation of the deed restriction, appreciated as stated in the deed restriction (3% or the Consumer Price Index, whichever is less), as of the date of the listing of the units. 3) Rental of the units shall be open to all qualified employees in Aspen and Pitkin County. The rental units shall be made available for occupancy throush the Aspen/Pitkin County Housins Authority' however, the HOA may maintain ownership of the units If in the future the rental units house on-site employees the units shall not be tied to employment. Page 3 of 7 4) The governing documents of the development shall be drafted to reflect the potential for the rental units to become ownership units; i.e., the Protective Covenants, By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-mazket/deed-restricted project, the assessments shall be determined based on the relative "actual value" provided by the Pitkin County's Assessor's office for the free-mazket component compared to the deed-restricted component. This language shall be required in the Covenants associated with the project. No changes to this restriction shall be allowed without the APCHA's approval. 5) As long as the units remain as rental units, APCHA or the applicant shall structure a deed restriction for the employee housing units only such that an undivided 1/10`s of 1 percent interest in the ownership of each of the employee units is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. 6) Language shall be provided in the Protective Covenants covering the units' assessments upon the units becoming "for sale" units. The assessments shall be based on the relative "actual value" provided by the Pitkin County Assessor's Office for the free-market units compazed to the deed-restricted units. This language shall be required in the approval and in the Covenants associated with the project and allow for the same voting privilege as the free-mazket residential units upon the units becoming "for sale" units. No changes to this restriction aze allowed without APCHA's approval. 7) The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. Section 6: Fire Mitieation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 7: Public Works The Applicant shall comply with the City of Aspen Water System Standards, 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. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. Oil and Grease interceptors (not traps) are required for all food processing establishments and shall be identified and Page 4 of 7 specified prior to building permit. Oil and sand separators are required for the parking gazage. Driveway entrance drains shall drain to drywells and elevator shaft drains must flow through o/s interceptor. Old service lines must be excavated and properly abandoned, to the extent required by the district. Below grade development may require installation of a pumping system. One tap is allowed; however shared service line agreements may be required. Where additional development produces flows that negatively impact the planned reserve capacity of the existing collection and treatment system, fees will be assessed. Section 9: Environmental Health The state of Colorado mandates specific mitigation requirements with regazd to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 10: Exterior Li2htin¢ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: School Lands Dedication and Impact Fees The Applicant shall pay the Pazk Development impact fee and the School Lands Dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: Parks A. A formal vegetation protection plan shall be required with building permit application. Tree Removal Permit is required for the removal of the Crabapple street trees. B. Excavation of materials, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic associated with construction is prohibited on Cooper Ave Mall, unless permitted under condition "E" within this section.. C. Utility connections located within the mall shall be coordinated and designed in a manner that does not encroach into the tree protection zones or disturb the surface of the mall. If a utility is located within the mall, it must be direct bore minimizing surface disturbance to the location of abandonment and new taps. Water taps and abandonments will not be approved within designated tree protection zones; no traditional excavation will be allowed in the mall for water or electric connections. D. If temporary construction access to the site is requested on Cooper Avenue Mall, a ROW permit is required for approval. Access will only be granted during the off season; all work within the Mall has to be done and completed during these times: Spring: Mazch 16`h till June ls` /Fall: Sept 15`s till Dec ls` E. Damage to mall brick or mall amenities will be the responsibility of the developer, replacement of brick will be done to COA standazds and require the developer to use the City's contractor for mall brick replacement. Page 5 of 7 F. New landscaping in the right of way located on Galena Street will be done to the Landscaping in the Right of Way standards. Parks is recommending Summit Ash, a species of Green Ash, planted on 20-foot centers throughout the entire strip. All trees will be planted with irrigation and a planting strip shall be installed using structural soils. The developer shall meet with the Pazks Depaztment to design the appropriate planting trench and spacing of the trees. Section 13: Vested Ri¢hts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 26, Series of 2006 and herein shall be vested for a period of three (3) yeazs 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: 434 E. Cooper Ave., City and Townsite of Aspen, CO, by Ordinance No. 1 Series of 2008, of the Aspen City Council. Section 14• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or 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 an authorized entity. Section 15• 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 16: 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. Page 6 of 7 Section 17: A public hearing on this ordinance shall be held on the 24~' day of Mazch, 2008, 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 shall be 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 28~' day of January, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2008. Attest: Kathryn S. Koch, City Clerk Approved as to form: City Attorney Michael C. Ireland, Mayor Page 7 of 7