HomeMy WebLinkAboutordinance.council.018-98 ORDINANCE NO. 18
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING,
CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL,
SUBDIVISION, AN EXEMPTION FROM THE GROWTH MANAGEMENT COMPETITION
AND SCORING PROCEDURES FOR AFFORDABLE HOUSING AND FREE-MARKET-AH
ASSOCIATED, APPROVAL OF THE METHOD IN WHICH AFFORDABLE HOUSING IS
TO BE PROVIDED, AND VESTED PROPERTY RIGHTS FOR THE ALPINE COTTAGES,
1240 EAST COOPER AVE., CITY OF ASPEN, PITKIN COUNTY, COLORADO,
Parcel ID No. 2737-181-00-016
WHEREAS, Larry Saliterman, in association with Semrau Building and Design
(applicant), submitted an application (development proposal) to the Community Development
Department for the development of 10 deed restricted affordable units and four (4) free-market-
AH associated lots at i240 East Cooper Ave.; and,
WHEREAS, the applicant has requested a rezoning to AH1-PUD, conceptual and final
planned unit development approval, subdivision, an exemption from the growth management
competition and scoring procedures for affordable housing and free-market-AH associated,
approval ofthe'method in which affordable housing is to be provided, vested property rights,
a waiver of the "Residential Design Standards", and Special Review to establish the parking
requirements and lot size; and
WHEREAS, the Community Development Department, the Housing Authority, the City
Engineer, the Fire Marshal, the Environmental Health Department, the Parks Dept. and the
Building Department reviewed the development proposal in accordance with all applicable
procedure and review criteria set forth in Sections 26.38, 26.44, 26.52, 26.56, 26.58, 26.64,
26.84, 26.88, 26.92 and 26. 100, of the Municipal Code; and,
WHEREAS, the Planning and Zoning Commission may approve applications for waiver
of the "Residential Design Standards", and Special Review to establish the parking requirements
and lot size and may recommend City Council approve rezoning to AH1-PUD, conceptual and
final planned unit development approval, and subdivision, and did approve said requests and
· recommended said actions with conditions, by a 4-0 vote, at aduly noticed public hearing on
May 19, 1998; and,
WHEREAS, the Growth Management Commission may recommend City Council
exempt from the growth management competition and scoring procedures affordable housing
and free-market-AH associated housing, and the method in which affordable housing is to be
provided from the Growth Management Quota System pursuant to Sections 26.52 and 26.100,
and recommended said action, by an 8-0 vote, pursuant to said sections at a duly noticed public
hearing on May 19, 1998; and
WHEREAS, the Aspen City Council may approve rezoning to AH1-PUD, conceptual
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and final plam~ed unit development approval, subdivision. an exemption from the growth
management competition and scoring procedures for affordable housing and free-market-AH
associated, approval of the method in which affordable housing is to be provided, as well as
vested property rights, pursuant to Sections 26.08, 26.44, and 26.52, 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, RefeXral Agencies, the
Growth Management Commission, and the Planning and Zoning Commission, and has taken and
considered public cogent at a public hearing held June 22, 1998, and July 27, 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
WHEREAS, 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 Larry Saliterman, in association with Semrau Building and Design
(applicant), approval of rezoning to AH1-PUD, conceptual and final planned unit development
approval, subdivision, an exemption from the growth management competition and scoring
procedures for affordable housing and free-market-AH associated, approval of the method in
which affordable housing is to be provided, and vested property rights for the subject parcel, the
Alpine Cottages, 1240 East Cooper Ave., City of Aspen parcel number 2737-181-00-016, with
the conditions of approval delineated in Section 3 below.
Section 2:
The Official Zone District Map for this City of Aspen, Colorado, shall be and is hereby amended
to reflect the AH1-PUD designation.
Section 3:
Conditions of Approval:
1. That ten (10) deed-restricted units and four (4) free-market-AH associated allotments, be
exempted from Growth Management as outlined below, and that this be the approved method of
providing affordable housing for the Alpine Cottages:
Lot 1:
1 four-bedroom Category 4 units
1 four-bedroom Category 3 unit
4 one-bedroom Category 3 units
4 four-bedroom RO units
Total Units: 10 Total Bedrooms: 28
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Lots 2 through 5 (free-market)
4 three-bedroom units
Total Units: 4 Total Bedrooms: 12
Project Total Units: 14 Project Total Bedrooms: 40
Total Percentage of Category Units = 10/14 = 71%
Total Percentage of Category Bedrooms = 28/40 = 70%
2. That the applicant agree to the conditions placed on the project by the housing board,
including:
· The RO units will have a 3% appreciation cap;
· The applicant will sell the RO units to a minimum household size of three persons;
· Income and asset restrictions should be based on a maximum of an $800,000 price;
· The maximum price for the RO units be set at $550,000;
· The RO units be sold to households who have worked in Pitkin County a minimum of
the last four years consecutively; and
· That 30% of the category units, or two (2) units, be opened to the public in a lottery,
and that the remaining 70% of the units' residents may be selected by the applicant,
as modified by city council.
3. That a utility plan be submitted to the Water Dept., the ACSD, and the City Engineer for
their review and approval prior to issuance of building permit;
4. All legal instruments associated with the access easement to Lot B, Ferguson Exemption,
the emergency access easement located between proposed Lots B and C, utility easements, and
the 10' trail easement between Aene Ct. and Snyder be recorded as part of the final plat;.
5. Lighting should be downcast and not used to call attention to architectural features;
6. Prior to issuance of a building perthit the applicant will be required to gain approval for a
line extension request, a collection system agreement, and possibly a shared service agreement
for each unit from the Aspen Consolidated Sanitation District;
7. The applicant shall submit a drainage report prior to issuance of a building permit to
ensure that no sediment loaded drainage will be leaving the property during and after
construction;
8. Prior to issuance of a building permit, the applicant shall submit a fugitive dust control
plan;
9. Prior to issuance of a building permit, the applicant shall gain the necessary permits from
the Enviroumer/tal Health Department for any fireplaces or woodburning devices;
10. Asbestos testing of the existing buildings will be required, as applicable, with the
building permit application;
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11. Prior to issuance of a building permit, the applicant shall submit GIS data including
property lines, building footprints, easements, and encroachments;
12. That the applicant pay fees-in-lieu of the school land dedication, and that the payment be
made prior to and on a proportional basis to the issuance of any building permits for the
residential lots;
13. That the required park fees be paid prior to the issuance of building permit;
14. Prior to issuance of a certificate 0foccupancy, the applicant shall repair any public right-
of-way damaged during construction;
15. 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 final plat. Meter
locations must be accessible for reading and may not be obstructed;
16. A current title policy for the Ferguson Subdivision, Lot 3, must be submitted prior to
filing of the final plat;
17. Additional information about the chain of title and the prior approvals regarding the open
space reservation must be provided prior to filing of the final plat;
18. The applicant will grant a utility easement along the westerly side of proposed Lot A and
will work with the adjacent owners (Robinson) to attempt to get agreement to relocate two
spruce trees onto Robinson' s property instead of within the propose water easement alignment.
Division of costs for extension of the water distribution system will need to be negotiated with
the City Water Dept.;
19. The proposed development shall construct, at its expense, a main line extension of the
· sanitary sewer system and provide individual sewer service lines to each individual building.
20. The site plan shall include areas for trash and recycling containers and for on-site snow
storage;
21. The Robinson Rd. access way, as proposed, is too narrow to be dedicated to the public
and should remain a private access way and common utility easement as previously dedicated in
the Ferguson Subdivision Exemption;
22. The parking spaces located between Units G & J need to be widened to 8.5 ft wide
(minimum) and should have a barrier curb or planting median separating these spaces from the
access driveway. Unassigned parking spaces should conform to city and ADA standards in size,
number, accessibility, slope;
23. The applicant will need to provide plans in the construction plans submitted for the
building permit(s) which include: staging and mitigating traffic, hauling and delivery routes;
vehicle parking; equipment and materials staging areas; temporary drainage, erosion and
sedimentation control during construction, and provision of temporary utilities;
24. The applicant will be responsible to provide temporary utility and drainage services to the
site and neighboring properties which may be impacted by disruption of utilities during
construction;
25. The applicant will secure all permits required by CDOT prior to commencing work
(relocation of the existing fire hydrant) and will follow the most stringent permit 'requirements if
the requirements of any permits differ;
26. For purposes of operation, maintenance and administration, each dwelling unit will need
to have separate utility services, metering and isolation valves and switches;
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27. The applicant 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 would be executed and recorded concurrent with recording the subdivision plat;
28. Given the continuous problems of unapproved work and development in public rights-of-
way and easements, we advise the applicant as follows:
· The applicant must receive approval from: City' Engineering (920-5080) for design of
improvements, including landscaping and grading, within public rights-of-way;
· Parks Department (920-5120) for vegetation species and placement, and irrigation
systems;
· Streets Department (920-5130) for mailboxes, street and alley cuts; and
· permits for any work or development, including landscaping, within public rights-of-
way from the City Community Development Department (920-5090);
29. Unless the applicant can provide documentation verifying his water rights in this
irrigation ditch, the property owner should establish a raw water lease agreement with the City
Water Department for use of a portion of the City' s water allocation in the Riverside irrigation
ditch for purposes of irrigation;
30. The Ferguson Subdivision Exemption plat shows an eight (8) ft wide easement centered
on the ditch flowline. Unless some other documentation is presented to substantiate another
dimension, an eight (8) ft wide easement will be suitable for this ditch easement;
31. The applicant shall record the Planning and Zoning Resolution with the County Clerk and
Recorder;
32. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission mad City Council shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
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:
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 Alpine Cottages, 1240 East Cooper Ave., as approved by Ordinance
Number 18, Series of 1998, for a period of three (3) years from the date said Ordinance
is approved with the following conditions:
I. 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.
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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.
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 fight.
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 fight Shall not preclude the application of
ordinance 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
cbdes, 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 Pitldn 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 separate, distinct and independent provision and shall not affect the validity of the remaining
'portions thereof.
Section 10:
A public hearing on the Ordinance was held on the 22rid day of June, 1998, and continued to the
13th day of Jniy, 1998 and then continued to the 271h day of Jniy, 1998, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
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public notice of the same was 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 this 261h day of May, 1998.
Approved as to form: Approved as to content:
FINALLY, adopted, passed and ap~o~e,~
Approved as to form:
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