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HomeMy WebLinkAboutordinance.council.006-98 ORDINANCE No. 6 (SERIES OF I99S) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A GMQS EXEMPTION AND SUBDIVISION APPROVAL, AND VESTED PROPERTY RIGHTS FOR THE TIPPLER TOWNHOMES, 535 DEAN STREET, A PARCEL OF LAND SITUATED IN LOTS L, M, AND N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS SUBDIVISION AND LOT 2, GANNON'S ENTRY IN THE NW 1/4 OF SECTION 18, TOWNSHIP 10 S., R. 84 W., OF THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. VatEREAS, The Community Development Department received an application from the Kettle Corporation (hereafter "Applicant"), for a GMQS Exemption, Subdivision, and Vested Property Rights status approval; and, WHEREAS, said application also included requests for four (4) Metro Area Residential Growth 'Management Quota System Allocations, and Special Review of Affordable Housing Off-Street Parking Requirements; and WHEREAS, pursuant to Section 26.88.040 of the Aspen Mtmieipal Code, the Planning and Zoning Commission shall make a recommendation to the City Council regarding requests for Subdivision approval; and, WHEREAS, City Council Resolution 16, Series of 1998 approved the Growth Management Commission's scoring of the Tippler Townhom6s' Growth Management Quota System application and awarded the project with four (4) metm area residential development allotments; WHEREAS, pursuant to Section 26.88.040 of the Aspen Municipal Code, City CoUncil shall either approve, approve with conditions or deny requests for Subdivision approval; and, WHEREAS, the Housing Office, City Engineering, Parks Department, Aspen Consolidated Sanitation District, Environmental Health Department and Community Development Department reviewed the proposals and recommended approval of each with conditions; and, WHEREAS, the above referenced application was legally noticed for a public hearing; and, WHEREAS, upon review and consideration of the application, agency and public comment thereon, and those applicable standards as contained in Chapter 26 of the Aspen Municipal Code, to wit, Section 26.88.040 (Subdivision Approval), during a public hearing on March 17, 1998, the Planning and Zoning Commission recommended approval of the Subdivision application; and WHEREAS, pursuant to Resolution 98- 6, the Planning and Zoning Commission further granted Special Review approval of the proposed parking plan for the affordable housing units; and WHEREAS, the Aspen City Council has reviewed and considered the Tippler Townhomes application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommendations and approvals as granted by the Planning and Zoning Commission in Resolution 98- .., and has taken and considered public comment at a public hearing; and Ordinance No. 6, Series of 1998 Page 2 WHEREAS, the City Council finds that the proposal complies with the requirements for granting a GMQS Exemption for the four (4) proposed affordable housing units pursuant to Section 26.100.050(C)(3)(b) of the Aspen Municipal Code; and, WHEREAS, the City Council finds the Tippler Townhomes application to be consistent with the minimum requirements and review standards for Subdivision approval pursuant to Section 26.88.040 of the Aspen Municipal Code provided the stipulated conditions of approval are met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.100.050(C)(3)(b) of the Aspen Municipal Code, the four (4) proposed affordable housing units of the Tippler Townhomes application are hereby granted an exemption from GMQS Scoring and Competition Procedures. These exempt units shall, however, be deducted from the "Affordable Housing" pool of annual development allotments established pursuant to Section 26.100,040 and from the metro area development ceilings established pursuant to Section 26,100.030. The Tippler Townhomes application for Subdivision is hereby approved with the following conditions: 1. Prior to the issuance of any building permits, the applicant shall provide the Environmental Health Department with: (a) documentation indicating that the Aspen Consolidated Sanitation District (ACSD) is capable of serving the development; (b) a letter of agreement from the City of Aspen Water Department indicating that they will serve the development; (c) a fireplace/woodstove permit; (d) a fugitive dust and erosion control plan which includes, but is not limited to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance; (e) documentation indicating that a qualified Engineering firm has reviewed the parking structure's ventilation system and found that it is adequate to prevent carbon monoxide from reaching high levels inside the facility or in the nearby areas outside of it; and, (f) documentation indicating that the Colorado Department of Health has reviewed and approved the proposed parking structure ventilation.system. 2. During construction, noise shall not exceed maximum permissible sound level standards, and construction shall not occur between the hours of 6 p.m. and 7 a.m. 3. Prior to the issuance of building permits, the proposed above~ground and underground parking arrangements shall be reviewed by the City Engineering Department, and revised as necessary to provide sufficient space (turning radii) to maneuver into and out of the parking spaces. 4. Prior to the issuance of building permits, the applicant shall provide the City Engineering Department with an acceptable plan/location for delivery and service vehicle access and parking. 5. Prior to the issuance of building permits, the applicant shall demonstrate to the City Water Department's satisfaction how the subject property presently receives water service in order to plan the service to the new development while maintaining service to the neighboring buildings. Ordinance No. 6, Series of 1998 Page 3 6. A dedicated mechanical space large enough for backflow prevention valves, individual water metering and vaiving for each of the proposed eight (8) units, a landscaping/irrigation system, and the fire sprinkler system is required; this space shall have separate access available to City Water Department and Fire Department personnel and will not be obstructed by vehicle parking, other equipment, or the need to pass through another room or space which could impede access by service personnel. 7. Water service lines and sanitary sewer lines shall be improved to present day standards for the existing structure in the event required by the City Engineer and for the newly constructed buildings. 8. The subdivision plat shall include explanatory notes fully describing the present status of the easements encumbering the property including notes and recording citations for easements which have been extinguished, abandoned or modified; the abutting subdivisions and lots will also~ be shown on the subdivision plat as required by the Municipal Code. 9. As determined to be necessary by the City Engineer, the existing sidewalks, curbs and gutters will be repaired or replaced prior to the issuance of an Certificates of Occupancy; any improvements or areas disturbed during construction will be restored to preconstruction condition or better; and, the existing light and sign post at the south side of the driveway onto South Galena Street will be removed. 10. The applicant shall dedicate Tract 3, a non-contiguous and undevelopable parcel fronting on S. Galena Street, triangular in shape and containing approximately 82 square feet, to the City as part of the subdivision dedications. I 1. The site development must meet the runoff design standards of the Land Use Code at Section 26.88.040(C)(4)(f), and the building permit application must include a drainage mitigation plan (full size - 24" x 36") and report, both signed and stamped by an engineer registered in the State of Colorado; the plan shall identify solutions acceptable to the City Engineer to mitigate the site- generated drainage flows; said drainage plan will also need to address the conveyance of the off-site drainage flows which may pass through the site from the base of the Aspen Mountain ski area on the eastern side and southeast corner of the property. 12. The property owner is required to join any future improvement districts formed for the purpose of constructing public improvements which benefit the property under an assessment formula; the agreement shall be executed and recorded concurrently with the recording of the subdivision plat. 13. Prior to the issuance of any Certificates of Occupancy, the building permit applicant will be ~ required to submit to the AspenJPitkin County Information Systems Department as-built drawings for the project, showing the property lines, building footprint, easements, encroachments, entry points for utilities entering the property boundaries and any other improvements; these drawings shall be provided in accordance with City GIS requirements. 14. If the proposed use, density or timing of the construction of the project change, or the site, parking or utility plans for this project change subsequent to this approval, a complete set of the revised plans shall be provided to the Engineering and Community Development Departments for review and re-evaluation. 15. Prior to the issuance of building permits, the developer shall submit a traffic and parking plan acceptable to the City Engineer, Parking and Transportation Departments, Streets Department, and Utilities Department. The plan shall describe traffic detouring, parking, and staging areas for the several stages of construction of the project. The developer shall be required to rent on-street parking spaces if, due to the construction activities, any such spaces will be temporarily impacted or unusable for public parking. These plans and permits will also need to be coordinated with the Rights-of-Way permit for the utility and street frontage work. 16. In the event required, the applicant must receive approval from: Ordinance No. 6, Series of 1998 Page 4 · The City Engineer for design of improvements, including landscaping, within public rights- of-way; · The Parks Department for vegetation species, tree removal, and/or public trail disturbances; · The Streets Department for mailboxes and street cuts; and, · The Community Development Department to Obtain permits for any work or development, including landscaping, within the public rights-of-way. 17. Prior to obtaining a building or demolition permit, the applicant must have the existing building tested for asbestos, and if any is present, it must be removed by a licensed asbestos abatement firm. It is recommended that testing be done well ahead of time so that, if removal is required, delays will not be experienced. 18. In the event required, a tree removal permit must be obtained from the Parks Department for any tree(s) that is/are to be removed or relocated; also, no excavation can occur within the dripline of the tree(s) to be preserved and no storage of fill material can occur within this/these dripline(s). 19. Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor lighting sources, and those fixtures set along walkways will be set at no more than twelve (12) inches above finished grade. 20. Prior to and on a proportional basis to the issuance of any building permits for the residential units, the applicant shall pay a cash fee in lieu of School Land Dedication to the City of Aspen. 21. The proposed plans for the common sanitary sewer service line to the development will need to be reviewed by the Aspen Consolidated Sanitation District line superintendent prior to building permit issuance; the subgrade parking area will be required to have a District-approved oil and sand ' separator installed; a shared service line agreement will need to be completed and approved by the ACSD Board;no clear water connections will be allowed to the public system; the flows collected by the trench drain to be installed in the driveway must be directed into the drywell or stormwater drainage system rather than the sanitary sewer system. 22. Staff of the Aspen/Pitkin County Housing Authority shall be permitted to visit and inspect the affordable housing units prior to the issuance of the Certificates of Occupancy. 23. Deed restrictions on the affordable units shall be recorded prior to building permit issuance. 24. The applicant will make the required Park Dedication Impact Fee payment, aS determined by the City Zoning Officer, prior to the issuance of a building permit for the project. 25. The applicant shall submit to the Community Development Department, all materials required to carry out a review of the proposed architecture against the Residential Design Standards in place at such time as the submittal is received. 26. All material representations made by the applicant in this application and during public hearings shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a Board/Commission having authority to do so. Section 3: Pursuant to Section 26.52.080 of the Aspen Municipal Code and C.R.S. 24-68-104(2), City Council does hereby grant the applicant Vested Property Rights status for the site specific development plan for the Tippler Townlmmes at 535 Dean Street as approved by Ordinance Number 6, Series of 1998, for a period of three (3) years from the date said Ordinance is signed with the following conditions: I. The fights granted by this site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in forfeiture of said vested property fights. Failure to properly record all plats and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. Ordinance No. 6, Series of 1998 Page 5 2. The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication provided for in Section 26.52,080(D) 3. Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested heroin. 5. The establishment heroin of a vested property right shall not preclude the application of ordinances or regulations which are general in natore and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, alectrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3: Pursuant 16 Section 26.Sf.080(D) of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: 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 6: A public hearing on the Ordinance shall be held on the 13th day of April, 1998 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which heating a public notice of the same shall be published once in a newspaper of g~neral 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 23rd day of March, 1998. Ordinance No. 6, Series of 1998 Page 6 ATTEST: ~C~ty Clerk APPROVED AS TO FORM: J~~rces~,~ity A omey FINALLY, adopted, passed and approved this ,~ day of dg']~-- ,1998. ATTEST: ' ": ~C'ty CI e:NhomeXmitchh\council\tipplord.doc