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HomeMy WebLinkAboutordinance.council.010-98 ORDINANCE N0. 10 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING CONCEPTUAL AND FINAL SPECIALLY PLANNED AREA (SPA) APPROVAL, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION AND SCORING PROCEDURES FOR AN EXPANSION OF AN ESSENTIAL PUBLIC FACILITY AND DEVELOPMENT OF - ONE AFFORDABLE HOUSING UNIT, APPROVAL OF THE METHOD IN VfflICH AFFORDABLE HOUSING IS TO BE PROVIDED, AND VESTED PROPERTY RIGHTS FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT FACILITY, 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID No. 2737-073-00-854 WHEREAS, The Aspen Consolidated Sanitation District (ACSD or applicant) submitted an application (development proposal) to the Commtmity Development Department for the development of approximately 8,100 additional square feet for offices, general employee areas, the storage and maintenance of equipment, and an on-site employee dwelling unit at the ACSD offices, 565 North Mill Street; and, WHEREAS, the applicant has requested a combined Conceptual and Final Specially Planned Area (SPA) approval, exemption from the Growth Management Quota System for essential public facilities and one affordable housing unit, approval of the method in which housing is proposed to be provided, Conditional Use approvals from affordable housing and maintenance facility, a waiver of the "Residential Design Standards," Stream Margin Review, and Special Review to establish the parking requirements; and, WHEREAS, the Community Development Department, the Housing Authority, the City Engineer, the Fire Marshal, the Environmental Health Deparh~nent, and the Building Department reviewed the development proposal in accordance with all applicable procedure and review criteria set forth in Sections 26.28, 26.52, 26.56, 26.58, 26.60 26.64, 26.68, 26.80, and 26.100, of the Municipal Code; and, WHEREAS, the Planning and Zoning Commission may approve applications for Conditional Use, Special Review, waivers of the "Residential Design Standards," and Stream Margin Review and may recommend City Council approve Specially Planned Areas (SPA) pursuant to Sections 26.52, 26.58, 26.60, 26.64, 26.68, and 26.80, and approved said requests and recommended said actions, by a 6-0 vote, pursuant to said Sections at a duly noticed public hearing on April 7, 1998; and, WHEREAS, the Growth Management Commission may recommend City Council exempt essential public facilities and affordable housing from the Growth Management Quota System pursuant to Sections 26.52 and 26.100, and recommended said action, by a 11-0 vote, pursuant to said sections at a duly noticed public hearing on April 7, 1998; and Ordinance No. I0, Series 1998 Pige 1 WItEREAiS, the Aspen City Council may approve combined Conceptual and Final Specially Planned Areas, may exempt from the Growth Management Quota System essential public facilities and affordable housing, and may approve the method in which an applicant proposes to supply affordable housing pursuant to Sections 26.52, 26.80, and 26.100 of the Municipal Code of the City of Aspen, and the Aspen City Council reviewed and considered the development proposal pursuant to said sections, reviewed and considered those recommendations and approvals as granted by the Community Development Department, Referral Agencies, the Growth Management Commission, and the Planning and Zoning Commission, and has taken and considered public comment at a public heating held May 26, 1998; 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 WItEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: That it does hereby grant to the Aspen Consolidated Sanitation District Conceptual and Final Specially Planned Area (SPA) approval for the development of office space, general employee areas, maintenance areas, and one affordable housing unit, an exemption from 'the scoring and competition procedures of the Growth Management Quota System the essential public facilities and one affordable housing unit, and approval of the meth6d in which the affordable housing is proposed to be provided for the subject parcel, the Aspen Consolidated Sanitation District, 565 North Mill Street, City of Aspen parcel number 2737-073-00-854, with the conditions of approval delineated in Section 3 below. Section 2: The SPA overlay designation shall be applied to the entire subject property. The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby mended to reflect the designation. Section 3: Conditions of Approval: 1. Prior to issuance of a Certificate of Occupancy, a final plat shall be reviewed approved and recorded. This plat shall conform to all relevant plat requirement of the City Engineer and shall include final drawings depicting the site plan, landscape plan, utility plan, and building elevations. In addition, this plat shall depict the following: all locations of as-built utilities and easements, as-built locations of all structures, an access easement and recordation number for access to the property, the top-of- slope as designated on the landscape plan, building envelopes following approximately the proposed Ordinance No. 10, Series 1998 Page 2 "SPA" boundary, a note stating "only native vegetation below the top-of-slope," note(s) identifying "riparian areas," a note stating "the zoning for this property is Public-Specially Planned Area (PUB- SPA)." 2. The applicant shall enter into a "SPA Agreement" with the City of Aspen binding the entire property to the conditions of approval and such information provided in the final plat. This SPA Agreement shall be recorded prior to issuance of a Certificate of Occupancy. The SPA designation upon the entire site shall be reflected upon the Official Zone District Map of the City of Aspen. 3. Prior to issuance of a Building Permit, the applicant shall submit GIS data including property lines, building footprints, easements, utility placements (existing and proposed), and encroachmerits. Prior - to issuance of a Certificate of Occupancy, the applicant shall update any changes to this information to reflect the information recorded in the final plat. 4. Prior to issuance of a building permit, the applicant shall submit a drainage plan for approval. The applicant shall retain drainage on-site during and after construction. All on-site drainage, surface run- off, and groundwater are prohibited from the public sewer. Oil and sand interceptors shall be installed for the wash bays and must be covered with a roof structure if they are served by the public sewer. 5. Pri~rt~issuance~faCerti~~ate~f~ccupancy~theapp~icantsha~~~~mp~etea~~uti~ityimpr~vements and record the associated easements. These easements shall be reflected on the final plat. 6. The applicant shall provide a 3 bedroom affordable housing unit on-site deed restricted to CategOry 3 price guidelines. As long as an occupant is an employee of ACSD, there shall be no restriction regarding assets or income. ACSD shall retain the right to select the occupant. Prior to issuance of a Building Permit, the applicant shall record the appropriate deed restriction with the Housing Authority. 7. Prior to issuance of a Certificate of Occupancy for the housing unit, the applicant shall have the unit inspected to the satisfaction of the Housing Authority. Prior to issuance of a Certificate of Occupancy for the office and maintenance portions of the building, the applicant shall obtain a Certificate of Occupancy for the housing unit. 8.. Prior to issuance of a building permit, the applicant shall gain approval from the Environmental Health Department for a PM 10 mitigation plan. Any mitigation measures proposed to offset increases in PM 10 shall be completed prior to issuance of a Certificate of Occupancy. 9. Pri~>r to issuance of a building permit, the applicant shall submit a fugitive dust control plan including, but not limited to, fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads, speed limits, and Other measures necessary to limit dust. 10. Any asbestos abatement measures shall be performed by a licensed asbestos removal company. 11. The applicant shall obey the City's Noise Ordinance which prohibits construction from the hours of 10 p.m. to 7 a.m. The applicant is encouraged to limit outdoor mechanical activity after 7 p.m. The applicant is encouraged to address the concerns of neighbors by further limiting these hours and nature of activity, within reason. 12. Any areas on-site where a vehicle or equipment will idle must have adequate ventilation. If the ventilation is internal, the system must be designed by a Registered Professional Engineer. 13. Prior to issuance of a building permit, the applicant shall obtain approval from the City Fire Marshall for specific requirements associated with the storage of hazardous materials, sprinkling, and alarm Ordinance No. 10, Series 1998 Page 3 systems. The proposed addition shall have a fire suppression system. The applicant is encouraged to also sprinkle the existing portions of the building. 14. The applicant shall conform to all current building code requirements for the City of Aspen. This includes, but is not limited to, the Aspen/Pitkin County Energy Code. 15. The applicant is encouraged to use earth tone exterior colors and a non-reflective roof material. 16. Outdoor lighting shall be downcast and shall be used to a minimum extent. Uplighting and lighting of landscape or architectural features is prohibited. 17. The applicant shall not use public rights-of-way for construction staging or parking for contractors and their employees. The applicant shall clean any tracked mud and debris from the site from adjacent public rights-of-way. 18. Prior to issuance of a certificate of occupancy, the applicant shall replace any curb and/or gutter damaged during construction. 19. Prior to issuance of a building permit, the applicant shall complete and record an agreement to join any future improvement districts, for the purpose of constructing improvements which benefit the property under an assessment formula, to the extent permitted by law. 20. All utility meters and any new utility pedestals or transformers must be installed on the applicant's property and not in any public right-of-way. Easements must be provided for pedestals. All utility locations and easements must be delineated on the site improvement survey. Revisions to utility · locations and easements must be delineated on a revised site improvement survey prior to issuance of a certificate of occupancy. Meter locations must be accessible for reading and may not be obstructed. 21. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees. 22. The applicant must receive approval for any work within public rights-of-way from the appropriate City Department. This includes, but is not limited to, approval for a mailbox and landscaping from the City Streets Department. 23. Before issuance of a building permit, the applicant shall record the Planning and Zoning Commission and Growth Management Commission resolutions with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolutions. 24. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a reasonable amount of additional riparian vegetation along the north side of the property (along river) to the approval of the Parks Department. Section 4: 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 Growth Management Commission, Planning and Zoning Commission, and 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 other specific conditions. Section 5: Ordinance No. 10, Series 1998 Page 4 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 Aspen Consolidated Sanitation District, 565 North Mill Street, as approved by Ordinance Number __, Series of 1998, for a period of three (3) years from the date said Ordinance is approved with the following conditions: 1. The rights 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 rights. 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 fights. 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 roles, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 5. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature 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, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6: Pursuant to Section 26.52.080(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 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. Section 8: 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 9: 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 Ordinance No. 10, Series 1998 Page 5 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: A public hearing on the Ordinance shall be held on the 26th day of May, 1998 at 5:00 in the City Council Chmnbers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which heating a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, REAl) AND ORBERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 27th day of April, 1998. Approved as to fore: Approved as 'to content: ~ornev~;t~ JohnBnn~e~, ~~ ~ orney Mayor Attest: FINALLy~ adopted, passed and approved this 261h day of May, 1998. Approved as to form: Approved as to content: Mayor Attest: Ordinance No. 10, Series 1998 -- Page 6