HomeMy WebLinkAboutordinance.council.007-98 ORDINANCE No. 7
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION AND
CONSOLIDATED CONCEPTUAL/FINAL PLANNED UNIT DEVELOPMENT (PUD)
APPROVAL, INCLUDING A VARIANCE TO THE MAXIMUM HEIGHT LIMIT AND
THE MINIMUM OPEN SPACE REQUIREMENT, AND 'VESTED PROPERTY RIGHTS
FOR THE BELL MOUNTAIN TOWNHOMES, 720 E. COOPER AVENUE, LOTS K, L,
M, N, O, P, AND Q, BLOCK 105, TOWN OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO.
WHEREAS~ The Community Development Department received an application from the Bell
Mountain Limited Liability Company (hereafter "Applicant"), for Consolidated Conceptual/Final
Planned Unit Development (PUD) including requests for variances to the height limit and the minimum
open space requirement; and, Subdivision; and,
WHEREAS, said application also included requests for a Change In Use GMQS Exemption,
Conditional Use approval for five (5) AcceSsory Dwelling Units, and a six (6) month extension to 1996
Small Lodge Lottery residential allocations; and
WHEREAS, pursuant to Section 26.84.030 of the Aspen Municipal Code, the Planning and
Zoning Commission shall make a recommendation to the City Council regarding requests for Planned
Unit Development (PUD) approval, including certain variances to dimensional requirements of the
underlying zone district; and pursuant to Section 26.88.040 of the Aspen Municipal Code, the Planning
and Zoning Commission shall make a recommendation to the City Council regarding requests for
Subdivision approval; and,
. WHEREAS, pursuant to Section 26.84.030 of the Aspen Municipal Code, City Council shall
either approve, approve with conditions or deny requests for Plam~ed Unit Development (PUD) approval,
including certain variances to dimensional requirements of the underlying zone district; and 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 26.84.030 (Planned Unit Development) and Section 26.88.040 (Subdivision Approval), during a
public hearing at acontinued meeting on February 17, 1998, the Planning and Zoning Commission
recommended approval by a 6-0 vote of both the request for Consolidated Planned Unit Development
(PUD) with a variance to the minimum open space requirement and Subdivision; and
WHEREAS, pursuant to Resolution 98-3, the Planning and Zoning Commission fuaher granted
a Change In Use GMQS Exemption with a condition; a six (6) month extension of 1996 small lodge
Ordinance No. 7, Series of 1998
Page 2
lottery residential allocations for three (3) units with twelve (12) bedrooms; and, Conditional Use
approval for five (5) Accessory Dwelling Units with conditions; and
WItEREAS, the Aspen City Council has reviewed and considered the Bell Mountain
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 Plarming and Zoning
Commission in Resolution 98-3, and has taken and considered public comment at a public hearing; and
WItEREAS, the City Council finds ~hat the Bell Mountain Townhomes application to be
· consistent with the minimum requirements and review standards for both Planned Unit Development and
Subdivision approval pursuant to Sections 26.84.030 and 26.88.040, respectively, of the Aspen
Municipal Code provided the stipulated conditions of approval are met.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF
ASPEN, COLORADO:
Section 1:
The Bell Mountain Townhomes application for Subdivision and Consolidated Planned Unit
Development (PUD) is hereby approved with the following conditions:
1. Of the proposed plans, only those portions for which small lodge lottery allocations already exist
(three units) can be issued building permits upon approval and subject to those conditions
enumerated below, while development of the remaining portions (four units) cannot commence
unless and until the necessary allotments have been procured through the annual small lodge lottery.
If the allocations are obtained through the lottery, they will not be subject to any forthcoming code
revisions with respect to the provision of housing mitigation.
2. 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 Commmaity Development Departments for
review and re-evaluation.
3. A manholes shall be placed in the westernmost driveway in order to provide access to the
mechanical spaces lying beneath the driveways. Oil and sand separators are required for the "slot
drains" that are shown for each of the seven garage entries. Clear water connections such as
foundation, roof and surface run-off drains are prohibited from the public wastewater system. The
applicant shall contribute funds to the Aspen Consolidated Sanitation District to help address an
existing downstream constraint in the collection system. A tap permit must be completed at the
office of the Aspen Consolidated Sanitation District; payment of the total connection charges shall
be made prior to the issuance of a-building permit.
4. Utility meters and service connection points must be accessible to service personnel in the
completed project and must not be obstructed by garbage or recycling containers, other structures or
vegetation. Any new surface utilities requiring a pedestal or other above ground equipment must be
installed on an easement provided by the property.owner and not located within the public rights-of-
way.
5. The cost of relocating, re-wiring and energizing the electrical switch gear shall be borne by the
developer.
6. Trash and recycling containers shall be located such that haulers have Unobstructed, easy access
for pick up and such that the containers and their enclosures do not encroach into the public rights-
of-way.
Ordinance No. 7, Series of 1998
Page 3
7. The subdivision plat shall include easements for the relocated switch gear and all the vaults,
pedestals and above and below ground appurtenances for these utility structures.
8. 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.
9. A snow removal and storage plan shall be submitted to and approved by the City Engineering
Department prior to the issuance of any building permits.
10. An easement for the placement of a bus stop bench shall be granted along the East Cooper
Avenue right-of-way, and said easement shall be indicated on the final subdivision plat.
11. As determined necessary by the City Engineering Department, the existing sidewalks, curbs and
gutters shall be repaired or replaced to meet the sidewalk standards before issuance of any
Certificates of Occupancy for the project..Any improvements or areas disturbed during construction
will be restored to existing condition or better. The existing driveway curb cuts onto South Spring
Street and East Cooper Avenue shall be replaced with curb and gutter matching the existing profile.
12. A concrete apron with design standards acceptable to the City Engineer shall be constructed at
the westerly end of the alley although the alley itself shall not be paved. "Slow, Pedestrian
Crossing" signs shall be installed by the developer at each end of the alley in a manner that will not
inhibit routine maintenance of the alley but will ensure visibility to vehicles before crossing the
sidewalks when exiting the alley.
13. The existing fence along the East Cooper Avenue frontage shall be either removed from the
right-of-way or relocated to within the property boundaries.
14. If existing street lights are disturbed or damaged during construction, they shall be replaced in
kind and in alignment with the other street lights along the subject street.
15. Driveway slopes shall not exceed 12% where meeting a public right-of-way.
16. Prior to the issuance of building permits, the applicant shall provide the Engineering and Parks
Departments with detailed information regarding the feasibility and functionality of the proposed
· structural grass mat system intended for use on the driveways.
17. Excavation and stabilization plans shall be submitted to and approved by the City Engineering
Department prior to the issuance of any building permits.
18. 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 traffm 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.
19. Prior to the issuance of any building permits, the developer shall obtain a Fugitive Dust Control
Permit and provide an Erosion and Construction Drainage Plan. The Fugitive Dust Control Plan
must include, as a minimum, plans for fencing, watering of 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 lines or causing a nuisance;
applications may be obtained from the Environmental Health Department and an approved plan is
required before any building permits can be issued.
20. For purposes of operation, maintenance and administration, each dwelling unit will need to have
separate utility services, metering and isolation valves and switches. The general common elements
and limited common elements shall be clearly labeled, dimensioned and identified on a
condomininm plat to be recorded after substantial completion of the buildings and site development.
Said condominium plat shall be recorded prior to the issuance of any Certificates of Occupancy for
the completed project.
Ordinance No. 7, Series of 1998
Page 4
21'. The property owner(s) is required to join any future improvement district(s) formed for the
purpose of constructing public improvements which benefit the property under an assessment
formula; the agreement shall be executed and recorded concurrent with the recording of ~he
subdivision plat.
22. Prior to the issuance of any Certificates of Occupancy for the project, the applicant shall submit
as-built drawings of the project showing property lines, building footprints, easements, any
encroachments, entry points for utilities entering the property boundaries and any other
improvements to the Aspen/Pitkin County Information Systems Department in accordance with City
GIS requirements.
23. In the event required, the applicant must receive approval from:
· 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.
24. As part of the building permit application, the applicant must file a fireplace/woodstove permit
with the Environmental Health Department. Wood burning fireplaces and heating devices that
.utilize coal as a fuel are prohibited.
25. 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.
26. During construction, noise cannot exceed maximum permissible sound level standards, and
construction cannot occur between the hours of 10 p.m. and 7 a.m.
27. The developer shall provide sufficient depth to the foundation wall and proper drainage to allow
the Aspen trees on the east side of the lot to survive and grow properly. The water line will enter the
property from Spring Street so as not to conflict with the trees. The four proposed spruce trees will
be replaced with deciduous trees. There shall be no vegetation within ten (10) feet of the electrical
switch gear or in front of the garage entrances. The tree proposed near the Spring Street/alley
intersection shall be relocated to a site that is acceptable to both the City Engineer and the Parks
Department.
28. The applicant shall donate to the City those evergreen trees that must be removed from the site,
and the applicant shall work with the City toward identifying a location within the City to which said
trees can be moved. Once a location(s) is found, the applicant will pay the costs associated with the
relocation(s).
29. 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);
30. The Planned Unit Development (PUD) shall have a height limit of twenty-eight (28) feet, as
measured to the onezthird (1/3) point along the roof; this represents a variance allowing for three (3)
additional feet of height beyond the maximum allowable height in the RMF zone district.
31. The Plamaed Unit Development (PUD) shall have a minimum open space requirement of 33%;
this represents a variance allowing for two (2%) pement less open space than the minimum allowable
open space in the RMF zone district.
32. All outdoor lighting within the PUD will not cause glare or hazardous conditions. Outdoor
lighting shall be limited to an entry pedestal for each unit, low bollards along the walkways, and
porch lights. Down-directional, sharp cut-off fixtures shall be used for screening of all outdoor
lighting sources.
33. 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.
Ordinance No. 7, Series of 1998
Page 5
34. All material representations made by the applicant in this application and during public meetings
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions of
approval, unless otherwise amended by a Board/Commission having authority to do so.
~ction 2:
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 Bell
Mountain Townhomes at 720 E. Cooper Avenue as approved by Ordinance Number 7, Series of 1998, for a
period of three (3) years from the date said Ordinance is signed 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 16 be recorded by the Municipal Code shall also result in
forfeiture of said vested property rights.
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 rim 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 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 therefi'om is
granted in writing.
Section 3:
Pursuant to Section 26.52.080(D) of the Municipal Code, th~ 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.
Ordinance No. 7, Series of 1998
Page 6
Section 5:
This Ordingnce 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 repe~led or mended 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 ,,,e-7 day of_. .~., 1998 at 5:00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published once in a newspaper of general cimulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City ofAspen on the ,e~ day of ~7,d_A~/~1998. '
: JohBe~nnett, &yo?r'~~
~TTEST:
~ty ClerkKa
APPROVED AS TO FORM:
FINALLY, adopted, passed and approved this ~,~ day of_f~/.~ ~_ ,, 1998.
John en~ne~, Mayor
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